Felon exclusion laws impact not only individuals, but also communities, according to a University of Missouri-Columbia law professor. By their suppressive nature, the legal statutes, which vary from state to state, have devastating socio-economic, political and legal effects on African-American communities nationwide, he contends.
“Most felons come from particular communities – lower socio-economic status communities and primarily communities of color,” said S. David Mitchell, associate professor of law. “The problem is that upon release, if you send that large percentage back into those communities, you’re adding an increased layer of problems to a community that’s already suffering. What you’re sending back are voiceless and powerless individuals. Thus, the economic and political power of the community is limited.”
In his article, “Undermining Individual and Collective Citizenship: The Impact of Exclusion Laws on the African-American Community,” to be published this month in the Fordham Urban Law Journal, Mitchell discussed exclusion laws that prohibit convicted felons from exercising a host of legal rights – most notably the opportunity to vote. In addition to suffrage, which is most commonly debated among scholars and legal experts, Mitchell advocates that upon completion of their sentences, ex-felons should have all of their rights restored – especially those associated with social services; public and private employment; the opportunity to serve on a jury; and privilege to hold public office. He said restoration should take place without requiring burdensome processes or financial restitution, which are required in some states.
“When ex-felons have finished their time, they should have all of their rights automatically restored,” Mitchell said. “Now, my detractors would say, ‘Does that mean if someone is convicted of a sex offense crime, they should be allowed to hold a job in an education-related field?’ No … there are conditions; however, a greater relationship between the nature of the offense and the restrictions being applied should exist.”
In examining the issue, Mitchell said his goal was to explore the “entire notion of citizenship and what it really means to be a United States citizen.” He concluded the restoration of a cadre of rights is just as important as the right to vote. Restrictions only limit the quality of life and impede the successful reentry of individuals attempting to re-establish themselves in their communities.
“Most people tend to focus solely on the denial of the right to vote, which is incredibly important. But I think it’s a narrow view, which is why I discuss what it means to be a citizen – particularly for African Americans and other underrepresented groups,” said Mitchell, who also is a sociologist. “Citizenship is more than just an opportunity to cast a ballot. Voting is important, but if I can’t have a home, can’t feed my family and don’t have a job, do I really feel like an American citizen? If an ex-felon can’t earn a living, then why would he or she adopt the values of society upon being released? If you’re not allowing them back into society fully, then why should they adopt our rules? They have no reason to uphold the laws, and there becomes a greater propensity to re-commit crimes.”
http://munews.missouri.edu
Absolutely, something has to be done. i was convicted of a felony came home did what i had to do, went to college, I have three degrees and can’t get a job. I’m on welfare, this is ridiculous. The money the state is willing to pay to keep me and countless others unemployed can be used for creating jobs or put towards education. I have A.S. Human services, A.S. addiction Counseling and B.S in Sociology. I have more education than my case worker. It is somethig seriously wrong with this system and instead of sitting around on the pitty pot, its time to mobilize and create our own opportunities. The laws can be revamped but the attitudes of private citizens cannot be changed, I agree individuals records should only be accessible by law enforcement.
You say you feel their pain but you have no understanding. I am one of those people who have gone through life without once committing a crime. I am considered a goody two-shoe and am squeaky clean. I was raised with certain morals and opinions toward people who committed crimes. It wasn’t until I met someone who had made said mistakes in their past that I begun to look at their side from within, rather than judging from the outside. It’s easy to judge but to see through a closed mind…that is a difficult task. Committing a crime is a reflection of environment; environments range from parents to the type of neighborhood you live in. It is people, places and the things available….or not available to you. Depending on the crime…it is a way to cry out for help. Committing a crime/making a mistake is something that everyone does. It is fueled by the parenting you have and the influences of friends. If you received the short-stick of both then your chances to make a mistake is that much more likely. I fell in love with someone who had a past like this. Every day we struggle with close mindedness people. He is a wonderful person. A loving father and a fantastic husband. It pains him that he cannot support his family in the ways that I can because of his troubled past. Nearly 10 years ago and he is still prejudiced against. And yes…I believe it is discriminating and prejudice to restrict someone from making something of themselves because of mistakes they have made and have learned from. If he had not met me…or forged the friendships with people who are open-hearted he may very well be back in prison because of the hardships he faces. Can you imagine knowing that you can do a job, that you’re intelligent and hard-working and probably 10 times better than other workers there but are fired because of your background check? Can you imagine not being able to make more than $10 an hour of hard labor because of your background check? Can you imagine not being able to secure a roof over your head because of a background check? Can you imagine not being able to claim your rights as an American citizen because of a background check? Think about it. Hundreds of men and women discriminated everyday and refused homes and jobs because of their pasts…yet we punish them for committing crimes to feed themselves; we punish them for securing some sort of income no matter what they need to do to survive; we punish them for going back to prison because that is the only option they have left. Stop judging…open your minds.
I am one of those people who in the past has done some things that I am not proud of. Twelve years ago in December I got clean and sober, went back to school to receive Bachelors degrees in Social Work and Sociology, an Associate degree in Criminal Justice, and a Certificate in Drug and Alcohol Counseling. Although I have accomplished so much in the past 12yrs I am still overlooked when it comes to employment. I have two felony charges, several DUI’s and numerous disorderly conducts. When my FBI background came back I did not know this person I was reading about, she no longer exists. While going to school I was very fortunate to have an employer who was also in recovery but he owned a towing company which I ran for 9 years and since I graduated I have not been able to find employment in my field because no one wants to hire a felon. The towing company closed a month before I graduated. I am struggled to raise a child during this time and I am very proud of the job I have done. He is awesome!!! After graduation next year he is going into the Marines to fight for our freedom. I cannot afford to send him to college so he is doing the next best thing by finding his own way to receive a college education. I am so proud of him. I have taken civil service exams only to be turned down when interviewed, because of my past. This is a very unforgiving country. I beleive there should be a limit (10 years) of how long these things can be held against an individual. I totally agree with “no understanding” that when someone is held down for this long they tend to feel they have no choice but to return to their old ways. I know that using a chemical is out of the question, I have no doubt that it would only cause more pain. I cry daily because I feel like such a failure even with all the education I have acquired I cannot find meaningful employment like other people. I pray each night and every morning that God takes this prejudice from peoples hearts so that, anyone who has come back from hell only to find they are not much better off than they were using, people like me can rejoin the human race.
Sir,
I feel your pain, but while you were commiting or about to commit your crime was there people surrounding you trying to convince you of the conseqences of your actions? Try to understand other people feelings who did not decide to turn to crime to get ahead. Now you should stop blaming others for your mistake and take control of your life and get back into the race by doing research. Do everything that is legally available to you.
I would be interested in a copy of your article if you decide to write.
I was a president of a company and plead guilty of taxes.Since then I have not been able to reach any position close to what I was before and the way my case was handled I am not sure my civil right s were not violated.
Believe me in the Federal system the statistics are staggering:
93.6% of Federal criminal cases result in a guilty plea.
75.6% of Federal criminal defendants are convicted following a trial.
97% of Federal defendants are sentenced.
82.8% of Federal defendants receive prison terms.
These are Dept. of Justice figures
I live in North Carolina where rights are restored …but only if you are a state case not federal, so I am in limbo.Pardons are approved at a rate of 1 in 50,000. I am a veteran, pay taxes, and have bills like everyone, but truly don’t feel part of this country any longer.
Lawyers want between 5000 and 15,000 dollars with no guarantees.Maybe somehow there is a possibility of a class action suit against the government. I don’t know .
Anyway I not crying …..just trying to relate that the problems of ex-felons is real and we are on the bottom of anyone’s priority except our families.
You might find the article interesting and enlightening:
http://www.alanellis.com/CM/Publications/federal-felony-conviction.asp
Good Hunting
Thanks,
Thomas Hampton
Anvil2010@embarqmail.com
We are all now at a disadvantage for survival , they are trying to starve us to death ,cant get a job at Mcdonalds! we should start a group , and gain our God given rights by all means necessary , we are all fucked regardless , we have to band toghether and show thease fuckers that this world is not for them only , we can share it toghether or we can fuck it up for all. need to start something right away .
lets organize a do or die movement.
I am an ex-felon. I have served my time for my offenses and been released from parole over a year ago. I was convicted of a drug offense in 2004. I have not gotten in trouble at all since. In fact I am a single father who has full, sole custody of my children. Not to mention while being on parole, going through a custody battle, and going back to school to be a certified mechanic, I can’t even get a job in my field because of my past. I was just turn down by Jiffy Lube. The manager stated that they are not allowed to hire felons. There application states that if you answer yes to be convicted of a crime does not disqualify you for employment. I beg to differ! Since I did answer yes to be convicted, that is exactly what happened. I was not eligible for employment. That is just the most recent time that has happened. I was once told by a place that they wouldn’t hire me, because they only wanted good people to work there. I am sick of paying for my crime over and over. I know what I did was wrong and I feel that my time in prison and on parole was my time served.
If you need to please e-mail me at kingbear1982@yahoo.com I am not the only one that gets their past rubbed in their face when they apply for a job.
I am a current law student was thinking about this topic today on my way to work. It seems to me “punishing” those that have already “repaid their debt to society” is a form of double jeopardy.
Look below at [3] from U.S. v. Halper
DOUBLE JEOPARDY – Being tried twice for the same offense; prohibited by the 5th Amendmentto the U.S. Constitution. ‘[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.’ U.S. v. Halper, 490 U.S. 435, 440 (1989).
I am considering writing a journal article on this very topic.
I could see myself finally losing my calm and going over the deep end and becoming the worlds largest mass serial killer in an outcry to say screw you soc iety for not letting me support myself.
it’s all about economics, supply and demand, there is more people than there is good jobs so they use it as an excuse to stick it in your bumbum.