Governors Are Doing All Kinds Of Things Out There

James L. Rosica at Miami Herald:

Gov. Rick Scott and the Florida Cabinet have ended the automatic restoration of voting and other civil rights to nonviolent felons once their sentences are up.

Sitting as the Board of Executive Clemency, they voted 4-0 on Wednesday to change the panel’s rules and require at least a five-year waiting period before ex-convicts can apply to get their rights back.

“If you’re convicted … you lost those rights,” Scott said at a news conference later in the day. “There ought to be a process to get those rights back.”

Law enforcement officials and state prosecutors favored the change, saying people who have broken the law need a waiting period to prove themselves.

Civil rights advocates called the new rule a step backward, tantamount to double punishment.

The change is effective immediately and potentially affects anywhere from 100,000 to 300,000 felons, experts said.

Now felons will have to wait five years after completing a sentence to apply for rights restoration. This will return Florida to the Jim Crow era, when such hurdles were created to prevent blacks from voting.

Make no mistake: This proposal has racial and partisan implications.

A disproportionate number of Florida’s felons are African American, and in this state, blacks overwhelmingly vote Democratic. The Cabinet has further alienated black voters by adopting these more-stringent restoration rules. What purpose does that serve the state or the Republican Party?

In the last decade, more than 20 states have eased the restoration process for people convicted of crimes. Florida should remain in this group of enlightened states. Instead it has gone back a century. It now has joined only two other states — Kentucky and Virginia — in requiring waiting periods and hearings before felons can get their rights restored.

If anything, the Cabinet should have considered more streamlining measures for clemency. The Florida Parole Commission investigates clemency applications, and it has always struggled with huge backlogs. For a time the Corrections Department even loaned some staffers to tackle the backlog.

Clemency application reviews still move at a snail’s pace, delaying justice for felons who have paid their debt to society. The Commission recently told the Legislature that it has a growing backlog of more than 100,000 cases.

Making felons who have served their time wait years to regain their rights has nothing to do with being tough on crime. By embracing this regressive proposal, the governor and Cabinet have sent Florida back to a shameful time of blatant racial prejudice.

Mansfield Frazier at The Daily Beast:

Cleveland State University Urban Studies Associate Professor Ronnie Dunn has written extensively on how, since the advent of the Jim Crow era, unfair laws have been enacted— particularly in Southern states—to deny blacks the right to vote. Writing in a soon-to-be-released handbook on prisoner reentry, he describes how poll taxes, literacy tests, and property ownership were devices routinely used to suppress the black vote and unfairly affect election outcomes.

Florida now joins two other states, Kentucky and Virginia, in having the most severe restrictions on former felons voting and other rights, such as serving on juries and holding certain professional licenses. Five black Florida lawmakers joined a chorus of civil-rights advocates in objecting to the rule changes, saying no evidence existed that the abandoned process, which was approved by former Gov. Charlie Crist and the former cabinet in 2007, was not working.

“It’s really not about what’s right or fair,” said Ken Lumpkin, an attorney and political activist in Cleveland. “This is about stealing elections and hurting an individual’s chances of starting over after prison. If felons had had the franchise in Florida back in 2000, over a million more people would have been eligible to vote, and the election would not have been close enough for the Supreme Court to give it to Bush. What this new governor is doing is rolling back the clock on minority rights. And with Republican governors and legislative majorities in states like Ohio and Wisconsin, no one should be surprised if they try to change the rules in those states also. If that happens, a Democratic candidate for president won’t stand a chance.”

Indeed, incoming Ohio Secretary of State Jon Husted, among other changes, wants to stop county boards of elections from mailing unsolicited absentee ballots to voters and limit the window of time they have to cast them. Democrats, however, charge that Husted’s proposals are designed to discourage voting, especially in big urban counties.

Ohio State Rep. Michael Stinziano (D-Columbus), the former director of the Franklin County Board of Elections, said it would be “bad public policy” to prevent county boards from soliciting and paying postage for absentee ballots. The service, he said, alleviated long lines at polling places (such as those that marred the county’s 2004 presidential election) that caused some elderly voters to walk away without voting.

Back in Florida, state NAACP Vice Chairman Dale Landry said that individuals who have completed their sentences have paid their debt to society in full and should be allowed to vote. “Why do we come back and impose a further penalty?” he asked. “What we’re saying is that… the state wants to impose further sentencing, an additional penalty. That’s exactly what was done here.”

Greta Van Susteren at Fox News on the Daily Beast story above:

This posting is about the HEADLINE (not whether you agree or disagree with the underlying law.  People can differ on whether the law is a good one or not, appropriate or not.)

Headlines are to grab attention — but there is a point when they are simply irresponsible and trying to stir up hate and problems.   I think the headline below “FLORIDA’S RACIST NEW LAW” is exactly that – irresponsible and trying to stir up problems and hate.  The headline DID catch my attention since for many, many, many years prior to TV, I represented a lot of poor African Americans and often in issues involving civil rights.

Upon reading the explosive (I think it explosive) headline, I wanted to know more about “FLORIDA’S RACIST NEW LAW”  — and so I read the article.  I bet many just read the article and stop there — thus left with the impression that Florida is racist (or those who support the law are.)   In actually reading the article, I see that the author writes “[b]ut whether the move was simply tough-on-crime posturing or something more nefarious remains an open question.

You have to dig deep into the article for the “open question” while the RACISM was in bigger, bolder letters in the headline. So what was a PRONOUNCEMENT of FACT in the headline of RACISM (and sure to cause many people to be deeply disturbed) now remains “AN OPEN QUESTION” as to whether the law was a “tough on crime posturing or something more nefarious” (eg racism.)  There is a big difference between being “tough on crime” and being a racist.

Roger Clegg at The Corner:

Florida governor Rick Scott and his cabinet have ended the policy of his predecessor, Charlie Crist, of automatically reenfranchising felons upon their release from prison. The ACLU et al. are outraged, but it’s the right decision: Those who have demonstrated that they won’t follow the law shouldn’t be allowed automatically to make the law for everyone else; rather, they should have that right reinstated only after they’ve shown that they have indeed turned over a new leaf, as I’ve discussed on NRO many times — for example, here. Kudos to Governor Scott.

Alex Massie:

Given the scale of the injustices and barbarism that characterise large parts of the criminal justice system in many, perhaps even most, American states denying former felons the right to vote once they have been returned to society may seem a minor concern. Nevertheless it is a telling one and something that should shame those states that still bar ex-cons from voting.I’d have thought it an obvious principle of natural justice that we take the view that once released a prisoner should be considered a free man or woman. True, there are certain limited caveats to this (sex offender registries being the most glaring) and some jobs may reasonably (or reasonably in many cases) be considered unsuitable for former felons but none of that has any bearing on the question of whether released prisoners should be permitted to vote.

Clegg links to a piece he wrote elaborating upon this view that ex-cons shouldn’t be permitted one of the most fundamental rights we have to grant. But this is all he has to say:

It is frequently asserted that felons released from prison should be able to vote because they have “paid their debt to society.” But the felon-vote movement will, if pressed, admit that they think felons in prison should be allowed to vote, too. And society is not obliged to ignore someone’s criminal record just because he has been released from prison. Felons are barred by federal law from possessing firearms, for example.

Is that it? Apparently so. Ex-cons can’t be permitted to vote because that’s the slippery slope to letting serving inmates vote too. Colour me unpersuaded. This argument, however, leads one to wonder whether it is in fact possible for felons to “pay their debt to society”? And if they have not done so – as the denial of voting rights suggests they must not have done – then why are they being released in the first place? That, at any rate, would seem to be the logic of this matter. It’s a grim and pitiless worldview.Of course there’s the possibility that other motives are at play, namely that for a number of reasons ex-cons may be more likely to vote Democratic than Republican. But let us put that unworthy thought to one side and simply note that denying ex-felons the franchise is a further punishment that’s above and beyond and entirely unrelated to the crimes which led to their incarceration. I’m amazed, actually, that it’s Constitutional to do so.

No, it’s just one more example of a criminal justice system that, alas, should shame the United States. This is not a question of liberalism or conservatism but of decency. There are many things the Americans do better than us but thank god we don’t have their criminal justice or prison systems.

Incidentally, anyone with any interest in these matters should follow Radley Balko’s work. (And actually the New York Times should have given him an op-ed column years ago.)

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Filed under Crime, The Constitution

One response to “Governors Are Doing All Kinds Of Things Out There

  1. Pingback: Governors Are Doing All Kinds Of Things Out There | Around The Sphere | Criminal Defense Data

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