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Voting Rights for Felons
On November 8, 2016, an estimated 6.1 million citizens were barred from engaging in casting their votes because of felony charges (Cheung). This disenfranchised population included people currently in jail and also millions of people under parole or probation, and those who had completed their sentence. It is estimated that 3.1 million people are denied their right to vote because of laws that restrict them even when the sentence is complete. According to a report by it the Sentencing Project, the African American communities are mostly affected by the felony disenfranchisement policies (‘The Sentencing Project’S 2019 Annual Newsletter | The Sentencing Project).
State laws administering voter eligibility for felons and ex-felons differ greatly. There are only two states that allow felons to vote Vermont and Maine whereas twelve other states Ve inflict a lifetime vote ban on prisoners even when they have finished their sentences and are not on parole or probation. The voting right is safeguarded by the American constitution, which forbids disenfranchisement for reasons like gender, race, and age. Nonetheless, the 14 Amendment gives the United States the power to deny an individual the right to vote because of a criminal charge. As per the National Conference of State Legislatures (NCSL),’ the idea of denying a criminal his/her voting right has existed since ancient Rome and Greece Felon (‘Voting Rights). A condition known as ‘civil death’ began in Europe and involved the restriction on voting and restriction in court appearances. It was later adopted in America; however, most aspects of it were removed, leaving felon disenfranchisement. In America, one of the most common justifications for punishing criminals is which maintains that retributivism, punishing a criminal is justified with the reason that he/she deserves some punishment for doing something wrong.
Retributivism justified civic death in the past and is the foundation for felony disenfranchisement today. However, the issue is that this punishment is philosophically dubious and ineffective. Therefore, there are a number of cases as to why voting rights should be restored to prisoners and ex-felons. Firstly, denying prisoners to vote is the same as restricting their liberty, which has demonstrated much in protecting public safety. The right of self-protection can justify indisposed criminals but cannot justify removing or limiting voting rights. Preventing ex- felons and prisoners from voting does not coincide with public safety and personal liberty.
The United States justice system is going to make great strides if it adopts the normality principle, which is the Norwegian correctional Service. The normality principle states that when serving a sentence, the life inside a prison should resemble the same outside the prison (‘About The Norwegian Correctional Service – Kriminalomsorgen.No’). As per the normality principle, no one should serve their sentence under harsh conditions than what is necessary to maintain the security of the community. Furthermore, the principle states that no rights should be restricted by the court, meaning that prisoners in Norwegian retain their voting rights.
Secondly, disenfranchising and disempowering ex-felons and prisoners have the effect of marginalizing and dehumanizing them. Perpetual punishment, such as restricting voting rights to individuals who have served their sentences has imposed second-class citizenship on millions of people in America. This disempowerment is contrary to the belief of second chance the notion s that individuals can redeem themselves and correct their course in life. Therefore, if one believes that prisons should focus on rehabilitating prisoners, then retaining voting rights is important. As The Guardian states in 2012, ‘A prisoner’s rehabilitation as a safe, responsible, and productive member of society must include the most basic right of the democratic process the right to choose who governs us. To remove this right dehumanizes prisoners’ (Walsh 4).
Thirdly is that according to the article the American constitution Politico Magazine, ideals support the voting rights of prisoners, and denying them breaches the concept of self-government, which the founders cherished (Brettschneider). Allowing this right will make sense in the American constitution in terms of policy and politics. As prisons have struggled with the increasing populations, claims of prisoner maltreatment have multiplied, and criminal justice reforms are at the fore of political debate. Therefore, to solve this problem, the country should hear out those incarcerated and allow them to air their views in the national political discussions. By cutting both prisoners and ex-felons from the political discussions, we lose out on major insights that they could provide to help the country. The public would benefit from listening to people affected by crime and are familiar with how the criminal justice system works. Disempowering felons lead to another class of American citizens that are subjected to the country’s laws but do not have a voice to express their views on how they are governed.
The article also notes that the policies of felony disenfranchisement Politico Magazine develop a cast system that is similar to the one during the very days (Brettschneider). The sl majority of state prisoners are not able to vote, and yet they are counted in their legislative district’s population, which is the principal factor that decides the state’s number of representatives alongside the presidential electoral votes. This policy takes after the constitution’s ill-famed three-fifth clause that denied slaves their rights to vote but still counted them in their census for the sole purpose of assembling more representatives pro-slavery. This is an intense, troubling practice that has sad political implications. Politicians have lacked incentives to decrease the number of prisons since they benefit from them politically, and they benefit even when they do not listen to the concerns and grievances of those imprisoned. Lastly, voting is to have a voice in any election, which is fundamental to the democracy of the country. To vote is to participate in the country’s democratic system to express opinions, express civic pride, to express a perception, which makes voting a form of speech that should be protected by the first amendment. At the April town hall, Bernie Sanders, the 2020 presidential candidate, said that each individual should be allowed to vote and termed it ‘un-American and undemocratic to rest prisoners from voting.
In conclusion, the United States needs to allow prisoners and ex-felons to vote. As discussed above, denying prisoners the vote is denying them their right to air their views and grievances to the public. Also, denying ex-felons from voting is like punishing them twice, even after serving their sentences. Policies that justify disenfranchisement should be abolished since they create a cast system that resembles the one during slavery. Our founders greatly cherished the concept of self-government, and it is a shame that prisoners are denied their right to vote, which is supported by the constitution.
Works Cited
- ‘About The Norwegian Correctional Service – Kriminalomsorgen.No’. Kriminalomsorgen.No, 2019, . http://www.kriminalomsorgen.no/information- -english.265199.no.htmlin
- Brettschneider, Corey. ‘Why Prisoners Deserve The Right To Vote’. POLITICO Magazine, 2016, https://www.politico.com/magazine/story/2016/06/prisoners-convicts-felons-inmates-right- -vote-enfranchise-criminal-justice-voting-rights-213979to .
- Cheung, Jean. ‘Felony Disenfranchisement: A Primer | The Sentencing Project’. The Sentencing Project, 2019, http://www.sentencingproject.org/publications/felony-disenfranchisement-a-primer/.
- ‘Felon Voting Rights’. , 2019, Ncsl.Org http://www.ncsl.org/research/elections-and-campaigns/felon-voting-rights.aspx.
- ‘The Sentencing Project’S 2019 Annual Newsletter | The Sentencing Project’. The Sentencing Project, 2019, https://www.sentencingproject.org/publications/sentencing-projects-2019-annual-newsletter/.
- Walsh, Caspar. ‘Why Prisoners Should Be Given The Right To Vote. The Guardian, 2012, https://www.theguardian.com/society/2012/jun/05/prisoners-right-to-vote.
- http://www.plagscan.com/highlight?doc=128666062&source=0&cite=2&hl=textonly#2
- http://www.plagscan.com/highlight?doc=128666062&source=0&cite=1&hl=textonly#1
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