Offender Rehabilitation Act: Hearing, Ninety-second Congress, Second Session, Relating to the Nullification of Certain Criminal Records, S. 2732United States. Congress. Senate. Committee on the Judiciary. Subcommittee on National Penitentiaries U.S. Government Printing Office, 1973 - Počet stran: 198 |
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American American Bar Association American Correctional Association annulment application arrest records arrested or convicted asked authorized automatic believe Chairman charges citizens civil rights Code Ann committed committee CONGRESS THE LIBRARY conviction record correctional criminal conviction criminal records denied disabilities discharge discrimination dissemination district court effect eligible employers employment ex-offender expungement statute fact Federal felony former offender guilty hire indictment individual innocent institutions juvenile court legislation LIBRARY OF CONGRES LIBRARY OF CONGRESS licensing ment MILLER Model Penal Code National NEIER nullification order Offender Rehabilitation Act opportunity ords pardon parole penal person police prison probation problem procedure prohibition punishment QUENTIN N question recidivism reform released relief restoration Rubin SCHIAVO SCHLOSSBERG sealing Senate Bill Senator BURDICK sentence served social society Stat statement subcommittee Supp testimony tion trial U.S. SENATE Union waiting period York
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Strana 63 - What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to discriminate on the basis of racial or other impermissible classification. . . . [T]he [Civil Rights] Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation.
Strana 61 - A pardon reaches both the punishment prescribed for the offense and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offense.
Strana 170 - The Act proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. If an employment practice which operates to exclude Negroes cannot be shown to be related to job performance, the practice is prohibited.
Strana 71 - Far from disparaging job qualifications as such, Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant. What Congress has commanded is that any tests used must measure the person for the job and not the person in the abstract.
Strana 124 - Authority shall be released from all penalties and disabilities resulting from the offense. Section 1179 operates automatically, while § 1772 requires the discharged offender to petition the court for relief, which may be denied. The apparent overlap of the two sections is not clarified by the statutory language, but it is the interpretation of the Youth Authority that § 1179 applies only to juvenile court commitments and § 1772 only to commitments from criminal courts.
Strana 63 - Congress directed the thrust of the Act to the consequences of employment practices, not simply the motivation. More than that, Congress has placed on the employer the burden of showing that any given requirement must have a manifest relationship to the employment in question.
Strana 63 - ... freeze" the status quo of prior discriminatory employment practices.
Strana 63 - Congress has not commanded that the less qualified be preferred over the better qualified simply because of minority origins. Far from disparaging job qualifications as such. Congress has made such qualifications the controlling factor, so that race, religion, nationality, and sex become irrelevant.
Strana 167 - ... interests of immense importance, both because of the possibility that he may lose his liberty upon conviction and because of the certainty that he would be stigmatized by the conviction. Accordingly, a society that values the good name and freedom of every individual should not condemn a man for commission of a crime when there is reasonable doubt about his guilt.
Strana 135 - While the juvenile court law provides that adjudication of a minor to be a ward of the court shall not be deemed to be a conviction of crime, nevertheless, for all practical purposes, this is a legal fiction, presenting a challenge to credulity and doing violence to reason.