DOCSLIB.ORG

Know Your Rights If You Are Not a United States Citizen and You Are

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Know Your Rights If You Are Not a United States Citizen and You Are If you are arrested for a criminal charge, remember the following rights: I Am Not a U.S. Citizen and Right to Remain Silent Right to Advice from Your Attorney I Have a Criminal Conviction – • You have the right to remain silent about the Regarding any Clear Consequences facts of your criminal case when speaking with Your Criminal Case Could Have on Your What Can I Do? the police or other law enforcement and you Immigration Status must claim the right by saying that you are • If you entered a guilty plea, or agreed exercising your right to remain silent. • Your attorney has a duty to work to negotiate to deferred adjudication, without a plea that will have the best outcome for You have the right to remain silent if interviewed understanding the potential immigration • you – this means that if you are worried about by immigration officials. consequences of your plea, you may be potential immigration consequences, your able to get help in criminal court. • You have the right to remain silent about your attorney must try to negotiate a plea that citizenship status – you do not need to reveal minimizes possible immigration consequences. • In 2010, in Padilla v. Kentucky, the Supreme which country you were born in. Court held that criminal defense attorneys • Your attorney must inform you of any clear must tell their clients of any clear In Texas, you are required to identify yourself • immigration consequences of any plea deal you immigration consequences of a potential and the refusal to provide a law enforcement consider on your criminal charge. plea agreement. This holding generally officer with your accurate name, residence applies only to those pleas entered after address, and/or date of birth can lead to a Right to Call/Contact Your Consulate this court decision, though some states misdemeanor criminal charge. If you are not a U.S. citizen, you have the right to (other than Texas) have applied it to cases If you give law enforcement a fake name or • • call your consulate or have the police inform your resolved before the decision. address or if you lie about your citizenship status, consulate of your arrest. that can lead to additional criminal charges. • If you think that you did not receive appropriate advice from your criminal defense attorney about the immigration Right to an Attorney consequences of a plea agreement, you • You have the right to an attorney to represent should contact an attorney who specializes you in your criminal case if your charge may be in criminal and immigration law for more punished with jail time. information about whether you can help. • You have the right to speak to an attorney • If you want to file a grievance against before you answer any questions or sign any your attorney because you think that your documents. attorney failed to fully advise you about the impact of a plea on your immigration • Your right to an attorney is not affected by your citizenship status. status or advocate for an outcome that would minimize the impact of a conviction • If you cannot afford to hire an attorney, you have on your immigration status, you can the right to an attorney appointed by the court. call the State Bar of Texas’s Grievance • You can request an attorney when you appear in Information Helpline at 1-800-932-1900 front of the magistrate or at anytime after that. for more information about the grievance process. Know Your Rights Right to Confidentiality in Your Conversations with Your Attorney Research for this brochure included materials produced by the Defending Immigrants if You Are Not a EVERYTHING you discuss with your attorney is Partnership, Immigrant Defense Project, the CONFIDENTIAL – your attorney cannot disclose Immigrant Legal Resource Center, Immigration United States Citizen what you tell him/her without your permission Equality, The Legal Aid Society of New York, and unless you tell your attorney you are planning to the Texas Civil Rights Project. harm someone or commit a crime. and You Are Arrested Support for this brochure was provided by the Austin Bar Foundation and the Litigation for a Criminal Charge • Your right to an attorney is not affected Section of the Texas State Bar. by your citizenship status. What Should I Discuss with My Can I Avoid ICE Picking Me up if I Have If ICE Takes Me into Immigration • Smuggling and human trafficking; Criminal Defense Attorney? an ICE Hold? Custody, Can I Post an Immigration • Arson; Kidnapping; Bond? • • Immigration Status – make sure your attorney • If you are able to post bond before you are • Sex offenses, including rape and sexual abuse; understands your immigration status; detained at the jail, you may avoid law Enforce- • Some individuals are eligible for bond in • Prostitution business; • ANY and ALL Prior Criminal Convictions and ment communicating your information to ICE. immigration court. You should speak with your • Crimes related to campaign bribery; Arrests – tell your attorney about all felony, • You have the right to refuse to speak to immigration attorney about your eligibility for an • Crimes related to the obstruction of justice, misdemeanor, and municipal cases, as well as immigration officials and to request your immigration bond. ICE will first make a decision perjury, suborning perjury, or bribing witnesses; the outcomes of the cases (including lengths of attorney be present at any conversation you about whether to hold someone in custody and • Malicious destruction of property; imprisonment, lengths of probation, amounts of have with immigration officials. then make a decision about bond. • Criminal possession of stolen property; Failure to appear to serve a sentence after restitution, and information about diversion or • Though the minimum immigration bond is • deferred prosecutions); Should I Pay a Criminal Bond? $1,500, immigration bond is usually set much conviction; Failure to appear in court on a felony charge Prior Deportations – tell your attorney whether higher than that. If you do have a bond set in • • A criminal bond is your promise to appear with a sentence of two or more years; and you have ever appeared before an immigration • your immigration case, you must pay the full in court on your criminal charges if you are Apprehension at the border or an airport judge, as well as whether you signed any removal amount of the bond to gain release, rather • released from jail. trying to enter illegally. orders or if you agreed to anything else, such as than a percentage as you can for criminal bond. a voluntary return; • If the court sets a criminal bond, you can choose Payment of your bond is your promise to appear to pay a percentage of the bond (usually 10%) in immigration court for any hearings, as well as What Are the Immigration Family Ties – tell your attorney about your family • through a bonding company to secure your your promise to leave the country at the end of Consequences if I Get a Criminal ties in the U.S. and your country of origin; and release from jail while your charges are pending. If your immigration case if you lose. Conviction? Concerns and Priorities – think about what your you post bond and are released, you must appear • People who are not eligible for an immigration priorities are and discuss them with your attorney for any court date in your case or you will forfeit • • Any consequences of a conviction are bond remain detained until their immigration – are you more concerned about jail in the U.S. or the money you paid towards your bond, your PERMANENT; they will never expire. case is resolved. are you more concerned about your immigration bond will be revoked and you can go back to jail. • The consequences vary depending on the You will likely not be eligible for an immigration status? What else are you worried about? If you are not a U.S. citizen, you should think • particular offense and its circumstances, as well • bond if you were convicted of certain criminal as the sentence. Your attorney must analyze very carefully before posting a criminal bond. offenses and sentenced to jail after October 8, What Is an ICE Detainer and What Speak to your criminal defense attorney and an your case individually to determine the likely 1998. The types of convictions that can make you consequences. Does It Mean if I Have an ICE Detainer immigration attorney about your concerns. ineligible for an immigration bond include, but Any disposition aside from a not guilty finding or Hold? If the judge sets a bond for your criminal charge are not limited to: • • may lead to immigration consequences, and ICE has placed a detainer or hold on you, as An ICE detainer or hold is a request from • Theft, fraud, burglary; including convictions (as defined by immigration • soon as you pay that bond and can be released Immigration and Customs Enforcement (“ICE”) • Drug offenses, including drug trafficking; law), vacated pleas or convictions, violations from jail, ICE could take you into immigration to law enforcement to hold a person on behalf • Firearm offenses, including firearms or other dispositions that are not necessarily custody. of ICE for up to 48 hours after law enforcement trafficking; considered criminal, even admissions to conduct, could otherwise release you. ICE holds are NOT • Just because you are eligible for a bond in your • Crimes of violence with a penalty of more than without a conviction, which may be admitted to automatic and you should ask your attorney to criminal case does not mean that you will be one year, including charges of family violence; receive deferred adjudication or probation. eligible for a bond in immigration court.
Load more

Recommended publications
  • The “Radical” Notion of the Presumption of Innocence
    EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY THE “RADICAL” MAY 2020 Tracey Meares, NOTION OF THE Justice Collaboratory, Yale University Arthur Rizer, PRESUMPTION R Street Institute OF INNOCENCE The Square One Project aims to incubate new thinking on our response to crime, promote more effective strategies, and contribute to a new narrative of justice in America. Learn more about the Square One Project at squareonejustice.org The Executive Session was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce over-incarceration by changing the way America thinks about and uses jails. 04 08 14 INTRODUCTION THE CURRENT STATE OF WHY DOES THE PRETRIAL DETENTION PRESUMPTION OF INNOCENCE MATTER? 18 24 29 THE IMPACT OF WHEN IS PRETRIAL WHERE DO WE GO FROM PRETRIAL DETENTION DETENTION HERE? ALTERNATIVES APPROPRIATE? TO AND SAFEGUARDS AROUND PRETRIAL DETENTION 33 35 37 CONCLUSION ENDNOTES REFERENCES 41 41 42 ACKNOWLEDGEMENTS AUTHOR NOTE MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 04 THE ‘RADICAL’ NOTION OF THE PRESUMPTION OF INNOCENCE “It was the smell of [] death, it was the death of a person’s hope, it was the death of a person’s ability to live the American dream.” That is how Dr. Nneka Jones Tapia described the Cook County Jail where she served as the institution’s warden (from May 2015 to March 2018). This is where we must begin. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 05 THE ‘RADICAL’ NOTION OF THE PRESUMPTION OF INNOCENCE Any discussion of pretrial detention must Let’s not forget that Kalief Browder spent acknowledge that we subject citizens— three years of his life in Rikers, held on presumed innocent of the crimes with probable cause that he had stolen a backpack which they are charged—to something containing money, a credit card, and an iPod that resembles death.
    [Show full text]
  • Real Offense Sentencing: the Model Sentencing and Corrections Act
    Journal of Criminal Law and Criminology Volume 72 Article 19 Issue 4 Winter Winter 1981 Real Offense Sentencing: The oM del Sentencing and Corrections Act Michael H. Tonry Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Michael H. Tonry, Real Offense Sentencing: The odeM l Sentencing and Corrections Act, 72 J. Crim. L. & Criminology 1550 (1981) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/81/7204-1550 THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 72, No. 4 Copyright © 1981 by Northwestern University School of Law Wzntedin US.A. REAL OFFENSE SENTENCING: THE MODEL SENTENCING AND CORRECTIONS ACT MICHAEL H. TONRY* The Uniform Law Commissioners recently adopted a Model Sen- tencing and Corrections Act.' It provides for the creation of a sentenc- ing commission that would promulgate guidelines for sentencing. In the ordinary case, the judge would be expected to impose the sentence indi- cated by the applicable guideline. Defendants would be entitled to ap- peal the sentence imposed. To forestall or frustrate prosecutorial manipulation of the guidelines by means of charge dismissals and plea bargains, the Model Act separates sanctions from the substantive crimi- nal law by directing the probation officer, the judge, and any appellate court to base sentencing considerations not on the offense of conviction but on the defendant's "actual offense behavior." In this respect, and in several others, the Model Sentencing Act is a perplexing document.
    [Show full text]
  • A Guide to Mental Illness and the Criminal Justice System
    A GUIDE TO MENTAL ILLNESS AND THE CRIMINAL JUSTICE SYSTEM A SYSTEMS GUIDE FOR FAMILIES AND CONSUMERS National Alliance on Mental Illness Department of Policy and Legal Affairs 2107 Wilson Blvd., Suite 300 Arlington, VA 22201 Helpline: 800-950-NAMI NAMI – Guide to Mental Illness and the Criminal Justice System FOREWORD Tragically, jails and prisons are emerging as the "psychiatric hospitals" of the 1990s. A sample of 1400 NAMI families surveyed in 1991 revealed that 40 percent of family members with severe mental illness had been arrested one or more times. Other national studies reveal that approximately 8 percent of all jail and prison inmates suffer from severe mental illnesses such as schizophrenia or bipolar disorders. These statistics are a direct reflection of the failure of public mental health systems to provide appropriate care and treatment to individuals with severe mental illnesses. These horrifying statistics point directly to the need of NAMI families and consumers to develop greater familiarity with the workings of their local criminal justice systems. Key personnel in these systems, such as police officers, prosecutors, public defenders and jail employees may have limited knowledge about severe mental illness and the needs of those who suffer from these illnesses. Moreover, the procedures, terminology and practices which characterize the criminal justice system are likely to be bewildering for consumers and family members alike. This guide is intended to serve as an aid for those people thrust into interaction with local criminal justice systems. Since criminal procedures are complicated and often differ from state to state, readers are urged to consult the laws and procedures of their states and localities.
    [Show full text]
  • Criminal Procedure Code of the Republic of Armenia
    (not official copy) CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF ARMENIA GENERAL PART Section One : GENERAL PROVISIONS CHAPTER 1. LEGISLATION ON CRIMINAL PROCEDURE Article 1. Legislation Governing Criminal Proceedings Article 2. Objectives of the Criminal-Procedure Legislation Article 3. Territory of Effect of the Criminal-procedure Law Article 4. Effect of the Criminal-Procedure Law in the Course of Time Article 5. Peculiarities in the Effect of the Criminal-Procedure Law Article 6. Definitions of the Basic Notions Used in the Criminal-procedure Code CHAPTER 2. PRINCIPLES OF CRIMINAL PROCEEDINGS Article 7. Legitimacy Article 8. Equality of All Before the Law Article 9. Respect for the Rights, Freedoms and Dignity of an Individual Article 10. Ensuring the Right to Legal Assistance Article 11. Immunity of Person Article 12. Immunity of Residence Article 13. Security of Property Article 14. Confidentiality of Correspondence, Telephone Conversations, Mail, Telegraph and Other Communications Article 15. Language of Criminal Proceedings Article 16. Public Trial Article 17. Fair Trial Article 18. Presumption of Innocence Article 19. The Right to Defense of the Suspect and the Accused and Guarantees for this Right Article 20. Privilege Against Self-Incrimination (not official copy) Article 21. Inadmissibility of Repeated Conviction and Criminal Prosecution for the Same Crime Article 22. Rehabilitation of the Rights of the Persons who suffered from Judicial Mistakes Article 23. Adversarial System of Criminal Proceedings Article 24. Administration of Justice Exclusively by the Court Article 25. Independent Assessment of Evidence CHAPTER 3. CONDUCT OF CRIMINAL CASE Article 26. Conduct of Criminal Case Article 27. The Obligation to institute a criminal case and resolution of the crime Article 28.
    [Show full text]
  • Choctaw Nation Criminal Code
    Choctaw Nation Criminal Code Table of Contents Part I. In General ........................................................................................................................ 38 Chapter 1. Preliminary Provisions ............................................................................................ 38 Section 1. Title of code ............................................................................................................. 38 Section 2. Criminal acts are only those prescribed ................................................................... 38 Section 3. Crime and public offense defined ............................................................................ 38 Section 4. Crimes classified ...................................................................................................... 38 Section 5. Felony defined .......................................................................................................... 39 Section 6. Misdemeanor defined ............................................................................................... 39 Section 7. Objects of criminal code .......................................................................................... 39 Section 8. Conviction must precede punishment ...................................................................... 39 Section 9. Punishment of felonies ............................................................................................. 39 Section 10. Punishment of misdemeanor .................................................................................
    [Show full text]
  • The Principle of the Presumption of Innocence and Its Challenges in the Ethiopian Criminal Process
    THE PRINCIPLE OF THE PRESUMPTION OF INNOCENCE AND ITS CHALLENGES IN THE ETHIOPIAN CRIMINAL PROCESS Simeneh Kiros Assefa, Esq. ♣ Abstract The administration of the criminal justice system tries to strike a balance between the search for truth and the fairness of the process. To this end, the law should protect individual rights and impose various legal burdens on the state. One such tool is the principle of the presumption of innocence until proven guilty . This is a constitutional principle under Ethiopian law and requires the public prosecutor to prove each element constituting the crime which, as argued in this article, should be proved beyond reasonable doubt. However, this principle is being violated by various subsidiary laws, procedures and practices. First, there are various provisions in the criminal law that limit (or arguably disregard) this constitutional principle. Such criminal law provisions assume as proved the existence of some of the elements of certain crimes without requiring the public prosecutor to submit evidence. Second, the Criminal Justice Administration Policy adopted in 2011 contemplates shifting the burden of proof to the defendant in selected serious crimes. Third, the courts also wrongly shift burden of proof to the accused regarding certain facts in various court decisions. These laws and judicial practices deprive the accused of the right to be presumed innocent until proven guilty. This article, inter alia , examines the constitutionality of such shifting of the burden of proof and also analyzes the standards of proof that are required in criminal cases in the Ethiopian context. Key words Presumption of innocence, burden of proof, criminal process, criminal justice, confessions, Ethiopia DOI http://dx.doi.org/10.4314/mlr.v6i2.4 ______________ Introduction The state has the primary responsibility of detection, apprehension, prosecution and conviction of offenders.
    [Show full text]
  • Removal Defense Checklist in Criminal Charge Cases
    Removal Defense Checklist APPENDIX in Criminal Charge Cases K (Updated as of 1/31/11) by Manuel D. Vargas* This checklist summarizes defensive legal arguments and strategies that non citizens and their legal representatives may pursue in removal proceedings involving crime-related charges. Some contrary authority is in brackets. The check- list is by no means exhaustive. It is designed as a starting point for others to develop additional arguments and strat- egies. Some of the listed arguments and strategies may require going into federal court and may raise complicated federal court jurisdictional issues. For further guidance, contact the Immigrant Defense Project (IDP) at 212-725- 6422. For checklist updates, visit the IDP website at www.immigrantdefenseproject.org. The IDP is a legal resource and training center that defends the legal, constitutional and human rights of immigrants facing criminal or deportation charges. Founded to respond to the devastating 1996 immigration law “reforms” that placed thousands of immigrants at risk of mandatory detention and deportation for virtually any interaction with the criminal justice system, IDP develops enhanced knowledge among criminal justice advocates, immigrant advocates and immigrants themselves on how to defend against unjust immigration consequences of criminal dispositions; supports community-based advocacy against the harsh laws and policies; and, supports litigation challenging these laws and policies, through technical assistance, recruitment of pro bono counsel, and amicus submissions
    [Show full text]
  • The Right of Silence, the Presumption of Innocence, the Burden of Proof, and a Modest Proposal: a Reply to O'reilly Barton L
    Journal of Criminal Law and Criminology Volume 86 Article 10 Issue 2 Winter Winter 1996 The Right of Silence, the Presumption of Innocence, the Burden of Proof, and a Modest Proposal: A Reply to O'Reilly Barton L. Ingraham Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Barton L. Ingraham, The Right of Silence, the Presumption of Innocence, the Burden of Proof, and a Modest Proposal: A Reply to O'Reilly, 86 J. Crim. L. & Criminology 559 (1995-1996) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/96/8602-0559 THE JOURL'4AL OF CRIMINAL LkW & CRIMINOLOGY Vol. 86, No. 2 Copyright @ 1996 by Northwestern University, School of Law Pntkd in U.S.A. ESSAY THE RIGHT OF SILENCE, TLE PRESUMPTION OF INNOCENCE, THE BURDEN OF PROOF, AND A MODEST PROPOSAL: A REPLY TO O'REILLY BARTON L. INGRAHAM* I. INTRODUCTION In the Fall 1994 issue of this Journal appeared an article by Greg- ory O'Reilly' commenting upon a recent amendment of English crim- inal procedure which allows judges and juries to consider as evidence of guilt both a suspect's failure to answer police questions during in- terrogation and a defendant's failure to testify at his criminal trial
    [Show full text]
  • CH 29 Indictments, Information, Complaints
    INDICTMENTS, INFORMATIONS, COMPLAINTS ........................................... 1 §29-1 Manner of Charging – Discretion in Bringing Charges ................................ 1 §29-2 Grand Jury Proceedings ...................................................................................... 9 §29-3 Dismissal of Charges ........................................................................................... 18 §29-4 Sufficiency of Charge .......................................................................................... 25 §29-4(a) Generally .................................................................................................... 25 §29-4(b) In Charging Offense (Also See Substantive Offense) ....................... 35 §29-5 Amendment of ....................................................................................................... 44 §29-6 Statute of Limitations ......................................................................................... 48 i INDICTMENTS, INFORMATIONS, COMPLAINTS §29-1 Manner of Charging – Discretion in Bringing Charges United States Supreme Court U.S. v. Armstrong, 517 U.S. 456, 116 S.Ct. 1480, 134 L.Ed.2d 687 (1996) Defendants were charged with conspiring to possess crack cocaine with intent to distribute. They alleged that they had been selected for prosecution on the basis of their race and presented an affidavit showing that African-American defendants had been involved in all twenty-four prosecutions for this offense handled in 1991 by the Federal Public Defender's Office
    [Show full text]
  • The Presumption of Innocence and Its Role in the Criminal Process
    Criminal Law Forum (2016) 27:131–158 Ó The Author(s). This article is published with open access at Springerlink.com 2016 DOI 10.1007/s10609-016-9281-8 PAMELA R. FERGUSON* THE PRESUMPTION OF INNOCENCE AND ITS ROLE IN THE CRIMINAL PROCESS ABSTRACT. Many international instruments proclaim that those who face crimi- nal prosecution ought to be afforded a ‘presumption of innocence’, and the impor- tance and central role of this presumption is recognized by legal systems throughout the world. There is, however, little agreement about its meaning and extent of application. This article considers the purposes of legal presumptions in general and explores various, sometimes contradictory, conceptions of this most famous one. It is equated by many scholars to the requirement that the prosecution prove guilt beyond a reasonable doubt. As such, it is merely a rule of evidence (albeit an important one), with no application pre- or post-trial. The article advocates adoption of a broader, normative approach, namely that the presumption reflects the relationship which ought to exist between citizen and State when a citizen is suspected of breaching the criminal law. As such, it should be promoted as a practical attitude to be adopted by the key protagonists in the justice system, for the duration of the criminal process. I INTRODUCTION In August 2014 the Mayor of London suggested that UK criminal law be amended to deal with the dangers posed by the jihadist group ‘Islamic State’ (ISIS). In relation to British citizens who travel to certain ‘war areas’ such as Syria and Iraq: ‘The law needs a swift and minor change so that there is a ‘‘rebuttable presumption’’ that all those visiting war areas without notifying the [UK] authorities have done so for a terrorist purpose.’1 In response to such calls for a ‘presumption of guilt’, recourse is often had to the rhetoric of the ‘presumption of innocence’, yet there is rarely any attempt to artic- ulate what this means, or why such a presumption should operate * Professor of Scots Law at University of Dundee, Scotland, UK.
    [Show full text]
  • Police Criminal Charging Decisions: an Examination of Post-Arrest Decision-Making Scott .W Phillips Buffalo State College
    CORE Metadata, citation and similar papers at core.ac.uk Provided by DOCS@RWU Roger Williams University DOCS@RWU School of Justice Studies Faculty Papers School of Justice Studies 1-1-2008 Police Criminal Charging Decisions: An Examination of Post-Arrest Decision-Making Scott .W Phillips Buffalo State College Sean P. Varano Roger Williams University, [email protected] Follow this and additional works at: http://docs.rwu.edu/sjs_fp Part of the Criminology and Criminal Justice Commons, and the Legal Theory Commons Recommended Citation Phillips, Scott nda Sean P. Varano. 2008. "Police criminal charging decision: An examination of post-arrest decision-making." Journal of Criminal Justice 36(4),: 307-315. This Article is brought to you for free and open access by the School of Justice Studies at DOCS@RWU. It has been accepted for inclusion in School of Justice Studies Faculty Papers by an authorized administrator of DOCS@RWU. For more information, please contact [email protected]. Journal of Criminal Justice 36 (2008) 307–315 Contents lists available at ScienceDirect Journal of Criminal Justice Police criminal charging decisions: An examination of post-arrest decision-making Scott W. Phillips a,⁎, Sean P. Varano b a Department of Criminal Justice, Buffalo State College, 1300 Elmwood Avenue, Buffalo, NY 14222 b College of Criminal Justice, Northeastern University, Boston, MA 02115 ARTICLE INFO ABSTRACT Scholars have encouraged studies of police decision-making to move beyond the arrest decision into research that broadens the understanding of police behavior. The criminal charge placed by officers against offenders is largely an untouched area of study. Examining criminal charging decisions goes beyond simple dichotomous decisions, such as arrest, but instead explores the area of police leniency or punitiveness.
    [Show full text]
  • Holistic Is Not a Bad Word: a Criminal Defense Attorney's Guide to Using
    HOLISTIC IS NOT A BAD WORD: A CRIMINAL DEFENSE ATTORNEY’S GUIDE TO USING INVISIBLE PUNISHMENTS AS AN ADVOCACY STRATEGY McGregor Smyth* “Every saint has a past and every sinner a future.” —Oscar Wilde INTRODUCTION HE legal disabilities and social exclusion resulting from any adverse Tencounter with the criminal justice system erect nearly insurmountable barriers for criminal defendants, people with criminal records, those returning to their communities after incarceration, and their families.1 Recent scholarship has highlighted the draconian effects of these invisible punishments2 and has argued that criminal defense attorneys should expand their practice to include defending *. Civil Action Project Director, The Bronx Defenders. My thanks to Robin Steinberg, without whose vision, resolve, and commitment this work would not be possible. I am also grateful to Annah Boyer, Deborah J. Cantrell, Margaret Colgate Love, Peter Markowitz, Michael Pinard, and Andy Williams, who provided excellent advice on various drafts. 1. Out of respect for our client communities and recognizing the power of language, this article will endeavor to avoid the use of labels such as “ex-offender,” “ex-prisoner,” and “felon.” In the words of the NuLeadership Policy Group, a network of justice reform leaders who were previously incarcerated: In an effort to assist our transition from prison to our communities as responsible citizens and to create a more positive human image of ourselves, we are asking everyone to stop using these negative terms and to simply refer to us as PEOPLE. PEOPLE currently or formerly incarcerated, PEOPLE on parole, PEOPLE recently released from prison, PEOPLE in prison, PEOPLE with criminal convictions, but PEOPLE.
    [Show full text]