Over the decades, the world has been greatly divided; thus over the issue of disenfranchising offenders particularly with regard to removing their right to participate in the voting process.
In the US, giving prisoners the right to partake in the voting process to a great extent is not an especially popular idea with only about one third of the Americans supporting this notion while only two states; Maine and Vermont allow incarcerated people to vote (Robinson).
As a result, an estimated 3.9 million Americas have currently/permanently lost their felony convictions, this number was higher even higher in 2016 whereby, more than 6 million people were barred from participating in elections as a result of having felony convictions on their records (Holodny).
Overall, the extent disenfranchisement; with regard to voting is very troubling due to the fact that these rights are easily lost following relatively minor offenses, while disenfranchisement laws on voting rights should be a major concern for any democracy, in the US, their overall scale of impact in unparalleled. This paper therefore proposes that people with convictions should retain the voting rights as disenfranchising and disempowering this significant population is both philosophically unjustified and ultimately harmful to the country.
In relation to this, the paper provides a detailed analysis of reasons why all convicted felons should be granted their voting rights; hence, the need to establish movements aimed at changing these unfair laws.
Why Prisoners Should Vote
Voting Restrictions Create Racial Imbalance
Generally, modern-day disenfranchisement laws present in the US are a vestige of ancient or rather medieval times when offenders in early societies were banished from their communities consequently suffering what can be termed as "civil death" (Nunn, 765). Following colonization, these laws were brought to the American colonies from Europe where they gained what can be termed as new political salience particularly at the end of the 19th century (Nunn, 765). Concerning this, it was during this period that a vast majority of disgruntled Whites especially those in the Southern states began adopting them together with other ostensibly race-neutral restrictions; with regard to voting, in order to exclude the African American slaves in the voting process.
Today, the racial effects of disenfranchisement laws on voting rights is particularly egregious. According to the Terry McAuliffe; the governor of Virginia, to a great extent the policy of taking away voting rights of convicted felons is a vestige of history’s Jim Crow Laws which had been created for the sole purpose of disenfranchising the African Americans votes (The Tylt). Concerning this, although deterring felons from taking part in the voting process does not explicitly mention the issue of race, racial effects of these laws are as a result of disproportionate arrests as well as convictions of people of color resulting in a huge disenfranchised voting bloc and the creation of a caste system. According to numerous research studies, ethnic minority communities are more likely to be incarcerated as compared to Whites and when the votes of these communities are greatly minimized as compared to those of the majority, there is usually lack of proportionate political representation of their interests (Nunn, 782). As a result, felony disenfranchisement tends to nullify the US Voting Rights Act which aimed at providing meaningful representation of the minority communities in the ballot.
Regarding this, research indicates that in the US, as compared to white males, African Americans are approximately five times more likely to be incarcerated, moreover, there are also four times likely to end up losing their voting rights as compared to whites. Due to racial disparities in the criminal Justice system, currently approximately 2.2 Million African Americans citizens are ineligible to vote due to prior convictions (Holodny). Among these an estimated 13% of African American Men which translates to about 1.4 million are all disenfranchised, consequently losing their right to vote, this number generally represent approximately 36% of the entire population of ex-felons and incarcerated criminals without voting rights (Human Rights Watch " The Sentencing Project). Concerning this, given the fact that the disenfranchisement laws in the US have a disproportionate impact on the minority communities in the US such as the African Americans and the Latinos, there is need to do away with these laws that to a great extent do not recognize the notion or rather the principle of universal and equal suffrage; thus for all populations (Nunn, 782).
Disenfranchisement exists as a Hurdle/Roadblock to Rehabilitation
Philosophically, both perpetual and arbitrary punishment such as the denial of voting rights to convicted felons who have already paid their debt back to society to a great extent imposes what can be termed as second-class citizenship which promotes reoffending. In relation to this, according to numerous research studies upholding the prisoner’s right to participate in the democratic process of voting strengthens not only their social ties but also their overall dedication to "common good" whereby, it encourages what can be termed as legally responsible involvement; thus in the modern-day civil societies (Hamilton-Smith " Matt, 414).
According to research, democratic participation is directly and positively associated with an overall reduction in recidivism (Hamilton-Smith " Matt, 414). Other research studies have also concluded that voting behavior is greatly correlated with subsequent measures of re-arrest, incarceration as well as self-reported criminality. For example a study conducted by the Florida Parole commission, over a period of 3 years, the rate of recidivism; thus based in all released inmates was about 33% however, rate was 11% when he released prisoners were granted their civil rights back inclusive of being allowed to vote (Serwer). This therefore reaffirms the notion that disenfranchisement ultimately cannot aid ex-convicts in fostering their skills as well as capacities that will rehabilitate them consequently becoming law-abiding citizens (Hamilton-Smith " Matt, 414).
There are also numerous plausible theoretical models that generally describe the collateral consequences of disenfranchisement; especially with regard to the successful reintegration of the offenders in the society. In psychology, the strain theory contends that a society or rather community tends to put immense pressure on its members to achieve specific socially acceptable goals, in the event people are unable to achieve these set goals or rather expectations, it results in a strain which in most cases leads to crime (Agnew, 319). Therefore, restricting ex-felons by denying them the right to vote to a great extent can result in further alienation of these ex-convicts from the normative population which, in, turn produces a type of strain causing them to re-offend.
Another model is classical labeling which explains deviance through both traits and labels primarily ascribed to a person by the society and the overall interaction between those traits and the person’s mentality. Concerning this, denial of voting rights is seen as a further extension of the label "criminal", an outcast or outsider which then becomes a self-fulfilling prophecy which then leads to increased criminal activity; thus through the virtue of psychological effects associated with labels on individuals (Hamilton-Smith " Matt, 414).
Voting is a Basic Human Right
Another major argue is that convicts as well as ex-offenders should be allowed to participate in the voting process as it is a basic human right. In relation to this, in accordance to the "Universal Declaration of Human Rights, every person has the right to actively take part in their country’s government either directly or rather through freely choosing their preferred representatives (United Nations Human Rights). Concerning this, the right to actively take part in conduct of public affairs which generally includes both the right to either stand for election or vote is considered to be at the core of modern-day democratic governments which are grounded in the will of people.
Therefore, genuine elections are critical and an extremely fundamental component of an organization that not only promotes but also protects human rights. In accordance to the United Nations Human Rights, the right to participate in the voting process and also to be elected in genuine as well as periodic elections is to a great extent intrinsically linked to a vast number of other human rights, these prerequisite rights are such as the freedom of expression and opinion and the freedom from discrimination (United Nations Human Rights). In the US, denying criminals the right to vote is also a violation of the rule of law as outlined by the 1965 Voting Rights Act which was enacted for the sole purpose of ensure racial inequality (Nunn, 772). However, denial of these rights is a direct violation of people’s rights particularly those from the minority communities following racial disparity present in modern-day Criminal Justice System.
Allowing all individuals to Vote sets a good Example
Another major argument that supports allowing voting all convicted felons is the fact that to a great extent sets a good example for the younger generations. Concerning this, although most prisoners tend to have children below 18 years, these children tend to have no way of fighting; thus for the equal representation of their overall political interests. This is due to the fact that their parents are unable to influence public policy as they lack the necessary means; which is participating in the voting process. Research also indicates that children whose parent are convicted criminals or rather ex-offenders tend to have a higher risk of offending; hence, it is critical for their parents to engage in the voting process as it provides them with a positive behavioral model which generally involves contributing to the society’s betterment.
Conclusion
Conclusively, given the affirmative obligations of countries to protect people right to vote which is considered a fundamental human right by the United Nations as well as the overwhelmingly disparate racial impact denial of the right to vote has on the minority communities all prisoners in the US should be allowed to actively participate in the voting process. Moreover, given the negative effects of denying convicts and ex-offenders the right to vote has on both their rehabilitation and children, the American lawmakers as well as the general public should become more vigilant against the enforcement of disenfranchising laws; especially with regard to the voting laws.
Works Cited
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Hamilton-Smith, Guy Padraic " Vogel, Matt. The Violence of Voicelessness: The Impact of Felony Disenfranchisement on Recidivism. Berkeley La Raza Law Journal, Vol. 22:2. (2015). Pp. 408-432. https://scholarship.law.berkeley.edu/cgi/viewcontent.cgi?article=1252"context=blrlj
Human Rights Watch " The Sentencing Project. “Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States. Human Right Watch, (n.d.). Retrieved from; https://www.hrw.org/legacy/reports98/vote/usvot98o.htm
Holodny, E. “Millions of American Adults are Not Allowed to Vote — and They Could Change History”. Business Insider, (2018). Retrieved from; https://www.pulselive.co.ke/bi/finance/finance-millions-of-american-adults-are-not-allowed-to-vote-and-they-could-change-history-id6967295.html
Nunn, Robin L. "Lock them up and Throw away the Vote," Chicago Journal of International Law: Vol. 5: No. 2, Article 20. (2005). Pp. 764-784. Available at: https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1611"context=cjil
Serwer, Adam. “Voting and Recidivism”. The American Prospect. Retrieved from; http://prospect.org/article/voting-and-recidivism
The Tylt. “Should felons have the right to vote?”. (2017). Retrieved from; https://www.masslive.com/politics/index.ssf/2017/05/should_felons_have_the_right_t.html
Robinson, Nathan. “Why Can’t Prisoners Vote?”. Current Affairs.Org. (2018). Retrieved from; https://www.currentaffairs.org/2018/05/why-cant-prisoners-vote
United Nations Human Rights. “Human rights and elections”. Office of the High Commissioners,
(2018). Retrieved from; https://www.ohchr.org/EN/Issues/Pages/HRElections.aspx
