Not only are the outcomes of these felon disenfranchisement laws racist, but they are also classist. It is not news to many that the criminal justice system of the U.S. has many loopholes for rich people to pay their way out of jail time. The wealthy can afford top lawyers, pay bail, pay fines, and live in neighborhoods less frequently patrolled by the police. Defense lawyers for felony crimes can cost anywhere from $1000 to $2500 a day, and bail and fines are not on a sliding scale based off of income (NOLO, 2010). For an impoverished individual making only $1500 a month, the financial obstacles to fighting a winnable court case make conviction nearly inevitable. To contribute to the financial advantage the rich have, the wealthy generally commit more white collar crimes than street crimes, which are treated as lesser in the overall criminal justice system. Street crimes are far more visible than white collar crimes and those charged with street crimes are more likely to face justice than those charged with white collar crimes (Martinez, 2014).
In her book “The New Jim Crow” (2010), Michelle Alexander, a civil rights lawyer and an activist in the civil rights movements, that many people think has long been concluded, argues that the results of prison go well beyond the walls of the facility and can even have a perpetual effect on a person's life. Alexanders exact words on page 142 are “ Once labeled a felon, the badge of inferiority remains with you for the rest of your life, relegating you to a permanent second-class status.” Alexander supports her claim by interviewing people and describing their experiences in prison and their life after prison. She also informs the reader of laws that make it harder for felons to not only get jobs, but also limits their access to housing, and
White-collar crimes like what happened to Shirley Lee are prevalent today. Many view white-collar crime as less threatening than typical blue-collar crime (i.e. robberies). Both crimes however, affect society in a negative way. White-collar crimes cause more direct financial harm than blue-collar crimes. Blue-collar criminals cause more physical harm and for that reason are often perused and punished more rigorously.
This new law caused an increase from an estimated 300,000 to 2 million prison inmates over the course of the last two decades. (Michelle Alexander, 2010) According to Rebecca C. Hatey and Jennifer L. Eberhdt of Stanford University, California holds only 7% of African American population but 45% of California’s prison inmates are African American under the three strikes law. (Racial Disparities in Incarceration Increase Acceptance of Punitive Policies 2014) Michelle Alexander writes that the mass incarceration of the 1990’s created a new “racial caste system” and extreme funding for the criminal system.
Michelle Alexander says in her book, “The New Jim Crow” that millions of African-Americans are arrested for minor crimes every day. These African-Americans remain marginalized and disfranchised, trapped by a criminal justice system that has forever labeled them as felons and denied them basic rights and opportunities that would allow them to become law-abiding citizens. Michelle Alexander also says that people are swept into the criminal justice system especially in poor communities of color for minor crimes. More than 108,000 New Yorkers are currently disenfranchised with the law. Eighty percent of those being African-Americans.
Fellow American citizens already copiously penalize felons in everyday life; they look down on them in society, restrict them from large amounts of jobs, and allow their past blunders to haunt them. Therefore, felons’ debt to society has not only been paid for by their prison sentence, but it has also been paid for by their tedious lifestyle. This leads to enfranchisement advocates pondering why The United States continues to punish felons and restrict them from the highest esteem of American culture, especially when they may have ended up with their doomed fate through a vacuous mistake. To further support their point that disenfranchisement fosters an overly severe punishment for felons, supporters of felon voting rights point out the fact that, “in 13 states a felony conviction can result in disenfranchisement, generally for life, even after an offender has completed his or her sentence” (Mauer 3). Champions of felon voting rights disagree with the continual reprimanding of felons after their sentence, as it exceeds their obligations to
In communities like Chicago where 80% of African American men have records (Alexander, p. 9), it is apparent that the jury will not be representative of the broader community. This again excludes felons from participating in the system which directly impacts them, and reinforces a social caste system which benefits white Americans who have the power to decide the guilt of those in the lower castes in the setting of a court room. In other words, African American defendants are unlikely to be judged by a true jury of their peers according to Wakefield and Ugen. This is similar to the practice of using trumped up charges to imprison and control freed African Americans discussed in the film “Slavery by Another Name” where elite whites controlled the corrections process and arbitrarily decided guilt based on little other than
Felon disenfranchisement is not only unconstitutional but also further institutionalizes racism. For example, in communities consisting of minorities like African Americans and Hispanics felony disenfranchisement unlawfully create a disadvantage for freedom of speech. As stated by Eric H. Holder, JD a US Attorney General “although well over a century has passed since post-Reconstruction …the impact of felony disenfranchisement on modern communities of color remains both disproportionate and unacceptable.” The act of taking away someone’s right to vote notably mirrors the act of forbidding African Americans to vote during the post-Reconstruction Era. Holder refers to the fact that taking away the right to vote essentially withdraws any opinions that minorities
Legalized Discrimination is Contributing to Mass Incarceration Mass incarceration has been an issue for decades, with no clear solution in sight. One major turning point in the development of mass incarceration, based on reading The New Jim Crow by Michelle Alexander, is the idea of legalized discrimination. Alexander said, “What is painfully obvious when one steps back from individual cases and specific policies is that the system of mass incarceration operated with stunning efficiency to sweep people of color off the streets, lock them in cages, and then release them into an inferior second-class status” (pg. 100). This idea of legalized discrimination allows police officers to intentionally target black individuals because of prejudices
As indicated by Bartollas and Siegel, there is evidence which lends to the widely perceived view by many that a correlation exists between an individual’s social class and the type of justice and consequently the sentence an individual receives. As lower socio-economic offenders are less likely to afford quality legal representation, often enduring to suffer the consequences of the overworked public defender and be compelled into accepting a plea or are unable to secure to make bail, thus, as Bartollas states, “lower-class offenders have typically expected to receive longer prison sentences than higher class defendants” (2013). While justice should be blind to the gender of the offender, Bartollas states “women receive more favorable outcomes
Minorities and the Criminal Justice System While in recent years police brutality has received the majority of media attention, there is a far more deadly poison running through the veins of our nation’s criminal justice system. This poison is the full discriminatory power minorities fall victim to in every stage of their prosecution. This poison has led to the mass incarceration of minorities and the creation of a well-disguised form of racial control. Today, over 2 million minorities are under the control of the prison system and as such will forever be tainted by their most outstanding label, criminal (Alexander). When these American citizens are denied the basic human right of a fair and unbiased trial their lives are forever changed:
Without a serious punishment, these people are more likely to repeat their crimes. Heather Kramer and Otis Newton, who write for the Lakeside Publishing Group, believe that disenfranchisement is a necessary measure against convicted felons, as these criminals have failed to comply with the very document that provides them with many freedoms. This article hopes to attract the attention of the general
African Americans are incarcerated approximately seven times as often as whites. The economic deprivation in the United States is linked to the variation in criminal punishment. Consequently, collateral sanctions play an ever-larger role in racial and ethnic stratification, operating as an interconnected system of disadvantage as the number of felons and former felons
The concrete data of studying White-collar crime only began in the early 1960’s. The assumption that one on one crime is more harmful is astronomical. WCC is more harmful both physically and financially than common crime anyway you examine it. We can take a case study to show the demographic and socioeconomic differences between a WCC criminal and a common criminal.
The United States prides itself on being a country of opportunities where the underprivileged can rise up and everyone is treated equally, but is that really the case? In reality the income of an individual gives them advantages of going above the system. The sociological explanation of the influence of the wealthy over the criminal justice system is described in the of the Pyrrhic defeat theory written in Jeffrey Reiman and Paul Leighton book The Rich Get Richer and the Poor get Prison Ideology, class and Criminal Justice. The Pyrrhic defeat theory emphasizes the failure of the criminal justice is the consequence of success for those in power, who are taking advantage of the system.
White-collar crime is more serious than street crime because the punishment is more severe, crime is easier to detect or track, and it is more harmful. Street crime is robbery, selling drugs, and stealing cars; White-collar is identity theft, forgery, and embezzlement. Anyone can become the victims of street criminals. Most of the time these crimes happen because people are under the influence of alcohol or drugs. People see street crime more than white-collar crime because it happens in public and makes the news.