Commenting on collateral consequences in a court-martial trial
Lesser-known collateral consequences of a criminal conviction include:
- ineligibility for public benefits, such as food stamps
- ineligibility for government-sponsored student loans and grants;
- restrictions on certain types of employment or occupational licenses;
- ineligibility to provide foster care to minor family members
- prohibitions on working with children
- loss of professional license or certification
- limitations on adoption or foster care
Infographic of Collateral Consequences of a Military Court-martial Conviction
COLLATERAL CONSEQUENCE
“Collateral consequence’’ means a collateral sanction or a disqualification.
COLLATERAL SANCTION
The term ‘‘collateral sanction’’
- means a penalty, disability, or disadvantage, however, denominated, that is imposed by law as a result of an individual’s conviction for a felony, misdemeanor, or other offense, but not as part of the judgment of the court; and
- does not include a term of imprisonment, probation, parole, supervised release, fine, assessment, forfeiture, restitution, or the costs of prosecution.
DISQUALIFICATION
The term ‘‘disqualification’’ means a penalty, disability, or disadvantage, however, denominated, that an administrative agency, official, or a court in a civil proceeding is authorized, but not required, to impose on an individual convicted of a felony, misdemeanor, or other offense on grounds relating to the conviction.
Ineligibility for public benefits, such as food stamps; ineligibility for government-sponsored student loans and grants; restrictions on certain types of employment or occupational licenses; and ineligibility to provide foster care to minor family members. While some consequences are limited to a certain type of offense, such as prohibitions on working with children.