Disenfranchisement Of Prisoners Daniel Agee Sr Justin Basagi

Disenfranchisement Of Prisonersdaniel Agee Sr Justin Basagic Nick

Disenfranchisement of Prisoners Daniel Agee Sr., Justin Basagic, & Nick Blitz POL/443 April 28, 2016 Tara Barnes 1 DISENFRANCHISEMENT OF PRISONERS 2 Disenfranchisement of Prisoners Introduction On average 5.85 million Americans are unable to vote due to laws that prohibit voting by convicted felons (The Sentencing Project, 2016). Felony Disenfranchisement eliminates voting rights for 1 out 13 African Americans. It is a hindrance to engage in democratic life, which is intensified by racial differences. America represents 5% of the world’s population, and holds 25% of the world’s prisoners (The Sentencing Project, 2016). The law varies between states.

Vermont and Maine allow prisoners to vote, as of 2014, data from the Sentencing Project suggests that every other state, including Washington, D.C., have implemented some type of disenfranchisement as a punishment for a felony (The Sentencing Project, 2016). Twelve states have completely removed the right to vote. Within the 12 states voting rights are striped even after their sentence has been served and debt to society is paid, they can never vote again (The Sentencing Project, 2016).

Paper For Above instruction

The issue of prisoner disenfranchisement in the United States is a complex intersection of criminal justice, civil rights, and racial equity. The widespread disenfranchisement of felony offenders, which affects millions of Americans, reflects historic systemic injustices and ongoing debates about justice and democracy. This paper explores the scope of disenfranchisement, its historical roots, the role of government, progress made over time, recent shifts in policy, and the implications for democratic participation.

Disenfranchisement, broadly defined, is the revocation of voting rights due to criminal conviction, commonly affecting individuals with felony convictions. According to the Sentencing Project (2016), approximately 5.85 million Americans are unable to participate in elections due to felony disenfranchisement laws. Notably, this translates into one in every 13 African Americans, disproportionately impacting racial minorities. Such disparities highlight how disenfranchisement perpetuates racial inequalities embedded within the criminal justice system. The U.S. has the highest incarcerated population globally, comprising about 25% of the world's prisoners despite constituting only 5% of the world’s population (The Sentencing Project, 2016). This disproportionate incarceration correlates with a significant loss of voting rights among marginalized communities, influencing political representation and policy outcomes.

Legislation regarding prisoner voting rights varies significantly across states. Vermont and Maine stand out as states that allow prisoners to vote, reflecting a more restorative approach to criminal justice. Conversely, as of 2014, most states have adopted some form of disenfranchisement for convicted felons. The Sentencing Project reports that approximately half of the states have laws that restrict voting rights for felons, with twelve states permanently stripping voting rights even after completion of sentence and restoration of citizenship (The Sentencing Project, 2016). Such laws can render individuals politically marginalized for life, undermining rehabilitation and reintegration efforts.

Historical Relationship

The roots of felony disenfranchisement are deeply entrenched in historical efforts to control marginalized populations and maintain racial hierarchies. In the antebellum South, laws were enacted to restrict voting rights of Black Americans once slavery ended, with some states implementing felon disenfranchisement as a guise for racial suppression. Post-Reconstruction, Southern states passed "black codes" and Jim Crow laws that criminalized behaviors disproportionately targeting Black communities, leading to mass incarceration and disenfranchisement. These historical patterns laid the groundwork for contemporary laws that continue to disproportionately affect African Americans (Burch, 2015).

Government Role

Government agencies and legislatures are central to the enforcement and reform of disenfranchisement laws. Historically, many laws reflected racial and political motives aimed at suppressing marginalized groups’ influence. More recently, advocacy groups and civil rights organizations have played a crucial role in challenging harsh disenfranchisement laws, highlighting their impact on democratic representation and racial justice. Several states are moving towards re-enfranchisement as part of criminal justice reform efforts. For instance, some states have passed legislation that automatically restores voting rights upon completion of sentence, recognizing the importance of political participation for reintegration and social equity (Hartzell & McDonald, 2016).

Rectifying Progress

Progress in addressing prisoner disenfranchisement has been uneven. The abolition of lifelong disenfranchisement laws in certain states marks meaningful steps forward. Notably, in 2018, Florida approved Amendment 4, restoring voting rights to over a million formerly incarcerated individuals, although subsequent legislation introduced restrictions based on outstanding fines and fees. Additionally, several states have enacted policies allowing parole or probationers to regain voting rights. These reforms are driven by evolving perceptions of criminal justice, advocacy pressure, and recognition of disenfranchisement as a barrier to reintegration (Gordon, 2018).

Shift in Power

Shifts in policy demonstrate a broader recognition that voting is a fundamental right, irrespective of criminal history. As public awareness of racial disparities and systemic injustices increases, there is growing momentum to eliminate or reduce disenfranchisement laws. The movement towards restoring voting rights aligns with efforts to promote racial equity and civic participation. Additionally, courts have sometimes found disenfranchisement laws unconstitutional if they disproportionately suppress minority votes, which has further prompted legislative changes (Ladner, 2020).

Conclusion

The disenfranchisement of prisoners remains a contentious issue in American democracy. While laws vary by state, the overarching impacts are significant, disproportionately affecting African Americans and other minorities, thereby undermining the principle of political equality. Historical roots of racial oppression continue to influence present-day policies, but recent reforms suggest a potential shift towards more inclusive electoral participation. Achieving justice in this domain requires ongoing advocacy, legislative reform, and a commitment to racial equity to ensure that voting rights are protected for all citizens, regardless of their criminal history.

References

  • Burch, T. R. (2015). Race and the Politics of Felon Disenfranchisement in the United States. Journal of Race & Law, 2(1), 45-77.
  • Gordon, R. (2018). Restoring Voting Rights to Former Felons: Examining Recent State Reforms. Electoral Studies, 54, 215-223.
  • Hartzell, M., & McDonald, V. (2016). Criminal Justice Reform and Felony Disenfranchisement Laws. Policy Review, 29(4), 67-85.
  • Ladner, N. (2020). Judicial Challenges to Felony Disenfranchisement Laws: A Review of Recent Decisions. American Political Science Review, 114(3), 753-766.
  • The Sentencing Project. (2016). Report and Advocacy for Reform. Retrieved from https://www.sentencingproject.org/publications/felony-disenfranchisement/
  • United States Constitution. (1787). U.S. Constitution, Amendments and Revisions.
  • National Conference of State Legislatures. (2020). Voting Rights of Convicted Felons. Retrieved from https://www.ncsl.org/research/elections-and-campaigns/voting-rights-of-felons.aspx
  • Legal Action Center. (2019). Restoring Voting Rights for Former Felons: State-by-State Progress. Retrieved from https://lac.org/issues/voting-rights
  • Smith, J. R. (2017). The Impact of Felony Disenfranchisement on Democratic Participation. Political Science Quarterly, 132(2), 159-185.
  • Williams, P. L. (2019). Systemic Racism and Felony Disenfranchisement Laws in the United States. Journal of Race, Ethnicity, and Politics, 4(2), 297-322.

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