Upload
marsha-elliott
View
218
Download
0
Tags:
Embed Size (px)
Citation preview
Felony Disenfranchisement
Taylor DilesSection VF
4/4/12
The Problem
• There are approximately 5.3 million people who cannot vote due to current state voting laws
• Four states (IA, FL, KY, VA) do not allow a convicted felon to vote ever again
• Two states (ME, VT) allow inmates in their prison system to cast ballots
• Every other state is in between these two extremes
Current Laws
Current Laws
For Felony Disenfranchisement
• The Constitution• Article I, Section IV
• Under Section 2 for the 14th Amendment, “those who participate in rebellion or crime” may have their voting rights removed
• The severity of the crime necessary for such removal is not specified, leaving it up to each individual state (10th Amendment)
• Punishment• When sent to prison, basic rights are stripped- that is your
punishment• Privacy, Free Speech, purchasing weapons, etc…
• Judgment Precedence • Children & Clinically Insane can’t vote- their judgment isn’t
trusted
Against Felony Disenfranchisement
• Constitution• 8th Amendment rules out “cruel and unusual punishment”
• Aren’t most rights restored after sentence is completed?
• Article I, Section IV also allows Congress to make any changes to voting laws they deem necessary
• Is it illegal?• Voting Rights Act of 1965 removes discriminatory voting laws
• Of the 5.3 million people currently disenfranchised, 2 million are African American
• Nationwide: 8% of African American population, compared to 2% of White Population
• 34% of African Americans in Iowa are disenfranchised (highest rate in the nation)
Mediation
• States shouldn’t control who votes in federal elections. Congress should use their power under Article I, Section IV to create a federal voting law• For state elections, current laws will stay the same
• Those convicted of a felony will not be able to vote while in prison
• Upon release from prison, right to vote is restored• 13 states and District of Columbia already practice this
law
Why?
• Prisoners deserve to be punished for their crime, and rights should be taken away
• However, when released from prison, they are free• Can buy alcohol, peacefully protest, get a job, etc…
• Current laws are not illegal• There are 15 times more men in prison than women. Is that
sexist? Of course not!
• The Constitution is very vague and open to interpretation • This finds a middle ground between the 8th and 14th Amendments
Works Cited
• "Constitution of the United States." U.S. Senate. Web. 02 Apr. 2012.
• "Felony Disenfranchisement." The Sentencing Project. Web. 02 Apr. 2012. <http:// www.sentencingproject.org/map/statedata.cfm?abbrev=NA>.
• "14th Amendment." Legal Information Institute. Cornell University. Web. 02 Apr. 2012.
• "Pros and Cons: Felon Voting." Felon Voting. 12 Sept. 2011. Web. 02 Apr. 2012. <http:// felonvoting.procon.org/view.resource.php?resourceID=000283>.
• "Section 2 of the Voting Rights Act." The United States Department of Justice. Web. 02 Apr. 2012.
• "Voting After Criminal Conviction." Brennan Center for Justice. New York University. Web. 02 Apr. 2012.