PART III - “COLLATERAL CONSEQUENCES”

Chapters 10-11

Often, a person who is arrested and criminally charged deals with more than just the danger of losing his/her liberty. While a case is pending, that person may be suspended from work. If that person is not a citizen, the charge that person is facing may result in adverse immigration consequences. If that person resides in public housing, that person may be in danger of becoming homeless. Any professional licenses that person has could be revoked. If that person is a college student receiving financial aid, that aid could be discontinued. If that person is convicted and receives a criminal record, that person could be disbarred from a host of professions and job opportunities. These possible repercussions are termed “collateral consequences” because they are viewed as consequences separate and apart from the judicial system. Put another way, such consequences are “collateral” to whatever criminal punishment is directly imposed by the system. However, “collateral consequences” are not minor by any stretch; they could destroy a person’s life just like a loss of liberty could.

Similarly, the two areas of focus of this part might seem “collateral” to the work of a public defender. However, both the salary and the reality of burnout have a significant influence on public defenders generally and on the African American public defender specifically, including whether or not that attorney continues to do the job. This Part covers Defenders’ perspectives on the financial and psychological aspects of the public defender experience.