Two Criminal Justice Systems
Criminal records generate profound consequences for individuals, such as decreased employment opportunities, reduced access to housing, international travel restrictions, and more.
In a recently published article, I argue that individuals with criminal records are subject to worse treatment throughout various stages of the criminal justice process: policing, bail and plea-bargaining, trials, and sentencing. This differential treatment is so stark that it is as if there are two criminal justice systems: one for individuals with a criminal record, and one for individuals without one.
The article is entitled “Two Criminal Justice Systems” and it is published in the UBC Law Review.
Parts of this article focus on the compounded disadvantages associated with criminal records during the pre-trial, trial, and post-trial stage. Other parts of the article explore how courts develop rules that largely overlook empirical studies on the prejudicial effect of criminal records.
All views expressed in this blog are my own and do not represent — and are not endorsed by — any academic institution.
