BARRIERS TO THE REHABILITATION OF EX-OFFENDERS

• NCJ Number: 35545
• Journal: Crime and Delinquency Volume: 22 Issue: 3 Dated: (JULY 1976) Pages: 322-337
• Author(s): M W DALE
• Date Published: 1976
• Length: 16 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS PAPER DISCUSSES STATUTORY AND OTHER BARRIERS TO THE EMPLOYMENT OF EX-OFFENDERS AND EXAMINES POSSIBLE CONSTITUTIONAL CHALLENGES TO THIS PRACTICE.

Abstract

THE EMPLOYMENT BARRIERS DISCUSSED ARE THE POOR BACKGROUND OF MOST EX-OFFENDERS, THE STIGMA OF CRIMINALITY ATTACHED TO EX-OFFENDERS BY THE GENERAL PUBLIC, THE REQUIREMENT IN CERTAIN BUSINESSES THAT APPLICANTS BE BONDED AS A PRECONDITION TO BEING HIRED, AND THE NUMEROUS STATUTORY AND CONSTITUTIONAL PROVISIONS THAT RESTRICT ENTRY INTO GOVERNMENT EMPLOYMENT AND THE LICENSED OCCUPATIONS. CONSTITUTIONAL CHALLENGES TO FALSE PRESUMPTIONS OF UNWORTHINESS FOR EMPLOYMENT OR OVERLY VAGUE OR UNARTICULATED STANDARDS UNDER THE FOURTEENTH AMENDMENT'S DUE PROCESS CLAUSE ARE CITED. THE OTHER CONSTITUTIONAL ARGUMENTS AGAINST CIVIL DISABILITY STATUTES EXAMINED ARE THE RIGHT TO EQUAL PROTECTION FROM SUSPECT CLASSIFICATIONS AND THE EIGHTH AMENDMENT'S BAN AGAINST CRUEL AND UNUSUAL PUNISHMENT.