Punishment, Public Safety, and Collateral Legal Consequences

Journal of Applied Philosophy (forthcoming)
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Abstract

What are termed the ‘collateral legal consequences’ (or CLCs) of criminal conviction have been defended in a variety of ways. The focus in this article is on efforts to justify the burdens and restrictions they involve as nonpenal measures designed to secure public safety. Zachary Hoskins' careful defense of such public‐safety CLCs is utilized as a point of departure. Although it is granted that such measures might be defensible, the many complications and problems of ensuring that they do not amount to further legal punishment and are kept within reasonable bounds are explored. I argue that the state is unlikely to deploy such public safety measures wisely and with sufficient restraint.

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Richard Lippke
Indiana University, Bloomington

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References found in this work

The expressive function of punishment.Joel Feinberg - 1965 - The Monist 49 (3):397–423.
Ex‐offender Restrictions.Zachary Hoskins - 2014 - Journal of Applied Philosophy 31 (1):33-48.
On Incapacitating the Dangerous.Ferdinand D. Schoeman - 1979 - American Philosophical Quarterly 16 (1):27 - 35.
Regulation as Punishment.Hadassa Noorda - 2021 - Criminal Justice Ethics 40 (2):108-123.

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