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For example, in New York the consideration of certain collateral consequences is merely discretionary, while the elucidation of direct consequences is required. For instance, in People v. Peque , [ 31 ] New York's highest court overruled the portion of its prior ruling in People v.
Collateral consequences, in this example, are related to the economic concept of externalities. The distinction between direct and collateral consequences is perhaps most important in the area of criminal law and sentencing, where an effort to take the collateral consequences of criminal charges into account when meting out punishment is underway.
In addition to the driving prohibitions under the Criminal Code, there may be collateral civil consequences. For example, driver licences are issued under provincial law. All provinces will cancel the driver licence of a person convicted of certain driving offences under the Criminal Code.
"Collateral damage" is a term for any incidental and undesired death, injury or other damage inflicted, especially on civilians, as the result of an activity. Originally coined to describe military operations, [ 1 ] it is now also used in non-military contexts to refer to negative unintended consequences of an action.
A universal speed limit of 25 miles per hour (or, more ambitiously, a ban on automobiles) would reduce traffic deaths, for example, but at a cost that few of us would consider acceptable.
Collateral consequences include the loss of the ability to vote, ineligibility for professional licensure, loss of public benefits eligibility, and immigration consequences. The Supreme Court recognized the last in Padilla v. Kentucky, when it reversed the conviction of a defendant who had been
Regardless of whether the collateral consequences rule is an appropriate way of analyzing ineffectiveness cases, a question that the Court did not decide, the Court found it “ill-suited” to evaluating Padilla’s deportation-related claim. [12]
Those consequences can include a hit to your credit score of 100 points or more. LendingTree says you could lose up to 180 points, although that’s unlikely for those with all but the highest scores.