Showing posts with label collateral consequences. Show all posts
Showing posts with label collateral consequences. Show all posts

Tuesday, June 3, 2014

Kentucky Added to ABA National Database of Collateral Consequences of Criminal Convictions



The American Bar Association has completed its listing of the collateral consequences of a criminal conviction for the state of Kentucky.  A few years ago, the United States Congress directed the National Institute of Justice to collect and study the collateral consequences of criminal convictions in all jurisdictions throughout the United States.  The National Institute of Justice selected the American Bar Association Criminal Justice Section to perform the necessary research and analysis.  The result is the ABA National Inventory of Collateral Consequences of Conviction (NICCC).  It can be accessed at: http://www.abacollateralconsequences.org/  After agreeing to terms and conditions, one can enter the site and click on the state.  

According to the “resources” page on the website, the ABA’s information on Kentucky was taken, in part, from two law review articles on collateral consequences in Kentucky published in the Northern Kentucky Law Review in 2008.  These articles were also the starting point for the Kentucky Department of Public Advocacy’s (DPA) Collateral Consequences Manual.  DPA had researchers counter-check and update the 2008 information for the publication of its manual in 2013.  It is available at www.dpa.ky.gov.   The manual also includes a thorough chart of immigration consequences of conviction in Kentucky which was put together by experts in immigration law.  In addition to the two law review articles on Kentucky law, the ABA also conducted its own searches using complex algorithms designed to turn up collateral consequences in state statutes and administrative regulations.  The result is comprehensive and thorough.
 
When you click on Kentucky on the national map page, the site allows you to conduct searches in a number of ways.  One can select the collateral consequence of concern and then select the offenses which activate the selected consequence.  Or one can search by keywords.  The website admits that many collateral consequences may serve a protective function: keeping guns out of the hands of violent offenders or protecting the young or elderly against people with a history of abuse.  But the ABA also points out that many collateral consequences “apply across the board to people convicted of crimes, without regard to any relationship between crime and consequence, and frequently without consideration of how long ago the crime occurred or what the individual has managed to accomplish since.”

The website, like the DPA manual, is a valuable starting point for attorneys concerned about adequately informing their clients of the consequences of convictions.  Specific questions from clients will always have to be researched independently.   

Contributed by Glenn McClister

Friday, May 3, 2013

New Practice Advisory from Immigrant Defense Project on Moncrieffe


IDP and Partners Release Advisory On Implications of Moncrieffe v. Holder

IDP, the American Immigration Council, and the National Immigration Project have issued a practice advisory on the implications for drug charges and other issues involving the categorical approach of the Supreme Court’s long-awaited decision in Moncrieffe v. Holder. The Supreme Court held that an offense that punishes the transfer of small amounts of marijuana for no remuneration cannot be deemed a “drug trafficking crime” aggravated felony under the categorical approach.  The Court’s 7-2 decision is also likely to have a beneficial impact on some other key issues regarding the proper way to assess the immigration consequences of convictions. 

The practice advisory covers: (1) the holding in Moncrieffe; (2) the decision’s potential broader implications; (3) strategies for noncitizen criminal defendants; and (4) steps that lawyers (or immigrants themselves) should take immediately in pending or already concluded removal proceedings affected by Moncrieffe.


link to  practice advisory

Thursday, October 25, 2012

NACDL Launches Publicly Available Restoration of Rights Database

The National Association of Criminal Defense Lawyers, as a resource for its members and as a service to the public, a collection of individual downloadable documents that profile the law and practice in each U.S. jurisdiction relating to relief from the collateral consequences of conviction.  The 54 jurisdictional profiles include provisions on loss and restoration of civil rights and firearms privileges, legal mechanisms for overcoming or mitigating collateral consequences, and provisions addressing non-discrimination in employment and licensing. In addition to the full profiles, there is a set of charts covering all 50 states (plus territories and the federal system) that provide a side-by-side comparison and make it possible to see national patterns in restoration laws and policies. The information covered by the charts is summarized on the page for each jurisdiction.
Nation-Wide Database
Kentucky's Listing
See the comparison charts