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Wrongful Collateral Consequences

Abigail E. Horn, The George Washington Law Review

(April 2019)
Wrongful Collateral Consequences Cover

Citing recent intense focus on collateral consequences, this article's author argues that it is surprising that scholars have overlooked another significant feature of collateral consequences: the extent to which they are imposed wrongfully. This article, according to the author, fills this gap by exposing the problem of wrongful collateral consequences—collateral consequences imposed erroneously and in clear violation of the law.

Part I of the article exposes and defines wrongful collateral consequences. Part II explains how impoverished criminal-records data produces wrongful collateral consequences. Part III demonstrates how complex enacting laws—catchall clauses and complex duration clauses—produce wrongful collateral consequences. Part IV examines potential reforms and their limitations.

Resource Type
Reports and Briefs