POST-SENTENCING PROBLEMS - SOME CONSEQUENCES OF A FINDING OF GUILT IN CRIMINAL CASES

• NCJ Number: 65267
• Journal: CRIMINAL LAW QUARTERLY Volume: 21 Issue: 3 Dated: (1979) Pages: 318-360
• Author(s): J S LEON
• Date Published: 1979
• Length: 43 pages
• Sponsoring Agency: Canada Ministry of National Health and Welfare
• Corporate Author: Canada Law Book
• Publication Format: Article
• Language: English
• Country: Canada

Annotation

REPERCUSSIONS FOR THE OFFENDER FOLLOWING RELEASE FROM PRISON IN CANADA ARE EXPLORED; LEGAL METHODS OF REDUCING OR ELIMINATING NEGATIVE CONSEQUENCES FOR THE CONVICTED INDIVIDUAL ARE PROPOSED.

Abstract

NOTWITHSTANDING PLEAS FOR DECRIMINALIZATION OF CERTAIN OFFENSES AS WELL AS ATTEMPTS TO LIMIT THE CONSEQUENCES OF CONVICTION THROUGH GRANTING OF DISCHARGES THROUGH THE PROVISIONS OF SUCH STATUTES AS THE FEDERAL CRIMINAL RECORDS ACT AND THE ONTARIO CONSUMER REPORTING ACT, THE ADDED ADVERSE CONSEQUENCES OF CONVICTION REMAIN IN BOTH FEDERAL AND PROVINCIAL LAW. INCLUDED ARE RESTRICTIONS ON RIGHTS RELATED TO CITIZENSHIP, IMMIGRATION, AND PASSPORT ISSUANCE. SOME OF THESE CONSEQUENCES ARE JUSTIFIED. OTHERS, HOWEVER, SERVE TO DEMORALIZE AND INHIBIT THE INDIVIDUAL WHO IS ATTEMPTING TO BECOME REESTABLISHED IN THE SOCIAL COMMUNITY. IT IS NECESSARY TO EXPLORE METHODS TO LIMIT AND CONTROL THIS PROCESS. THE USE OF THE CRIMINAL LAW AS A MEANS FOR CONTROLLING UNDESIRABLE BEHAVIOR SHOULD BE RESTRICTED TO PHYSICALLY OR MORALLY SERIOUS BEHAVIOR. OTHER BEHAVIOR SHOULD BE DECRIMINALIZED OR REGULATED IN DIFFERENT WAYS. THE USE AND EFFECT OF DISCHARGES, PARTICULARLY UNDER THE CRIMINAL RECORDS ACT, SHOULD BE CLARIFIED. THE POTENTIALLY DAMAGING PROCEDURE FOR SECURING A PARDON SHOULD BE REVISED. METHODS FOR EXTENDING THE LIMITATIONS ON THE USE OF INFORMATION REGARDING CONVICTIONS, POSSIBLY THROUGH FEDERAL AND PROVINCIAL COOPERATION IN THE LEGISLATIVE FIELD, IS NEEDED. THE DISCRETION TO CONSIDER INFORMATION ON CONVICTIONS SHOULD NOT BE ELIMINATED FROM THE ADMISSION, REGULATORY, AND LICENSING PROCEDURES FOR PROFESSIONS AND OTHER OCCUPATIONS. HOWEVER, LIMITATIONS AND GUIDELINES ON THE EXERCISE OF THIS DESCRETION SHOULD BE STRUCTURED INTO RELEVANT STATUTES. LEGAL COUNSEL SHOULD BE PROVIDED IN ALL CASES PRIOR TO THE DEFENDANT'S MAKING A DECISION TO PLEAD GUILTY, AND THE CONSEQUENCES OF SUCH A PLEA SHOULD BE STRESSED TO THE CLIENT. FOOTNOTES ARE INCLUDED IN THE ARTICLE. (AUTHOR ABSTRACT MODIFIED--LWM).