The Problem of Felon Disenfranchisement

What is the purpose of disenfranchising someone who has paid his debt to society? What societal benefit does it serve? If that person is adjudged ready to re-enter society, then why are his opinions on who should be president or mayor less valid because he had a few rocks of crack 10 years ago?

 

i don't know about you, but i don't care who had a few rocks of crack 10 years ago, DS.

 

What proportion of people get the maximum penalty for marijuana possession? I wouldn't be surprised to find that no one gets the maximum penalty.

 

I took a look at Richardson v Ramirez (1974). From the U.S. Sup. Ct. decision it looks like the only argument made was based on the Due Process Clause. As Beaker said, the Court found no violation of due process applying the lower rationale basis test applicable to a nonprotected class.

Another case involving disenfranchisement for non-felony convictions for "moral turpitude" (Hunter v Underwood (1985)) is interesting. It found that the Alabama constitutional provision and implementing statutes were unconstitutional under the Due Process Clause. The Court held that even though the provisions were racially neutral on their face, where the original enactment was motivated by a desire to discriminate and the provision in fact had a racially discriminatory impact the provisions were unconstitutional.

Interesting case, but tough standard of proof in actual intent to discriminate must be shown.

Much of the fight shifted to challenges under the Voting Rights Act. Unsuccessful challenges have been brought in several circuits. As I noted above, one of the cases was appealed to the U.S. Supreme Court. The Court declined review (which has no precedential impact).

 

The absurdity of getting your panties in a wad because felons can't vote once they're released from prison is that if they were overly concerned about their civic duty they probably wouldn't have committed crimes against society in the first place.

 

Hondo, do you think increasing the prison population by 500 percent over a 30-year period comes without cost?

 

Prison is big business.


news.bbc.co.uk/2/shared/spl/hi/uk/06/prisons/html/nn2page1.stm

http://www.straightdope.com/columns/read/2494/does-the-united-states-lead-the-world-in-prison-population

www.nytimes.com/2008/04/23/world/americas/23iht-23prison.12253738.html?pagewanted=all

en.wikipedia.org/wiki/United_States_incarceration_rate

 

Let's make speeding a felony and see if anyone changes their opinion.

 

We all know one party is for limited government, except in the case of building and operating prisons.

 

Yup. Sure I'm more willing to understand it for really serious felonies. But why people would want to continue to disenfranchise someone who had say, a felony possession charge, for instance, 5-10 years ago, just absolutely boggles the mind.

There is absolutely NO downside to allowing people who have paid their debt to society (and especially those who haven't had another felony arrest since coming out of prison) to vote. Why wouldn't we want those people to be able to be productive citizens and full participants in democracy?? I just don't get it.

 

I might consider adding unnecessary defense spending to that list, but that's a whole other topic...

 

I sure hope there's no racial disparity in sentencing.

Uh oh.

www.sentencingproject.org/template/page.cfm?id=122

www.guardian.co.uk/law/2011/nov/25/ethnic-variations-jail-sentences-study