NCJ Number
222809
Date Published
2002
Length
25 pages
Annotation
This chapter discusses policy issues regarding sanctions imposed on convicted felons that are rarely brought into public view or even made clear to defendants ("invisible punishment"), i.e., punishment through the diminishment of the rights and privileges of citizenship and, for some offenders, their legal residency in the United States.
Abstract
These "invisible punishments" occur outside of traditional sentencing imposed by a judge with reference to a specific crime, and they are rarely mentioned in plea negotiations. They become known to the offender only when he/she attempts to develop a normative, responsible life in the community even after the court's imposed sentence has been completed. These "invisible punishments" are present in a variety of laws passed by Federal and State legislators. Under these laws, offenders can be denied public housing; welfare benefits; the mobility necessary to access jobs that require driving; and in the case of deportation, the opportunity to become an American citizen. Many of these laws are strictly punitive, in that they carry no rehabilitative value. In fact, they impose barriers to rehabilitation by limiting an ex-offender's opportunities for employment, education, housing, and a normative family life. This chapter argues that these punishments must be made visible as critical elements of the sentencing statutes of States and the Federal Government. Judges must inform defendants that these consequences attach to a finding of guilt or a plea of guilty. Further, they must become part of the public debate on the purpose and consequences of sentencing. The effects of diminishing the rights of citizenship for offenders must be subjected to rigorous research and evaluation as a foundation for reforms in "invisible punishments." This chapter concludes with specific suggestions for ways to constrain legislative efforts to diminish offenders' rights and privileges as citizens.