A recent article, “Who Gets to Vote?” appeared in The New York Times, and addresses the pervasive practice of states denying Americans with criminal records the right to vote. The article noted that during the next Presidential election in November 2012, more than 5 million Americans with past criminal convictions will not have the right to vote.
The problem is that this denial remains in effect for decades or a lifetime. This article duly notes that the implications for this practice creates a more devastating effect on the political power and influence of black communities all across the nation.
The article states, “Nationwide, 13 percent of black men have lost the right to vote, a rate that is seven times the national average.” The article adds, “But the ripple effects of large-scale incarceration extend well beyond the individuals who are imprisoned, and as a result minority communities throughout the country have lost political influence.”
The negative impact is obvious, “It’s a simple equation: Communities with high incarceration rates have fewer votes to cast. The whole community suffers the result.”
But this practice has an ugly history with direct ties to race, racism and race relations, and the seemingly unshakeable influence these negative forces have played and continue to play on the American political stage. The laws were purposefully adopted to counter the 13th, 14th, and 15th Constitutional Amendments, which ended slavery, provided equal citizenship to freed slaves, and prohibited racial discrimination in voting.
To make sure that the waterfront was covered, these laws, adopted following the Civil War and during the Reconstruction era in conjunction with laws that required literacy tests and poll taxes as barriers for blacks to cast a vote. As if this wasn’t enough insurance, the criminal disenfranchisement laws targeted those crimes for which blacks were more likely to be convicted such as theft, perjury, forgery — furtive offense compared to the crimes committed by whites.
You might guess that southern states adopted criminal disenfranchisement laws more than northern states, but in those days, some northern states joined the chorus, New York among them.
Fast forward to today.
Of the 50 states, only 23 states have restored voting rights or eased the process to reclaim those rights if you have a criminal conviction. But we must note that even today, some of the major states that impact the outcome of a national election, have not only maintained these laws, but have gone so far as to roll back any reforms, the states of Florida and Iowa among them.
The other dynamic occurring today is the movement by many states that require a particular type of ID from those wishing to vote. It is known that the type of state required ID will less likely be one that minorities, blacks, have in their possession.
What a catch-22. What a vicious cycle.
And if that is not enough, the very states that enforce the criminal disenfranchisement law which prevents anyone with a criminal record from voting (mostly black men), also count the prison population (again, mostly black men) to get their fair share of federal dollars for roads, bridges, Medicaid, and other dollars (entitlements and otherwise) every year.
What a deal! It is called “Getting them going and coming.”
Voting. The very essence of this Republic. The path to individual empowerment in the political process, and shaping public policy is the foundation of becoming a productive member of society. Why the persistent effort to suppress?
There continues to be efforts at the state and national level to restore the right to vote in federal elections to all American who have served and satisfied their prison sentence and who are trying to lead productive lives.
As a society, if we are about restoration, and giving second chances to those who may have lost their way — many of whom may have been wrongfully imprisoned in the first place, should we continue to deny the basic sense of dignity and civic involvement?
What do you think?
Comments
Why should we deny these
Why should we deny these people the right to vote because they are incarcerated. They are still citizens and they deserve the right to vote. I can see why we think their opinion does not count and neither should their vote, but that is an unfair assumption. Just because they committed a crime and showed disgrace to other citizens, it does not take away their citizenship. They still need to have rights in prison. We cannot take away their right to vote. We need to get everyone to vote so that the right person is chosen to represent us. Everyone should have a say. Since they say most minority areas have people incarcerated they are getting less of a say on the voting process because they have less people voting. This is not fair. They need the most help and need to have a say in who is chosen to represent us. We cannot deny them the access they need by leaving out the incarcerated. The wrongfully convicted also do not get a vote. They should have a say and some part of civic involvement. They are being accused for the wrong reasons and still deserve to vote for someone who will help them. They too still have the rights of a normal citizen.
What about rehabilitation?
I agree with everything you said. If the focus of the U.S. prison system is supposed to be rehabilitation, doesn't it seem that the individuals being release from prison would have been rehabilitated to the point that they are able to function as responsible citizens? By removing their right to vote, we are simply telling this men and women that regardless of what they do they will be punished for their mistake repeatedly. At the same time, society deems those who do not vote to be irresponsible citizens who are throwing away their right to participate in government. This is a catch 22 ex-inmates will be faced with for decades to come I fear.
Debt Paid
I find it very frustrating that because one of our systems (the criminal court system) does not function properly and as intended, another system (voting system) does not work properly either. It is a commonly know fact, at least among my fellow students in sociology courses, that the court system is very biased against people of color and that laws further reaching than those mentioned in the article have been created with the intention of oppressing specific populations. Because this system is flawed and black men are overrepresented among prison populations and those previously incarcerated, the voting system of our entire country is now skewed as well! I understand that while serving a prison sentence a prisoner has lost his/her right to vote. What I don't understand is that once this supposed 'debt to society' has been paid, the individual is still punished repeatedly once released. The debt is paid...I say let them vote!
I completely agree with you!
I completely agree with you! My first thought in reading this article was very similar to yours: if a person's "debt to society" has been paid, then there is no reason that their basic civic rights should not be reinstated as soon as they are released from prison. Like you said, the voting system in our country is skewed because there are many eligible people unable to have their voices heard, simply because they - at one point - made a mistake. The thing is, though, if incarceration is meant to be the first step in rehabilitation, is it fair that the rehabilitation essentially STOPS the second that person is released? The transition back into society isn't really possible...at all. For one, society already looks poorly on people who have been imprisoned, even if they have completely changed. Two, if rights are denied (like voting), how will ex-convicts ever transition into "regular" citizen status? If they aren't treated like every other American, they likely will fall back into the role they were already cast into: the criminal.
It's an unfair cycle.
I’ve never considered the
I’ve never considered the prison system’s effect on voting or in particular how it overwhelmingly affects black communities’ political power. My initial reaction was that maybe I don’t want criminals to vote. Then I started thinking that maybe it’s ok for someone convicted of selling marijuana to regain their voting rights, but not ok for murderers. But, then where do you draw the line .. and who draws it. Ultimately, I think by the time someone has ended up in prison that maybe the system has already failed them. Are parolees clamoring for voting rights or have they been so completely disenfranchised as to be indifferent to the process? I tend to think that we should focus on creating opportunities and support networks so that people can be productive and valued members of society. Maybe we need to look at the laws and policies that have led to such a large prison population as compared to other countries. I’m not sure how to resolve this in my own mind let alone on a national scale, but I think it’s an issue that’s worth exploring.
I too have never actually
I too have never actually thought about how the right to vote is not only denied to the prison population but in turn directly affects a large majority of the African American population. It just goes to show that there are several loopholes in our system which directly/indirectly affect races other than White. It is hard to say that it is a justifiable response to deny someone their right to vote as an American citizen even though they have been convicted of a crime.
Trivial in the the true underlying problem..
To start off I’d like to say that this article is much too vague in parts, especially for such a heavy subject matter. In fact I think some parts of this article are offensive to African Americans, particularly the paragraph that talks about the new required voters ID. “It is known that the type of state required ID will be less likely to be one that minorities, blacks, have in their possession.” By whom is this known? I feel as if this insults the intelligence level of African American people and minorities in general. It is not as if there is a secret society that will hand out these ID’s to only Caucasian people. Surely the information to obtain these cards will be available to everyone in the same fashion via, (t.v, internet, social media etc.) In regards to physically obtaining these cards, if an individual cannot obtain a transportation source (public transportation, a car, on foot etc.) in order to get the cards then most likely they would not be able to make it to a voting booth either, and that is not determined by your race. The whole topic of this article is trivial in the main underlying problem that needs to be addressed, and that is in fact he overwhelming amount of minorities including African Americans that are in prison and what we need to do as a society to change this. Once we put a dent this, then issues such as the very unfair issue of voting privileges amongst released convicted criminals should be addressed. However, another thing that bothered me is the over-all feeling I get from reading the article. The current voting restriction affects all convicted criminals, Hispanic, Caucasian, and African American etc. I know the focus of the article is convey how disadvantaged African Americans are by this law, but in reality any one unable to vote is at a disadvantage. This article instead should talk about how convicted U.S criminals who have been released deserve the right to vote. Before the color of our skin, we are Americans, and should work to benefit the common good of every one.
A bold statement
Thanks for pointing that out. If your going to state something so bold like “its known” then there needs to be some type(any type) of supporting evidence. I agree that it article could be considered offensive in many different aspects. Also it could talk about people convicted of a crime in a more general way. The one possible reason as mentioned by others is that African Americans are more likely to get convicted of crimes so it may have a larger impact on them, compared to whites.
I believe that Americans who
I believe that Americans who are out of jail and are trying to repair their lives should have the right to vote. Any American who has satisfied their prison sentence should be put on a one year probation and if they do not commit any crimes they should be allowed to vote. Prisoners should not be allowed to vote as part of their punishment. They should lose their right to vote if they break the law of their land.
Right to Vote Restored!
I would have to agree with you, that Americans should deserve a second chance at life, liberty, and the pursuit of happiness. This includes the right to vote. Life is full of obstacles, especially in lower income areas where crime is sometimes a way to survive. If someone shows they are able to make it through such difficult circumstances, including rehabilitation and incarceration, and are on the path to becoming a productive citizen they should have their voting rights restored. Prisoners currently serving time on the other hand haven’t finished their sentences and rehabilitation back into society and should have their votes denied. Americans overcome all kinds of problems every single day; from drug addiction and alcoholism to abuse and violence. These problems perpetuate in low income areas and I believe an American who makes it through such difficult obstacles, often the result of systemic forces, is a valuable vote to have and should be counted.
price paid
I appreciate you way of thinking and reasoning behind it. Before I was just considering that fact that the individuals who broke the law, not the idea that they already paid the price(being in prison) . I would agree with the idea of being able to gain the right to vote back after a certain amount of time.
Vicious Cycle
I believe that those who commit crimes should lose the privilege to vote. BUT we must ask who are more likely to commit crimes, such as theft, perjury, and forgery? And who are most likely incarcerated?
This article poses these answers with that of the black community. In the many minority neighborhoods, the crime rates are high. This can be blamed on the vicious cycle of starting with unfair access to good jobs. This is just one of the many privileges blacks can not take part in.
This is just the start of the vicious cycle I'm referring to. I blame this for the high incarceration rates.
Isn't Logical
Why should the right to vote be linked to whether or not you've committed a crime? Voting should be directly linked to whether or not you're a citizen. And if the actions taken by your government affect you, then you should be able to vote! Voting isn't a weapon for ex-convicts, its a choice and by denying them of that we're saying they're not even worthy of choosing anything. Mind you: voting doesn't mean you're going to get what you want, it just means you're voicing what you want. So why does it matter if you were punished for selling drugs or stealing cars?
The choices we make
I don’t like the statics of Blacks compared to whites that are convicted of a crime because there are so many different reasons why they are unfair. It’s sad to think about the fact that a white man and black man could be in the exact same situation and the black man would be more likely to be convicted. As far as convicted individuals being able to vote, I think that they should not be able to vote, the reason being that they have broken a law in some way shape or form. If you can’t abide by laws then why should you be able to have any impact on them or any other major issues that may be going on? Breaking a law could also indicate lack of judgment, which may not be a positive contribution when it comes to voting.
Judgement Forever Tainted?
I understand your point that if a person breaks a law then why should they have any say? But my point is, an ex-convict is an 'EX' for a reason. The individual was probably already punished for the crime they committed, so once released, why does he still have to be penalized and stigmatized socially...if his crime was THAT bad then he shouldn't have been released from prison! But it's completely unfair to punish a person for a crime and then release the person and deny them of rights....what are they being punished for at that point? EXISTING after committing a crime?!! It's just absurd.
We ostracize ex-convicts and have created a social underclass for them and we justify it by saying they are criminals. I say no, they WERE criminals, and if releasing them means anything, then they should be allowed to vote which is the most peaceful way to express agreement or disagreement.
As for your point on lack of judgement: mentally ill people, alcoholics, drug abusers, etc. are all allowed to vote and they obviously have poorer judgement than the typical law abiding citizen, so felon disenfranchisement doesnt make sense from that logic either.
Compounding Oppression...
I think the issues with the criminal justice system aren’t quite answered by asking who is more likely to commit a crime. A bigger concern is who is more likely to get arrested and convicted for a crime. One of the benefits of white privilege is that I am less likely to be pulled over for no reason, less likely to be arrested, and less likely to be convicted of a crime. It doesn’t matter if you put me and a black person in the exact situation in front of a cop or a judge, as a white person I am less likely to wind up in jail. Just as a DNA database would impact whites and minorities differently because of this kind of oppression, refusing the right to vote to ex-prisoners has a similarly disparate effect. This is the kind of policy that compounds oppression that is already in place.
Criminal as a Lifelong Identity Marker
In the US, the criminal justice system is not an institution for punishment for the sole purpose of justice. It is a system said to do that, but used to socially exclude people deemed unworthy. And from the start of our nation Blacks and minorities have held that unworthy status and its social manifestations have been, and still are, far reaching and incorporated deeply into our very culture. The criminal justice system is just another way we see the injustice play out.
The problem with people with criminal records not being able to vote is that their serving time is no longer punishment enough. When our society says they are barred from voting, we're saying "no punishment will ever allow you to be a full citizen again". 1. We obviously don't know how to make our criminal justice system function properly if that's the stance we take on ex-convicts. 2. We're using the system to play with peoples lives! We jump for judging them based on their actions, to judging their character and worth as a person, which none of us are qualified to do.
How Un-American
I can understand an individual not being permitted to vote while serving a prison sentence, though this seems contradictory considering the fact that these individuals are counted when federal funds are being distributed (after all, they can’t exactly use the roads or bridges while in prison). Extending punishment after a person is released has an impact on entire communities and takes away basic rights that citizens should be entitled to. I can see no logical reason to this policy. Is it based on supposed morality? In that case, I can think of plenty of people who don’t deserve the privilege to vote. Even if these policies weren’t remnants of attempts to keep blacks from voting, the problems in the criminal justice system silence the voices of a startling 13% of blacks. How un-American is that?
A Second Chance
The right to vote should not be denied to any U.S. citizen regardless of criminal status. It is a fundamental right that should be protected because it is the most pure form of democracy, in which citizens directly participate to elect the officials that will represent their interests. Taking away this right from citizens with criminal records is equivalent to taking away their citizenship status because their autonomy and agency is taken away from them as well. They are not allowed to make their voice heard anymore. They should not be prevented from voting, because the fact that they committed a crime does not affect their judgment and their ability to make good decisions. In addition, they are not prevented from voting just for the time they are serving a sentence, in most states this law is enforced for the rest of their lives and it does not matter if they try to reintegrate to society and live productive lives. It is very unfair to punish citizens for the rest of their lives because they committed a mistake. Even when they are in prison, they are counted as population so the state in which the prison is located can get a fair share of the federal funds. This can be compared to the Three Fifths Compromise, in which slaves were counted only for representation in The House of Representatives, but when it came to their right, they were completely deprived. Citizens with criminal record deserve a second chance to reintegrate to society, and a good way to do this is by reforming laws that prevent them from voting after they had completed their term in prison.
Cycles
I think when issues like incarceration and individual rights come up, the context and how the issue is framed to the public is very important. From the outside, people could hear that criminals are being denied the right to vote and may think that that is a positive, or a way to deter people from a life of crime and to show that if you are going to break the laws then you don't deserve to have the same rights as the general public.
With a surface understanding of what the law is, this may seem plausible to some--but in actuality this law will absolutely negatively affect minorities disproportionately. What people don’t realize is how very real the “vicious cycle” of poverty and crime is and how much more it affects minority groups due to issues of previous disenfranchisement and being shut out of the system.
For some, issues of racism bring up images of the past--issues that are believed by some to have been “overcome” with the Civil Rights Movement and other social movements and laws thereafter--but social inequalities exist today in the form disproportionate socio-economic statuses among different races and differences like these lead to differences in opportunity among different races for example in number discrepancies related to political power and representation. Just these two issues--political power and money--are tied to the opportunities one has in life, and if your racial or ethnic group happens to have gotten the short end of the stick historically (affected by racial gerrymandering, vote dilution, political disenfranchisement) those past inequalities, while not as overtly obvious now, still create cycles of inequality.
These cycles relate to the issue of incarceration and criminal disenfranchisement because statistically, poverty stricken regions have the highest rates of crime and incarceration, and looking at figures in the U.S., there are more minority groups within these regions due to lower socio-economic status and political power discrepancies among races. While social mobility dynamics are changing over time, the fact is that minority groups do start lower on the status/power ladder and this is why disenfranchising those with criminal records would disproportionately affect minority groups.
America is known as the
America is known as the country that everyone that is a citizen has a right to vote in an election. People from other countries flee to America in order to have that right. I believe when you commit a crime you are disrespecting our country and the freedoms that you have so your rights should be taken away while incarcerated. However, once a criminal does their time and completes the rehabilitation process and gets off probation or whatever sentencing is given to them, their rights should be reinstated. It would be ridiculous for someone that was a minor when they committed a crime to never be allowed to vote again. Sometimes people make mistakes and they learn from them and mature. I do not believe they should be punished for the rest of their lives. If people do not feel like they are citizens and are not given the same rights as other individuals, they will just get angry and continue to commit crimes.
Citizenship.
America is known as the country that everyone that is a citizen has a right to vote in an election. People from other countries flee to America in order to have that right. I believe when you commit a crime you are disrespecting our country and the freedoms that you have so your rights should be taken away while incarcerated. However, once a criminal does their time and completes the rehabilitation process and gets off probation or whatever sentencing is given to them, their rights should be reinstated. It would be ridiculous for someone that was a minor when they committed a crime to never be allowed to vote again. Sometimes people make mistakes and they learn from them and mature. I do not believe they should be punished for the rest of their lives. If people do not feel like they are citizens and are not given the same rights as other individuals, they will just get angry and continue to commit crimes.
I absolutely agree with you.
I absolutely agree with you. I think it is blatant hypocrisy to advocate and argue for "rehabilitation" with the intention of redefining these individuals as law-abiding citizens, only to then say they can never fully have their constitutional rights back.
Everyone so far has made some
Everyone so far has made some very valid points, and I am inclined to agree. While incarcerated, I believe that a citizen should not be allowed to vote; however, once that person has been released from jail, the right to vote should be immediately reinstated. The fact that it isn't definitely speaks to something that could be a simple as oversight or as sinister has an ulterior motive for not wanting ex-criminals engaging back in the American system in a productive way.
Honestly, I had never considered the connection between the lack of voting rights for ex-cons and the disproportionate number African Americans in US jails. But after reading this piece – and also reading the article – I definitely think that there is some sort of catch-22 at work here. African Americans, for example, are more likely to be arrested and convicted for crimes. Once they are released from the prison system, one way for them to get back into society and be positive in their influence is to be able to vote. But that right is denied, sometimes for years, sometimes for life. This stops ex-convicts (who are a lot of times Hispanics or African Americans) from rehabilitating and reintegrating which, in turn, can propel the cycle of crime. If minorities feel as if they only place they can turn is crime – because of a system that is disallowing them to rise above that – then the whole process is cyclical.
Furthermore though, is that, while the right to vote might be denied, most ex-convicts have their right to bear arms automatically reinstated when they leave prison, with little or no review by judges. What a strange juxtaposition! Ex-criminals cannot be trust to vote, but they can obtain weapons very easily? It is like the system is working specifically to ensure that certain people can never rise up in America. It’s terrible.
Criminals can buy guns?
I agree that when in jail inmates should not vote and that when they are released they should be able to vote. I think that your point on criminals able to purchase weapons but not able to vote is a strong one, if it were true. I'm not certain on all state laws, but California has background checks and asks if you have a criminal record. Again, I myself don't know what the law is, but seems backwards. I have a hard time feeding into the cyclical nature of blacks and hispanics returning to crime, especially on the basis of them not being able to vote. Lots of Americans that don't have a criminal record could care less about voting. It is hard for me to see a hardened criminal worried about who they are going to vote for in the next election. I really just need to respond to a post and in no way am i trying to start an argument with you. Best Regards
Your post was incredibly
Your post was incredibly strong. I especially liked what you said, "If minorities feel as if the only place they can turn is crime -- because of a system that is disallowing them to rise above that -- then the whole process is cyclical." This really resonated with me. It is so true that our society makes it incredibly difficult for ex-convicts to become healthy, productive individuals. This law seems so outdated and while reading the article I kept thinking that there was no way that this law still exists -- but it does.
Your point about the right to bear arms was also a great point. It seems so ironic that an ex-criminal is more likely able to have the right to own a gun reinstated, but not have the right to vote. This is insane! I can't even begin to try to make sense of this logic! I think you'll agree with me when I say this law is in desperate need of reform -- or better yet, abolishment.
Rights to individuals with a criminal record
In order to agree with this article, they need to include more statistics to make their points valid. They did not actually mention how much of the prison population in the United States is African American, Caucasian, Hispanic or any other race. The writer is implying that a majority of the inmates nationwide are African Americans. It may or may not be true. When the author mentioned that all these inmates should get a certain id when they get released from prison, in order to vote. This will lead to more discrimination and prejudice against these convicts. Everybody will be able to tell who has a criminal record due to these identification cards. When somebody sees these cards, they will be on a heightened sense of alert since these individuals have a prior criminal record. This leads to these former convicts to be prejudiced against in numerous ways. These individuals don’t want to see a daily reminder of their stigmatism of being labeled a convict.
I think that individuals with a criminal record should be allowed to vote, but it only depends on the type of crime that they committed. If it’s not a serious crime, then they should not give up their right to vote after they get released. If it’s a serious crime, then they should give up their right to vote for the rest of their life. Every inmate deserves to have their right to vote taken away while they are incarcerated. This topic may or may not be discussed heavily in the presidential election that’s coming up next year, but we need to make sure that this topic isn’t discussed in a way that leads to more prejudice and discrimination against people that have a criminal record.
The new caste
I think the criminal justice system is such an important topic because so many people don't know the way that racism has penetrated the system. In our class, we read a few chapters of the book, "The New Jim Crow." It talked about the new ways that have developed over time to keep blacks down. Blacks have gone through slavery, Jim Crow, and now, the criminal justice system has evolved to take the place of the other two. We saw that while Blacks and Hispanics amount for only 28% of the population, they are 66% of the prison population. These minorities then have no say in the voting process and lose so many rights and form a new caste, as they are stuck in these positions for the rest of their lives. Their criminal record, no matter how far in the past it is, will continue to stigmatize them.
This is such a serious issue because even those that realize that there is something wrong with the system do not do anything to change it. The majority of people who see criminals in jail think it is because these people are guilty and deserve to be there. And oh, they also just happen to usually be Black or Hispanic. Whites commit the same crimes but are so much more likely to not get arrested for it. This feeds into the stereotype that these two groups are violent and scary, when in fact, a system has been designed for us to feel this way.
One of the comments above said that criminals should not be allowed to vote because they "lack judgment." This is exactly the kind of idea that shows the amount of people that are not aware of the disparities. No, becoming an ex-con is not just because someone lacks judgment, because that would indicate that everyone in jail is in there because they committed some serious crime, which is not the case. Also, since Blacks and Hispanics are disproportionately represented in prisons, does this mean they lack judgment more of the time? Wrong.
Yet another indirect
Yet another indirect consequence of racism. Shocking.
Wow.
Wow, this is an issue I've never even thought of. I had no idea convicted criminals are not allowed to vote, especially for the rest of their lives. I can definitely see how this would affect the political influence of minority communities, particularly the African-American population, since a disproportional amount of prisoners are people of color.
I can also see how this affects the quality of life in the minority communities. If these individuals aren't allowed to vote even at a state level, they have no political influence over the quality of conditions in their neighborhoods, which, sociologically speaking, has a direct influence on their success and criminal activity. What a vicious cycle.
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