A new paper by Margaret Love, Adviser on the Model Penal Code: Sentencing project, details how the project manages collateral consequences by integrating them into the sentencing process. The article compares the new Model Penal Code provisions with the collateral consequences provisions of the original 1962 Code.
She writes that the Sentencing project “integrates collateral consequences into a sentencing system that gives the court rather than the legislature responsibility for shaping and managing criminal punishment in particular cases. Just as the court decides what sentence it will impose within a statutory range, the court also decides which mandatory collateral penalties will apply and for how long.”
Read the full paper in the Wisconsin Law Review.