An Examination and Solution of the Collateral Consequences Attached to Minor Crimes

The dilemma in the standardization and systematic construction of the collateral consequences is the appropriateness of the retributive consequences in traditional crimes. The intention and purpose of minor crimes is prevention rather than retribution. Therefore, there is a natural contradiction between minor crime and retributive collateral consequences. “Incidental collateral consequences” which based on the social legal and cultural cognition do not exist in minor crimes. Minor crimes should be defined as crimes for which the statutory maximum penalty is less than one year in prison. In principle, the collateral consequences attached to minor crimes are not appropriate, and the records of minor crimes should not be disclosed from beginning to end. The minor criminal records system is a practical approach to solving the current problem of collateral consequences attached to minor crimes.