Articles received by April 30 can be published in the first semester, and those received by September 15 can be published in the corresponding second-semester issue.
¿No second chances? Criminal records as a legal-criminal issue
Authors
Hugo Villalobos Vallejos
Ayudante ad honorem del Departamento de Ciencias Penales de la Universidad de Chile
Criminal records are both normative and institutional consequences of
criminal blame, given the legal registration of all criminal convictions. The current article
analyze the legal nature of criminal record by recognizing an expressive function
of punishment as a conventional device to express resentment and reprobation when
criminal law is breached: If punishment is an expression of condemnation, then criminal
records register this condemnation. The implications of the connection between
punishment and criminal records allow us to conclude that any impact on fundamental
rights of the ex-convicted through the preservation of criminal records is neither appropriate,
necessary nor proportionate when the individual has fully served his sentence.
Keywords:
Criminal records, expressive function of punishment, fundamental rights, proportionality, post imprisonment hard treatments
Villalobos Vallejos, H. (2018). ¿No second chances? Criminal records as a legal-criminal issue. Revista De Estudios De La Justicia, (28). https://doi.org/10.5354/0718-4735.2018.50375