NCJ Number
48598
Journal
Harvard Journal on Legislation Volume: 14 Issue: 1 Dated: (DECEMBER 1976) Pages: 111-150
Date Published
1976
Length
40 pages
Annotation
THE MAJOR THRUSTS OF THE REHABILITATION OF OFFENDERS ACT ARE DESCRIBED AND CRITICIZED, AND ITS APPLICATION TO THE AMERICAN APPROACH TO EX-OFFENDERS IS DISCUSSED.
Abstract
RECOGNIZING THAT MODERN PENOLOGISTS URGE THE REHABILITATION AND SOCIETAL REINTEGRATION OF EX-OFFENDERS, WHILE THE PREJUDICES OF EMPLOYERS AND THE GENERAL PUBLIC LIMIT OPPORTUNITIES FOR THE EX-OFFENDER TO EXPERIENCE FULL REINTEGRATION, THE BRITISH PARLIAMENT ENACTED THE REHABILITATION OF OFFENDERS ACT IN 1974, WITH THE INTENT OF CONTROLLING THE EFFECTS OF SOCIETAL PREJUDICES AGAINST THE REFORMED EX-OFFENDER. THE ACT PROHIBITS GENERAL DISCLOSURE OF THE CRIMINAL RECORDS OF EX-OFFENDERS WHO MEET THE CONDITIONS DESCRIBED IN THE ACT. ALL PERSONS JUDGED GUILTY OF A CRIME AND RECEIVING A NONCUSTODIAL SENTENCE, OR A CUSTODIAL SENTENCE NO LONGER THAN 30 MONTHS ARE ELIGIBLE FOR THE ACT'S PROTECTION. CONVICTIONS BY MILITARY TRIBUNALS AND FOREIGN COURTS ARE NOT EXPECTED. THOSE ELIGIBLE FOR THE ACT'S SECRECY PROVISIONS MUST COMPLETE THE 'REHABILITATION PERIOD' PRESCRIBED FOR THE SENTENCE RECEIVED WITHOUT ADDITIONAL CONVICTION OF AN INDICTABLE OFFENSE DURING THAT PERIOD. SUCH COMPLETION OF THE 'REHABILITATION PERIOD' QUALIFIES ELIGIBLES FOR ALL THE PROVISIONS OF THE ACT. TO ENFORCE ITS PROVISIONS, THE ACT PROVIDES FOR CIVIL AND CRIMINAL LIABILITY AGAINST THOSE WHO BREACH THE SECRECY PROVISIONS OF THE ACT. THE ACT DOES PROVIDE, HOWEVER, FOR EXEMPTING FROM SECRECY IN JOB-HIRING PROCEDURES EX-OFFENDERS WHO APPLY FOR SPECIFIC JOBS OR CLASSES OF JOBS LISTED IN THE ACT. THE AUTHOR LAUDS THE BASIC INTENT OF THE ACT, WHILE CRITICIZING ITS LIMITED SCOPE. IT IS CONSIDERED THAT TOO MANY 'REHABILITATED' EX-OFFENDERS ARE EXCLUDED FROM ELIGIBILITY, NOTABLY THOSE CONVICTED OF SERIOUS OFFENSES. IN ADDITION, MANY OF THE JOBS EXCLUDED FROM THE PROVISION OF THE ACT ARE DESIRABLE, HIGH-PAYING RESPONSIBLE JOBS TOWARD WHICH AMBITIOUS AND GIFTED EX-OFFENDERS MIGHT ASPIRE. IT IS BELIEVED, THEREFORE, THAT THE ACT EVIDENCES THE SAME KIND OF PREJUDICES IT PURPORTS TO PROTECT. THE EFFECTS OF PREJUDICES AGAINST THE REHABILITATED EX-OFFENDER ARE CONSIDERED VIRTUALLY UNCHECKED BY LAW IN THE UNITED STATES. IT IS SUGGESTED THAT JUST AS THERE ARE LAWS PROHIBITING RACIAL DISCRIMINATION IN EMPLOYMENT, HOUSING, AND OTHER PRIMARY ASPECTS OF LIVING, THERE SHOULD BE LAWS CONTROLLING THE EFFECTS OF PREJUDICE AGAINST THE REFORMED EX-OFFENDER. THE BRITISH MODEL IS CONSIDERED A BEGINNING.