Starting Over With a Clean Slate: In Praise of a Forgotten Section of the Model Penal Code
model penal code, reintegration, forgiveness, post incarceration, collateral consequences, sentencing, stigma of conviction, ABA Standards on Collateral Sanctions and Discretionary Disqualification of Convicted Persons
Convicted felons have no realistic hope of full reintegration into society when jurisdictions do not provide for eventual removal of collateral penalties and when relief mechanisms are insufficient or ineffective. Because Americans are uncomfortable with such an unforgiving system and states are considering the economic burdens of such a system, jurisdictions should take steps to limit the scope and duration of these collateral consequences. This Article proposes a legal framework aimed to fully reintegrate an offender into society post incarceration. It urges a return to the reforms of the 1960s and 70s, the ABA Standards on Collateral Sanctions, and Section 306.6 of the Model Penal Code. The scheme, which would be employed at sentencing, provides the offender with incentives and rewards for rehabilitation while satisfying the community's need for a ritual of reconciliation. The Author argues that this standard creates a genuine possibility for an offender to fulfill the sentence and start over with a clean slate.
Margaret Colgate Love,
Starting Over With a Clean Slate: In Praise of a Forgotten Section of the Model Penal Code,
30 Fordham Urb. L.J. 1705
Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss5/8