The ‘collateral effects’ of criminalization choices: From conceptual definitions to operational strategies
Author(s)
Date Issued
April 2026
Type
bookPart
Start Page
132
End Page
152
Abstract
The chapter examines the frequently overlooked collateral effects of criminalization. Drawing on philosophical and sociological insights, the author argues that criminalization often generates a range of adverse outcomes, that diverge from its intended goals—not only prison overcrowding and increased public expenditure, but also criminogenic effects and the deterrence of socially beneficial behavior. While these effects are theoretically foreseeable, they are often neglected in policy design. The chapter begins by developing a conceptual framework that distinguishes between dysfunctional collateral effects, and broader undesirable consequences marked by high social costs. It then analyses the tools available to legislators to anticipate and mitigate these negative externalities, with particular attention to criminal justice impact assessments. Finally, the chapter explores how courts engage with collateral consequences in their reasoning and considers the benefits and challenges of formally incorporating a doctrine of collateral effects into the criminal policymaking process.
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