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Using data from the National Longitudinal Survey of Youth 1997 (NLSY97) and a supplemental COVID sample of NLSY97 respondents, we examined the associations between three measures of criminal justice contact and several indicators of labor market participation during the first year of the COVID-19 pandemic. Findings indicated that a history of adult criminal justice contact was associated with higher odds of being out of the labor market during the pandemic. However, among those in the workforce, criminal justice contact was also associated with higher odds of stopping work, working reduced hours, experiencing decreased wages, not working from home, and having close contact with others at work. Additional analyses suggest that deeper levels of contact were sometimes associated with worse outcomes. [ABSTRACT FROM AUTHOR]

Qualitative research has documented mothers' critical role in supporting adult children during and after incarceration. Yet, the implications of incarceration for mothers have been relatively unexplored. Wealth research has also largely overlooked the influence of adult children on parental wealth. Using linked mother–child data from the National Longitudinal Survey of Youth 1979 (NLSY79) and the NLSY79 Child and Young Adult study, we investigate whether a child's incarceration influences mothers' wealth and whether accounting for child incarceration history helps explain the racial wealth gap. We use an event-study analysis and fixed-effects models to assess the evidence that children's incarceration affects three forms of wealth: financial assets, homeownership, and home equity. We find significant relationships between child incarceration and maternal wealth, but the importance of current versus prior child incarceration depends on the type of wealth considered. We also find that child incarceration is much more detrimental in dollar terms for White women than for Black or Hispanic women, but the financial asset penalty associated with child incarceration is larger in percentage terms for Black women than for White women. [ABSTRACT FROM AUTHOR]

The collateral consequences of the non‐payment of fines have merited much attention in jurisdictions such as the USA or Australia, yet they are relatively unexplored in countries of the Global South. In this article, we analyse Brazil as a case study. Although Brazil has the third largest prison population in the world, its criminal justice system has received little attention. We intend to fill this gap by addressing the legal framework and practices surrounding the non‐payment of fines in a country whose draconian policies cause social exclusion and impede rehabilitation. [ABSTRACT FROM AUTHOR]

The article examines the complex relationship between civil and criminal legal systems and their joint impact on individuals. Topics discussed include the pervasive challenges of civil and criminal justice overlap, the systemic inequalities affecting marginalized groups, and the need for integrative approaches to enhance justice outcomes across both systems.

A rich empirical literature documents the consequences of mass incarceration for the wealth, health, and safety of Black Americans. Yet it often frames such consequences as a regrettable artifact of racially disproportionate criminal legal system contact, rather than situating the impetus and functioning of the criminal legal system in the wider context of White political and economic domination. Revisiting a quarter century of mass incarceration research through a stratification economics lens, we highlight how mass incarceration shapes Black–White competition for education, employment, and financial resources and contributes to Black–White disparities in well-being. Highlighting persistent research gaps, we propose a research agenda to better understand how mass incarceration contributes to systematic White advantage. To address mass incarceration's consequences and transform the conditions of White political and economic domination under which it arose, we call for legislative and judicial intervention to remedy White hyper-enfranchisement and reparations to eliminate the Black–White wealth gap. [ABSTRACT FROM AUTHOR]

Research summary: A growing literature documents the effect of criminal justice contact on inequalities in the labor market. While ample evidence indicates that a criminal record itself imposes considerable disadvantage, the formal legal mechanisms that may contribute to criminal record‐based exclusion have received less empirical attention. The present study examines how one such mechanism—legal requirements for employers and license boards to perform criminal background checks—shapes labor market outcomes among formerly incarcerated people. The study draws from novel longitudinal data on the extensiveness of background check requirements at the state level, as well as individual‐level data on incarceration, wages, and unemployment from the Panel Study of Income Dynamics. Results show that while the extensiveness of state‐level background check requirements does not significantly affect the likelihood of unemployment, formerly incarcerated people residing in states where background check requirements are extensive are estimated to earn significantly lower wages than their counterparts in states with few screening mandates. Policy implications: Criminal background check requirements stand as significant policy barriers that diminish the earning potential of formerly incarcerated people. Policy makers seeking to mitigate the collateral consequences of criminal convictions should narrow the scope of these laws to target specific, highly sensitive occupations, as opposed to broader workplace contexts. Reforms should also address persistent data quality issues in state criminal history record systems and shift the burdens imposed by incomplete or erroneous rap sheets. To minimize adverse self‐selection, background check procedures should clarify for applicants the role that a criminal history record may play in clearance decisions. Finally, future research should assess the marginal benefit of criminal background checks compared with other methods of screening prospective hires and licensees. [ABSTRACT FROM AUTHOR]

For Americans convicted of crimes, collateral consequences impose barriers extending long past the completion of official sentences. The present study develops a novel distinction between congruent and incongruent collateral consequences. Congruent consequence laws impose barriers that are closely linked to their triggering offenses, while incongruent measures impose barriers that are only loosely connected to triggering offenses—or are disconnected entirely. Focusing specifically on the impactful consequence of restricting legal driving privileges, this article examines how the determinants of these policies vary according to the degree of congruity between triggering offense and collateral consequence. Using novel data on driver's license restriction laws, we find that the Black composition of state felony record populations is positively associated with the extensiveness of license restrictions for nondriving safety offenses. Conversely, we do not find a statistically significant relationship between states' felony record racial composition and their volume of license restrictions for driving safety offenses. These findings reveal a major divergence in pathways leading to congruent and incongruent collateral consequence statutes at the state level. The results are further notable given driving's central role in the US socioeconomic system. [ABSTRACT FROM AUTHOR]

Retributive justice is the preferred penal theory in many countries, especially for serious offences, and is a predominant justification for imprisonment. Retributivists, however, have little to say regarding the state's role towards returning citizens after release from prison. In reality, paroled individuals struggle with continuing surveillance, poverty, stigma and other significant barriers to housing, employment and health. Thus, rates of recidivism are high. Re-entry services can help, but they are few. Without a proper understanding of the implications of the retributive model, advocates for re-entry services struggle to gain public support or the attention of policy-makers. Recognising that retributivism is not a monolithic theory, and with a focus on the parole period, we argue that key sub-streams of retributivism offer a valuable support for understanding public responsibility for re-entry services. To that end, we offer a conceptual understanding of the core retributive principles that call upon governments to actively assist parolees. We do so by connecting re-entry to the retributive notions of unfair advantage, penal communication and moral reform. Finally, we emphasise two, often neglected, re-entry programmes that fit the core retributive principles and highlight implications for the parole process. [ABSTRACT FROM AUTHOR]

AbstractResearch indicates that a criminal history significantly reduces a prospective student’s chance of being accepted into a higher education institution, yet little evidence addresses how universities make these decisions. Given the number of people with the mark of a criminal record and the collateral consequences that it carries, this analysis describes decision-making on criminal and disciplinary records. It utilizes a relational theory of risk to understand the social construction of risk in the context where universities hold stated goals of public safety and equitable access to education. Through interviews with seventeen university admissions administrators, we find that arbitrariness in the evaluation of “red flag” students remains although this university system has established formal requirements around background information. Along with formal requirements, decision-makers rely on their own subjective perceptions and experiences to evaluate risk among applicants. Findings contribute to our understanding of the construction of risk in organizations and policy around assessing criminal records in higher education. [ABSTRACT FROM AUTHOR]

Substance use remains an all-too-common experience for youth and young adults involved in the U.S. juvenile and criminal justice system. Compounding this effect, adjudicated youth are likely to have family members also involved in the criminal justice system. While family support has long been cited as a protective factor against youthful substance use, family criminal justice contact may interrupt this relationship and exacerbate substance use issues for youth as they age. Using eleven waves of data from the Pathways to Desistance dataset, we examine the independent and interdependent influences of family support and family criminal justice contact on substance use as youth move into young adulthood. Results from a series of cross-lagged dynamic panel models demonstrate that after accounting for baseline levels of substance use, family support does not significantly relate to substance use across time. Family criminal justice contact, however, relates to significant increases in substance use. [ABSTRACT FROM AUTHOR]

Over the last several decades, research has demonstrated the adverse impact incarceration has on sustaining and strengthening familial bonds. Physical and communication barriers are often noted as lead sources of strain in relationships between incarcerated individuals and their loved ones. Studies have shown that the financial burden of prison can also have deleterious impacts on the family reintegration process upon release, particularly for minoritized populations. The current study adds to the discussion on collateral consequences of the carceral state by introducing temporal debt ; a novel concept similar to financial debt in that it results from oppressive policies and builds over generations. Findings detail how the carceral state impacts fathers' regard for temporal provision and enters Black men into a cycle of temporal poverty. The results encourage readers to consider novel means of addressing harm and violence to decrease the perpetuation of familial harm committed by the criminal legal system beyond reformist efforts that often aim to ease parenting from prison. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho UNED is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Objectives: I examine housing instability among individuals with a felony conviction but no incarceration history relative to formerly incarcerated individuals as a means of separating the effect of felon status from that of incarceration per se—a distinction often neglected in prior research. I consider mechanisms and whether this relationship varies based on gender, race/ethnicity, time since conviction, and type of offense. Methods: I use National Longitudinal Survey of Youth 1997 data and restricted comparison group, individual fixed effects, and sibling fixed effects models to examine residential mobility and temporary housing residence during early adulthood. Results: I find robust evidence that never-incarcerated individuals with felony convictions experience elevated risk of housing instability and residential mobility, even after adjusting for important mediators like financial resources and relationships. The evidence that incarceration has an additional, independent effect on housing instability is weaker, however, suggesting that the association between incarceration and housing instability found in prior studies may largely be driven by conviction status. Conclusions: These findings reveal that conviction, independent of incarceration, introduces instability into the lives of the 12 million Americans who have been convicted of a felony but never imprisoned. Thus, research that attempts to identify an incarceration effect by comparing outcomes to convicted individuals who receive non-custodial sentences may obscure the important independent effect of conviction. Moreover, these findings highlight that the socioeconomic effects of criminal justice contact are broader than incarceration-focused research suggests. Consequently, reform efforts promoting the use of community corrections over incarceration may do less to reduce the harm of criminal justice contact than expected. [ABSTRACT FROM AUTHOR]

This article contributes to the study of carceral citizenship in the United States by offering one of the first academic efforts to appraise the opinions of people with criminal records about "collateral consequences," the civil restrictions attached to convictions. In thirty-two extended interviews with people visiting a reentry-support organization in New York City, participants were asked what they thought the rules ought to be across multiple policy areas, and whether they would like to engage in each activity if the law permitted them to. Emphasizing themes of personal change, fairness, and the difficulty of living with a record, interviewees strongly rejected automatic, permanent restriction of gun rights, access to public housing, and the ability to work. Mindful of risks of harm, however, many endorsed focused limits, while arguing for universal access where they did not see threats to safety. Interviewees spoke often of personal transformation in criticizing permanent barriers. But consistent with research on the content of reentry narratives and with literature on responsibilization in the U.S. criminal-legal system, interviewees tended to frame the potential for change in a demanding way, as a possibility rather than a presumption, and a striking number volunteered comments about the primary role of individual responsibility in navigating life with a record. The results enhance theories of responsibilization in the carceral state, showing the prominence of specific ideas about personal transformation, the tension between belief in change and concern for community safety, and the importance of civic inclusion. [ABSTRACT FROM AUTHOR]

They explain how this model, strongly protective of privacy and confidentiality, has nonetheless triggered the proliferation of centralised state-performed criminal record screening leading to significant barriers to the re-entry process for people with a criminal record. Keywords: Collateral consequences; comparative criminal justice; comparative criminology; criminal records; policy mobilities EN Collateral consequences comparative criminal justice comparative criminology criminal records policy mobilities 519 527 9 08/25/23 20230901 NES 230901 This special issue is devoted to a constantly growing field of interest within criminology and criminal justice: so-called collateral consequences of criminal records (hereinafter, CCCR). Leandro Gaston and Carlos Carnevale explore the criminal records system in Argentina in the context of recent reforms on criminal record disclosure in Latin America. In fact, ramifications of criminal records represent a major facet of the lived experience of criminal justice-involved individuals who are subject, to a varying degree, to a web of discrimination, exclusion, governance and surveillance (e.g. [46]). [Extracted from the article]

Roughly, 13% of Canada's adult population has some kind of criminal record. Collateral consequences stemming from a criminal record are wide-ranging, from formal restrictions to more informal forms of exclusions. In this article, I argue that Canada exhibits a distinct and dual approach with regard to collateral consequences. A commitment to principles, such as human dignity, rehabilitation, proportionality and individualisation in sentencing, especially by the courts, has increasingly mitigated the impact of collateral consequences in many areas. Yet, these interventions to limit collateral consequences have been far more uncommon for immigration-related collateral consequences, where the impact of a criminal conviction has only expanded in the last decades. This suggests the centrality of the criminalisation of migration in Canada's bordering regime and its role in drawing boundaries between desirable and undesirable migrants. This dual nature of collateral consequences also sends a message about who is, and who is not, deserving of second chances. [ABSTRACT FROM AUTHOR]

In this article, we highlight the existence and expansion of so-called 'collateral consequences' (CCs) of criminal records in Europe to challenge the prevalent view that these are features of the claimed 'American exceptionalism' within the penal field. First, we consider how CCs have been widely presented as a quintessential example of American penal exceptionalism within extant scholarship before problematising the adoption of such a framework from a European perspective. Second, we demystify the issue of CCs within Europe by highlighting the deleterious effects which CCs have on the lives of European people with a criminal record. Third, we consider precisely what can be regarded as 'exceptional' about CCs in the United States as compared to Europe by analysing key areas of possible differentiation. We conclude by cautioning against the view that European penality is necessarily – and always homogeneously and consistently – 'progressive' in relation to its treatment of criminal records and criminal record subjects. We also suggest that far greater attention and vigilance is required from criminologists and criminal justice scholars regarding the expansion and operation of CCs in Europe. [ABSTRACT FROM AUTHOR]

The Netherlands has endorsed a unique system regarding the management, disclosure and screening of criminal records. Disclosure to third parties is strongly restricted, yet all (potential) employees can request a government agency to provide a risk assessment − known as a Certificate of Conduct ('VOG' in Dutch) − for every kind of employment application to determine whether they are fit for a given job. This article explains how and why this Dutch policy approach, deemed respectful of individual privacy rights, can nonetheless go hand in hand with the promotion, proliferation and pervasiveness of criminal record screening. It challenges the often dichotomic approach of the comparative literature on criminal record policies and helps understand that privacy protection alone cannot be fully equated with the rehabilitation and re-entry in society of people with a criminal history. Although the Dutch criminal record system avoids any unnecessary publicity of criminal record data, it nonetheless triggers adverse impairments on reintegration processes through stigmatisation and exclusion resulting from the ubiquitous use of Certificates of Conduct in the labour market. This questions the promotion of the Dutch screening instrument as an exemplary model for criminal record information sharing within Europe. [ABSTRACT FROM AUTHOR]

Abstract Background While the severe detrimental impact of COVID-19 on incarcerated people is well known, little is known about the experience of COVID-19 on those on community supervision. Our objective was to better understand the experience of the COVID-19 pandemic and its collateral consequences for those on community supervision (e.g., probation, parole). Beginning in December 2020, we conducted 185 phone surveys about COVID-19 with participants in The Southern Pre-Exposure Prophylaxis (PrEP) Study across its three sites - Florida, Kentucky, and North Carolina. We conducted rapid assessment interviews with both closed- and open-ended questions. We calculated descriptive statistics for close-ended questions and conducted a content analysis for open-ended questions. Results The COVID-19 pandemic affected those on community supervision through their experiences in the community and while incarcerated with over one-quarter of participants being reincarcerated during this time. In addition to many (128/185) experiencing COVID-19 symptoms, about half (85/185) of participants reported a diagnosis in their network with 16 of those participants losing loved ones to the pandemic. Participants experienced disruptions to their social network, healthcare, and livelihoods. Though many maintained their support systems, others felt isolated and depressed. Experiences during COVID-19 exacerbated difficulties already faced by those with criminal involvement. Conclusions The public health community must recognize those experiencing probation and parole, not only those housed in carceral facilities, as disproportionately impacted by the COVID-19 pandemic. We must tailor programs and services to meet their needs.

Many theories emphasize how employment is protective against criminal recidivism, yet a criminal record is a major barrier for getting hired. We asked 591 managers to make hypothetical hiring decisions between two applicants whose key difference was the presence or absence of a criminal conviction. In addition, we randomly manipulated the education, references, wage, or experience of the applicant with the criminal record to identify which manipulations can offset the cost of the record on an applicant's probability of being selected. We found that, when credentials were the same, the applicant with a criminal record was unlikely to be hired. That applicant, however, could become likely to be hired (i.e., the likelihood crossed 50 percent) by having at least 1 year of relevant experience, a GED or a college degree, or references from a former employer or a professor. Incomplete degrees, references from criminal justice professionals, or wage discounts did not make the applicant with the record likely to be hired. Findings confirm that a criminal record carries a high employability cost but also indicate that this cost can be superseded by specific credentials that signal an applicant's reliability, which can be provided by existing programs and institutions. [ABSTRACT FROM AUTHOR]

In response to the introduction of the Data Protection Act (2018), the Universities and Colleges Admissions Service (UCAS) no longer require applicants to non-regulated degrees to disclose unspent convictions on their university applications. The UCAS application represents just one stage of the admissions process, but there are other stages where applicants' criminal history information can be requested. This paper reports the findings from an analysis of 143 university criminal record policies to explore if, how and why applicants' disclosures are used within the undergraduate admissions process. Findings indicate that 103 institutions continue to make it compulsory for applicants to non-regulated degrees to disclose their unspent criminal record. This requirement has the potential to create challenges for a substantial proportion of the population, should they decide to apply to university. University policies often justify the use of compulsory criminal record disclosures to support 'safeguarding procedures' or as part of their 'duty of care towards staff and students'. Yet university policies provide no evidence or explanation to suggest that asking applicants to self-disclose their unspent criminal records effectively supports these aims. Consequently, this paper calls into question the rationalities universities use to justify their practices towards applicants with criminal records. [ABSTRACT FROM AUTHOR]

Affordable housing is a critical resource with serious ramifications for a range of outcomes for low-income households. However, low-income prospective tenants are often denied subsidized housing through the U.S. Department of Housing and Urban Development (HUD) on the basis of factors directly or indirectly related to their poverty and racialized identities. This study assesses how the admissions policies of public housing authorities and Section 8 Project-Based Rental Assistance developments in Rhode Island define criteria for denial on the basis of applicants' criminal legal history, alcohol use, landlord history, and credit history. Three key findings emerge from this study that highlight the endemic nature of housing exclusion and elucidate how it is enacted. First, the plans include grounds for denial that far exceed the HUD-mandated criteria and utilize long lookback periods. Second, plans lack clarity and transparency. Third, admissions criteria vary significantly by development characteristics. Policy interventions include increased oversight and transparency and advocacy for inclusionary language. [ABSTRACT FROM AUTHOR]

Copyright of Tijdschrift voor Criminologie is the property of Boom uitgevers Den Haag and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Academics, policymakers, and practitioners alike are increasingly interested in criminal legal debt stemming from financial sanctions and its consequences on individuals and families. Most prior work has focused on justice system exposure and the accumulation of fines, fees, and costs. This study assesses whether owing criminal court debt is a factor in keeping people tied to the justice system in the short-term yet critical window after release from prison. In addition, I examine whether being under supervision (i.e., probation or parole) increases the chance of owing court-related debt. Relying on longitudinal survey data from the Returning Home Study, results suggest the existence of a feedback loop whereby one's status as being under correctional supervision at release from prison leads to increased debt, which in turn increases the chance of remaining under supervision during the first year out. The findings have implications for law and policy and raise important questions about the role of revenue generation in criminal justice. [ABSTRACT FROM AUTHOR]

A criminal conviction can trigger numerous burdensome legal consequences beyond the formal sentence. Some charge that these "collateral" legal consequences (CLCs) constitute additional measures of punishment, which raises the further question of whether judges should consider these CLCs when making sentencing decisions, reducing the formal sentence in proportion to the severity of the CLCs the defendant will face. The idea that all CLCs constitute forms of punishment reflects a particular conception of punishment, which I call the "minimalist view." In this paper, I argue against the minimalist view. I contend that on a more adequate conception of punishment, some but not all CLCs constitute punishment. I also argue that whether judges should consider CLCs in sentencing decisions depends on whether the relevant CLCs constitute punishment. [ABSTRACT FROM AUTHOR]

This study explores the legal barriers created by state governments for justice-impacted individuals. The more work barriers the state creates for someone with a criminal record, the more attractive illegal activities become. We examine differences across states in the data set provided by the National Inventory of Collateral Consequences of Conviction. We compare incarceration rates, unemployment rates, and labor force participation rates to the number of rules that affect someone with a criminal background. Our results predict that states with more collateral consequences will have higher per-capita imprisonment, higher unemployment, and lower labor force participation rates. [ABSTRACT FROM AUTHOR]

Background: While the severe detrimental impact of COVID-19 on incarcerated people is well known, little is known about the experience of COVID-19 on those on community supervision. Our objective was to better understand the experience of the COVID-19 pandemic and its collateral consequences for those on community supervision (e.g., probation, parole). Beginning in December 2020, we conducted 185 phone surveys about COVID-19 with participants in The Southern Pre-Exposure Prophylaxis (PrEP) Study across its three sites - Florida, Kentucky, and North Carolina. We conducted rapid assessment interviews with both closed- and open-ended questions. We calculated descriptive statistics for close-ended questions and conducted a content analysis for open-ended questions. Results: The COVID-19 pandemic affected those on community supervision through their experiences in the community and while incarcerated with over one-quarter of participants being reincarcerated during this time. In addition to many (128/185) experiencing COVID-19 symptoms, about half (85/185) of participants reported a diagnosis in their network with 16 of those participants losing loved ones to the pandemic. Participants experienced disruptions to their social network, healthcare, and livelihoods. Though many maintained their support systems, others felt isolated and depressed. Experiences during COVID-19 exacerbated difficulties already faced by those with criminal involvement. Conclusions: The public health community must recognize those experiencing probation and parole, not only those housed in carceral facilities, as disproportionately impacted by the COVID-19 pandemic. We must tailor programs and services to meet their needs. [ABSTRACT FROM AUTHOR]

The relationship between collateral consequences and recidivism among individuals who sexually offend continues to be proffered in the literature, yet empirical evidence of these links has yet to be established. This exploratory study investigated the correlational and predictive relationships between social and psychological collateral consequences and overall recidivism, sexual recidivism specifically, and probation/parole/registry violations among a sample of 180 registrants. Results revealed significant relationships between demographic indicators (age, years registered, education), social and psychological collateral consequences, overall recidivism, and sexual recidivism and violations. Results of the hierarchical logistic regressions indicated that neither social nor psychological collateral consequences significantly improved model fit for overall recidivism or sexual recidivism. Social collateral consequences, however, predicted an individual's likelihood to accrue probation, parole, or registry violations post-offence. Practical implications are discussed within the context of building an empirical basis for the potential contributory effects of the registry on recidivism, via collateral consequences. Implications of the current study are three-fold. First, this study contributes empirical evidence regarding the relationship between collateral consequences and reoffending among individuals registered for a sexual offence, which thus far has been limited to theoretical discussions and peripheral examinations. Second, this study employs a recently-developed measure of collateral consequences for use in future research to further elucidate the links between collateral consequences and important criminogenic outcomes. Third, results from this study add credence to arguments for registry reform as this topic continues to gain momentum in the public eye. [ABSTRACT FROM AUTHOR]

Amid the growing recognition of the limits of excessive criminal punishment, scholars have begun to assess public support for restrictive and punitive laws and other collateral consequences of a criminal conviction. Building on this work, we analyze data from an original survey of U.S. residents (N = 1,002) to assess support for 23 specific social, legal, and health consequences across 11 life domains, many of which hold important implications for desistance and life-course criminology. Descriptive analyses reveal that support for specific consequences and prohibitions varies greatly, yet it generally follows a similar pattern across conviction types. General linear regression models indicate that those who perceive society as more just, hold more punitive outlooks, and perceive a higher risk of crime victimization are more supportive of social and legal consequences. We discuss the findings' implications for policy and practice within a society that may be in the beginning stages of a correctional turning point. [ABSTRACT FROM AUTHOR]

Objectives: Traumatic brain injury (TBI) is differentially concentrated within incarcerated populations. Despite the consistency of this observation, the timing of within-individual changes in criminal justice contact in relation to TBI remains under-investigated. For example, previous studies have primarily considered TBI as a causal influence of later criminal justice contact. However, TBI may also serve as a consequence of criminal justice contact or a criminogenic lifestyle. The current study simultaneously observes both possibilities by examining criminal justice contact before, around the time of, and after the first reported TBI. Methods: Drawing from a combination of self-report and lifetime official record data from a jail cohort admitted between February 2017 and September 2017 and who sustained their first reported TBI at age 21 or older (N = 531), the current study examines jail admissions in the 24 months before and 24 months after the first reported TBI and across eight biannual intervals (N = 4,248 person-periods). Results: Any and misdemeanor admissions slightly increased pre-TBI and continued to increase around the time of and following TBI, never returning to pre-TBI levels. Felony admissions remained stable around the time of injury and increased post-TBI. Further analyses that incorporated a comparison group revealed that these patterns are unique to the TBI group and not a result of a larger systematic process. Conclusions: These findings indicate that the probability of jail admission is greatest post-TBI, but also increases leading up to sustaining a TBI. [ABSTRACT FROM AUTHOR]

Transitioning from prison to the community can pose significant hardships as returning individuals seek to support themselves while searching for work and housing. Temporary Assistance for Needy Families (TANF) is one potential service that can help ease this transition, however, in numerous states TANF is not available to many former offenders. We conduct a fixed effects analysis on laws banning TANF assistance and state rates of unsuccessful parole completion between 1994 and 2016. We find that states that imposed restrictions on TANF saw an increase in state rates of unsuccessful parole completion. Furthermore, we find no significant difference between full bans and partial bans of TANF, indicating that even partial bans may undermine efforts to successfully reintegrate former offenders. [ABSTRACT FROM AUTHOR]

The significance of employment to desistance and social integration is well established, yet 62% of those subject to a Community Payback Order in Scotland are unemployed (Scottish Government, 2022). This paper reports on the findings from a small-scale survey conducted with 29 people subject to community supervision in Scotland, to shed light on the various enablers and barriers they encounter in seeking, starting and sustaining employment, and their experiences of engaging in or with employment support initiatives. [ABSTRACT FROM AUTHOR]

This article critically examines the restrictions on access to statutory compensation in Great Britain for victims of serious crime with criminal records. Drawing on original analysis of Criminal Injuries Compensation Authority transparency data it reveals the scale of the denial of victimisation as a so-called 'collateral consequence of a criminal record'. The policy is then critiqued on the basis that it reproduces the problematic social construction of the 'ideal victim', delineates people with criminal records as subaltern citizens and gives rise to harmful secondary victimisation of applicants whose criminal records are often unrelated to their victimisation event. [ABSTRACT FROM AUTHOR]

Objective: Individuals with criminal records experience numerous barriers in accessing higher education, and these barriers disproportionately impact people of color. This study examines the percentage of Master of Social Work (MSW) programs that ask applicants about prior criminal legal system involvement and how that information is used in admission practices. Method: We reviewed applications and institutional characteristics for all Council on Social Work Education-accredited MSW programs in the United States (N = 264) and followed up with program representatives regarding admission practices. Results: Sixty-four percent of MSW applications contained criminal background questions ("the box"). Institutions less likely to ask about prior criminal system involvement include minority-serving institutions (48%), institutions in urban areas (58%), and institutions located in the "Far West" (38%) and "Outlying Areas" (0%) geographic regions. Additional requirements for students disclosing a criminal history are imposed on over one third of applications, and nearly half of institutions with the box use criminal history information in admission decisions. Conclusions: The prevalence of the box on MSW applications stands in contrast to social work values by creating additional barriers to education for individuals with criminal records and contributing to racial disparities in higher education. Removing the box from MSW applications can advance profession-level initiatives to achieve smart decarceration. [ABSTRACT FROM AUTHOR]

Objective: The goal of this research was to investigate the ways in which families respond to the collateral consequences of incarceration and reentry. Background: Although scholars have extensively documented the collateral consequences of mass incarceration for individuals, far less attention has been paid to families, particularly the adult relatives of incarcerated or formerly incarcerated persons who are the primary social support agents. Method: The current study draws from 24 in‐depth, semistructured interviews with the parents, siblings, romantic partners, and other relatives of formerly incarcerated persons in an urban, mid‐sized Midwestern city. We employed a multistage qualitative analysis. Results: The analysis revealed 10 stress‐induced responses among families. These responses largely involved individuals' self‐reliance on their personal efficacy, some reflecting maladaptive responses, while having limited external or formal supports on which to rely when facing strains from familial incarceration. Implication: Findings suggest that the significant socioeconomic and psychological tax families pay when supporting a justice system–involved relative compromises their well‐being. This study has the potential to inform treatment, research, practices, and policies involving families that are affected by incarceration. [ABSTRACT FROM AUTHOR]

The National Association of Social Work Code of Ethics requires advocacy on behalf of groups experiencing oppression, and yet it can be difficult to recognize when the oppression is emanating from the profession itself. Social work has enacted numerous barriers to entry for people with criminal records, a group that disproportionately includes people who are poor, Black, disabled, and or LGBTQ+. While previous articles have examined the role of criminal records in the social work admission process, scholars have not comprehensively examined the role criminal records play throughout the career of a social worker. This article provides an overview of how records are used in higher education admissions, licensing, and employment, highlighting the limitations of criminal records as future indicators of harm. We argue that the broad use of criminal record checks not only harms marginalized individuals with records but is a disservice to clients who would benefit from the unique strengths derived from their social work training and lived experience. We conclude with future policy directions informed by abolitionist practices including non-reformist reforms that can reduce barriers to entry into the profession and build upon the strengths of people with lived experience in the criminal legal system. [ABSTRACT FROM AUTHOR]

Objectives: Disqualifying conviction lists (DCLs) bar applicants with certain convictions within specified timeframes from employment. Using proposed federal legislative changes in the aviation sector as a case study, we examine whether convictions under the existing policy are associated with subsequent arrest. Then we consider the implications of proposed expansions—arrests instead of convictions and a longer look-back window—on employment restrictions. Methods: Since DCLs exclude ineligible applicants with conviction records, we use a large, single-state sample of diverse criminal histories. We compare subsequent arrest rates across offense types, consider variations in hazard patterns, and project exclusion estimates based on current and anticipated policy reforms. Results: Only half of the disqualifying offenses have consistently higher recidivism rates than non-disqualifying offense types. Over 20 percent of the sample would be barred from employment, policy extensions double this estimate, and exclusions are age-graded, shifting a peak conviction age of 20 years old to a peak "consequence age" of 28. Conclusions: Including a narrower set of offenses would reduce those automatically disqualified in our study context by nearly 20 percent, or 39,000 individuals. Instead of expanding the DCL scope, successful criteria should be both effective in prediction and narrow in application. [ABSTRACT FROM AUTHOR]

While research suggests a growing proclivity amongst contemporary fathers towards emotional involvement and child caregiving, studies indicate that most men still experience unrelenting pressure to provide financially for their family. For some fathers, the ability to spend time with their children is contingent on financial provision. Fathering, therefore, can be dependent on employment. The intersection of Blackness, maleness, and a criminal record, however, often results in employer discrimination, which hinders reentering Black men's ability to secure legitimate revenue streams and achieve fathering expectations. In response to these barriers, many men agentically create opportunities for themselves in order to provide for their families. Framed using Sites of Resilience and Posttraumatic Growth, the current study draws from qualitative data and adds to the literature by focusing on the act of hurdling rather than the hurdles faced upon reentry. Findings demonstrate how hustling upon reentry is not a display of persistent criminal character but, rather, reflects a resilient response to systemic racism and blocked opportunities. The discussion on policy implications is led by participant suggestions on how to deter criminal activity while providing opportunities for men with criminal records to support their families. [ABSTRACT FROM AUTHOR]

Collateral consequences faced by individuals convicted of a sexual offense have been widely referenced in the literature. There is yet to be a systematic examination of collateral consequences affecting individuals, however, due to measurement inconsistencies and the absence of a psychometrically validated instrument. The current study developed and validated a measure of collateral consequences faced by individuals convicted of a sexual offense. Specifically, this study investigated (a) the underlying factor structure of collateral consequences commonly endorsed by individuals convicted of a sexual offense through Exploratory Factor Analysis (EFA) procedures and (b) reliability and validity indicators of the aforementioned scale. Participants were 218 individuals convicted of and registered for a sexual offense in the state of Texas. Study measures included a pool of 66 collateral consequences items in addition to psychological self-report instruments addressing hopelessness, shame, social well-being, and discrimination. EFA results revealed a two-dimensional construct representing collateral consequences affecting areas of social and psychological well-being. The current measure demonstrated adequate reliability and validity. Limitations and future directions of findings are addressed. [ABSTRACT FROM AUTHOR]

Objectives: Drawing on the life course and social stress perspectives, this paper examines age variation in the mental health consequences of justice system involvement by assessing arrest, conviction, or incarceration as possible age-graded stressors that amplify harm at younger ages of involvement. Methods: Individual fixed effect regression models utilizing National Longitudinal Survey of Youth (1997) data test whether age moderates the mental health impact of arrest, conviction, or incarceration. Follow-up analyses for moderated associations compute and compare age-specific relationships to identify differences in the significance and magnitude of mental health consequences for contacts spanning late adolescence, emerging adulthood, and adulthood. Results: The incarceration-mental health relationship is moderated by age, as significant harms to mental health are exclusively observed following secure confinement in late adolescence (ages 16–17) and emerging adulthood (18–24), but not in adulthood (25–33). The lack of moderation between arrest and mental health indicates a universally harmful experience at all ages. Conclusions: Evidence supports conceptualizing incarceration as an age-graded social stressor that is correlated with pronounced harm to mental health during late adolescence and emerging adulthood. Future research should identify the mechanisms of this unique stress response following earlier incarcerations and its long-term salience for processes of cumulative disadvantage. [ABSTRACT FROM AUTHOR]

Despite speculation regarding the role of collateral consequences of sexual offender policies in psychosocial and criminogenic outcomes, there has been no empirical analysis in the extant literature examining these links. Lack of conceptual underpinnings and no psychometrically valid measure of collateral consequences has limited study in this area. A systematic literature review was conducted to assess the state of measurement in terms of conceptual and operational definitions, populations sampled, domains assessed, items used, and scale properties reported. Nineteen studies met inclusion criteria. Themes emerged regarding commonly assessed collateral consequences, the misconnect between legal and psychological conceptualizations of collateral consequences, the division between external (i.e., social) and internal (i.e., affective) collateral consequences, as well as a trend toward emphasizing the psychological damages (in addition to discrete experiences of loss) associated with a sexual offense. Findings are discussed, and a unifying definition of collateral consequences is proposed to guide future scale development. [ABSTRACT FROM AUTHOR]