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SECOND CHANCE - AMNESTY FOR THE FIRST OFFENDER

NCJ Number
19159
Author(s)
A NUSSBAUM
Date Published
1974
Length
285 pages
Annotation
A DISCUSSION OF THE UNINTENDED 'HIDDEN PUNISHMENTS' INFLICTED BY SOCIETY ON THE REHABILITATED FIRST OFFENDER, WITH A REVIEW OF AMNESTY PROPOSALS AND AMNESTY PROGRAMS THAT HAVE BEEN LEGISLATIVELY ENACTED.
Abstract
THE AUTHOR REVIEWS THE MANY SECONDARY EFFECTS THAT A CRIMINAL CONVICTION MAY BRING. POSSIBLE JOB LOSSES LOSS OF MANY CIVIL RIGHTS, LOSS OF LICENSES, AND RESTRICTION OF ENTRY INTO CERTAIN PROFESSIONS ARE STATED TO BE ONLY A FEW OF THESE SECONDARY PUNISHMENTS. SEVERAL CASE HISTORIES IN WHICH A REHABILITATED FIRST OFFENDER SUFFERED UNNECESSARILY AS A RESULT OF A PAST CONVICTION ARE PRESENTED. THE AUTHOR ALSO DETAILS THE POSSIBLE CONNECTION BETWEEN RECIDIVISM AND THE SECONDARY PUNISHMENTS THAT THE FIRST OFFENDER MUST FACE. A PROGRAM IS PROPOSED IN WHICH THE FIRST OFFENDER WOULD BE ALLOWED AMNESTY AFTER THE PRECONDITION OF LAWFUL PUNISHMENT HAD BEEN FULFILLED AND AFTER COMPLETION OF A FIXED PROBATIONARY PERIOD FOLLOWING THE TERMINATION OF THE SENTENCE - FIVE YEARS FOR A FELONY, THREE YEARS FOR A MISDEMEANOR, AND ONE YEAR FOR A MINOR OFFENSE. A MODEL AMNESTY BILL IS APPENDED.