Life Sentences and Minor Offenses: Benchmarking, Recalibration, and the Culture of Collateral Consequence Reform
David McElhattan
Abstract
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.