The Reason Foundation recently published an insightful commentary examining one of the most under-discussed failures of the criminal legal system: collateral consequences.
Penned by Senior Fellow Hanna Liebman Dershowitz, Collateral Consequences in Criminal Cases Function as Invisible, Perpetual Punishments lays out a reality many people only discover after a conviction, often years later.
Yet they often shape the rest of a person’s life more than jail time ever did.
What Are Collateral Consequences?
Collateral consequences are legal and regulatory penalties that automatically attach to a criminal conviction—sometimes even to arrests or dismissed cases.
They function as permanent barriers to basic participation in society, including:
- Securing stable housing
- Finding or keeping employment
- Obtaining professional or occupational licenses
- Accessing higher education and student loans
- Receiving public benefits
- Exercising civic rights, including voting
These consequences are not imposed by juries and not weighed by judges. Instead, they are triggered silently, often without notice.
As Dershowitz explains, this system does not enhance public safety. It undermines it.
Invisible Punishments, Real Harm
Collateral consequences don’t just punish individuals; they destabilize entire communities. When people are locked out of work, housing, education, and civic life, the system:
- Increases economic insecurity
- Encourages recidivism rather than recovery
- Breaks family stability
- Keeps people trapped in cycles of poverty
These are not at all side effects; they are fully predictable outcomes.
And they are especially devastating because they are never meaningfully discussed at sentencing; not by prosecutors, not by judges, and often not even by defense counsel.
People leave court believing their punishment is over, only to discover that the real consequences are just beginning.
When “Justice” Reaches Into Everyday Life
Some of the harshest collateral consequences don’t even look like punishment at first glance. Parents may be:
- Barred from volunteering at their child’s school
- Disqualified from coaching or chaperoning activities
Families may be:
- Denied housing assistance
- Blocked from public benefits during periods of need
Students may be:
- Unable to access federal loans
- Shut out of educational pathways that would reduce reoffending
None of this is framed as punishment, but all of it functions exactly like one.
A Hidden Violation of Double Jeopardy
The legal principle of double jeopardy holds that a person cannot be punished twice for the same offense. But wouldn’t you know it, collateral consequences operate as a workaround for that.
They impose ongoing penalties long after a sentence is complete, without new charges, hearings, or opportunities for review. In practice, they function as a form of secondary prosecution, one that is permanent, bureaucratic, and largely invisible.
It’s essentially punishment without end.
Why This Makes Us Less Safe
Dershowitz’s central argument is clear: collateral consequences do not protect communities.
Rather, they:
- Block reintegration
- Discourage stability
- Increase desperation
- Undermine rehabilitation
A system that prevents people from rebuilding their lives is not tough on crime; it is careless with public safety.
If we want safer communities, we need fewer invisible barriers, not more.
Read the Commentary
Hanna Liebman Dershowitz’s commentary is essential reading for anyone serious about criminal justice reform:
Read Hanna’s commentary here and ask yourself this: how is it that a system that never stops punishing can honestly claim to believe in redemption?
