The Harms of Exclusion: A Critical Analysis of Collateral Consequences of A Criminal Conviction

• In Event: Collateral consequences, criminal records and employment

Abstract

One in every six people in England and Wales have a criminal record. However, their attempts to ‘live it down’ are often frustrated by exclusionary treatment at the hands of employers, landlords, social housing providers, educational institutions, providers of financial services and state institutions. Commonly referred to as the ‘collateral consequences of criminal conviction’, such treatment severely restricts an individual from exercising their full rights and privileges as members of the community.
This paper therefore conceptualises collateral consequences as tools of social exclusion, rendering a sizable proportion of the population unable to fully participate in some of the most basic elements of social life. They result in a substantial and, in some instances, permanent change in the legal and social status of those convicted of crime, perpetuating the distinction between ‘offender’ and ‘non-offender’, ‘included’ and ‘excluded’, long into an individual’s post-sentence life.
Despite being applied with a broad brush, with little consideration of the connection between the offence committed and the restriction imposed, the narrative surrounding collateral consequences is often framed in terms of harm prevention. However, through the adoption of a social harm perspective, this assertion is challenged and, instead, a reconceptualisation of collateral consequences, not as harm reduction, but as harm production devices is presented.
This paper therefore presents a critical examination of the collateral consequences stemming from criminal convictions, shedding light on the multifaceted harms of exclusion that permeate individuals' lives long after they have served their sentences. Findings from semi-structured interviews with approximately 15 individuals with a criminal record in England and Wales will be presented. Furthermore, this analysis critically evaluates existing and proposed legal frameworks and policy interventions aimed at mitigating the collateral consequences of criminal convictions.

Author

• Amy Gwen Sage, University of Bristol