Life Sentences and Minor Offenses: Benchmarking, Recalibration, and the Culture of Collateral Consequence Reform
David McElhattan
What the paper says
The collateral consequences of justice involvement have become the subject of much reform activity in recent years. Drawing from a sample of 284 news articles, the present study uses content analysis methods to identify and examine the dominant frames that characterize collateral consequences in public discourse as a problematic feature of criminal justice policy and practice. The analysis finds that reform discourse draws primarily on a formal penal benchmark of gross disproportionality, which highlights the extreme disconnect between minor direct punishments for low‐level offenses and the long‐term collateral barriers that a person faces because of their criminal record. Gross disproportionality corresponds to a vision of reform that seeks to recalibrate collateral consequences according to the structure of direct punishment, an approach that may render collateral consequences more formally penal as a result of the reform process itself.
1 citation
Evidence weight
Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40
| F · citation impact | 0.16 × 0.4 = 0.06 |
| M · momentum | 0.53 × 0.15 = 0.08 |
| V · venue signal | 0.50 × 0.05 = 0.03 |
| R · text relevance † | 0.50 × 0.4 = 0.20 |
† Text relevance is estimated at 0.50 on the detail page — for your query’s actual relevance score, open this paper from a search result.