Category: Issue 4

Collateral Consequences and Collateral Harm: The COVID-19 Pandemic as a Catalyst for Equitable Reintegration Reform

Collateral consequences are sanctions imposed upon an individual outside of the realm of formal sentencing associated with criminal punishment. These consequences often have far more severe, long-lasting, and wide-ranging impacts than direct forms of punishment. The myriad of legal, regulatory, and informal stigma-related repercussions of having a criminal record frequently serve to preclude ex-offenders from accessing a breadth of rights, opportunities, and resources; including those related to employment, housing, education, healthcare, voting, and receiving public benefits. 

In addition to directly harming justice-involved individuals themselves, collateral consequences have been found to have large aggregate and intergenerational impacts on the families and communities that surround these individuals. As a result, affected communities often experience deeply entrenched socioeconomic oppression, higher rates of homelessness and health complications, and an increased likelihood of future criminal justice involvement. Because of stark racial and socioeconomic disparities that exist both within and outside of the criminal justice system, the burdensome effects of collateral consequences are disproportionately felt by low-income communities and communities of color.  

The COVID-19 pandemic both magnified and illuminated the deadly and far-reaching effects that criminal justice involvement and the collateral consequences that follow have on ex-offenders and their communities, especially those that have historically been the most severely affected by these disadvantages. Consequently, the pandemic demonstrated an urgent need for relief from the heavy burden of having a criminal record—specifically, relief that is broadly available, widely accessible, and effective for all ex-offenders. 

Measures intended to ease the burden of having a criminal record have picked up steam in legislatures across the country over the last several years—a trend that will undoubtedly continue as the detrimental effects of collateral consequences continue to become more visible to the general public. However, there are concerns that many of these enacted and proposed mechanisms may be less accessible or helpful to certain groups of ex-offenders; which can have the effect of exacerbating existing socioeconomic and racial inequities. It is critical that future efforts to mitigate the oppressive effects of collateral consequences sufficiently account for the many structural, systemic, and multidimensional race and class inequities that are inextricably intertwined with the American criminal justice system and frequently impact reintegration outcomes. As part of its response to the pandemic, the federal government should enact an expungement statute that places a distinct focus on equity. Reintegration measures that are equitably available and effective benefit not only those individuals with criminal records, but all of society, which is particularly important as the nation begins to rebuild in the wake of the current public health and economic crises.

Protecting Florida’s LGBTQ+ Youth by Prohibiting the Use of Conversion Therapy

Over the last few decades, the law has come a long way in recognizing the rights of individuals within the LGBTQ+ community. This shift mirrors the changing views of both medical professionals and society. However, one subgroup of the LGBTQ+ community has been largely ignored when it comes to recognition and protection of their legal rights—LGBTQ+ youth. While more and more young people have been comfortable openly identifying themselves as members of the LGBTQ+ community, this group is still at greater risk of experiencing homelessness, mental health issues, and involvement with the juvenile justice and welfare systems than their cis-gender and heterosexual peers.

This Article examines the legal battle over the use of conversion therapy on minors, a practice aimed at changing one’s sexual orientation or gender identify, in Florida and the Eleventh Circuit. The author analyzes how the Eleventh Circuit Court of Appeals incorrectly concluded that local prohibitions on conversion therapy violate the Constitution, as well as addresses the importance of a prohibition on conversion therapy for minors. Finally, the author proposes state legislative action necessary to provide a safer and more inclusive environment for LGBTQ+ youth in Florida.

“You Want to Put that Where?” A Discussion of the Interplay Between Local Zoning Control and Effective Prohibition Under the Telecom Act of 1996

The authors tackle the incongruous and often nebulous standards for effective prohibition of cellular wireless service under federal law. They first discuss the origins of the Telecommunications Act of 1996 and the evolution of effective prohibition from the 90s to the modern day. This Article then discusses the legal theory behind the predominant tests employed in effective prohibition analysis and suggests that a national standard allowing wireless carriers to solve gaps in service is necessary to meet the public demand for ubiquitous wireless connectivity. Finally, this Article surveys the effective prohibition jurisprudence at the district level within the 11th Circuit and postulates as to which test the 11th Circuit would employ once an effective prohibition case comes before its bench.

“A Public Office is a Public Trust” Examination of the Implementation of Constitutional Amendments Governing the Abuse of Public Offices

This Article explores the adoption and implementation of Florida’s Constitutional Amendments governing lobbying and abuse of power.  The changes enacted by Florida voters should act as a pole-star for both guiding public officials in their duties and the legislature’s thoughtful examination of previously recommended changes to Florida’s statutory ethics laws. New lobbying restrictions expand the scope and length of prohibitions on activities after leaving office, and the abuse of power provisions rely on established bodies of law for clarification. However, the legislature has been slow to respond to recommended reforms of State ethics laws, and decades have passed without following reports and recommendations from statewide grand jury investigations or the adoption of more significant deterrents for violations of Chapter 112, Florida Statutes.  The new constitutional provisions are subject to the penalties enacted by the legislature. Investigations and administrative proceedings remain under the jurisdiction of the Florida Commission on Ethics