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Paing for a clean record / Amy F. Kimpel

Material type: TextTextPublication details: Hanover, PA : Northwestern University, 2022Description: Vol 112 (3) pages 439-547Uniform titles:
  • The Journal of Criminal Law & Criminology / Summer 2022
Subject(s): Summary: This article the promises and pitfalls of diversion and expungement as means to combat mass criminalization. These two mechanisms work in tandem to provide access to clean record but not enough attention has been paid to the dangers they present due to differential access to clean records based on financial means. This article considers legal challenges to the current schemes and explains how requiring defendants to pay for a clean record enables schemes and explains how requiring defendants to pay for a clean record enables court and prosecutors to profit from the perpetuation and racial caste. Ultimately, this article argues that the impacts of diversion and expungement programs are more modest than reforms claim, and that these programs need to be offered at no cost if they are to succeed in achieving the goal of reducing racial disparities in our criminal courts and in society at large.
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This article the promises and pitfalls of diversion and expungement as means to combat mass criminalization. These two mechanisms work in tandem to provide access to clean record but not enough attention has been paid to the dangers they present due to differential access to clean records based on financial means. This article considers legal challenges to the current schemes and explains how requiring defendants to pay for a clean record enables schemes and explains how requiring defendants to pay for a clean record enables court and prosecutors to profit from the perpetuation and racial caste. Ultimately, this article argues that the impacts of diversion and expungement programs are more modest than reforms claim, and that these programs need to be offered at no cost if they are to succeed in achieving the goal of reducing racial disparities in our criminal courts and in society at large.

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