Analysis on Limitations Regarding Prisoner Voting using American and Canadian Cases
Erick Reyes-Sagastume (6084701)
POLI 1P91
TA NAME
Brock University
Suffrage is the right to vote in political elections, however, throughout the history of the right to vote, the term suffrage has been tampered to a point where it only favours the upper echelon of the social scale. For an example, the Canadian women’s suffrage movement was a progression that took several decades that targeted the conflict and struggle that Canadian women had to endure whilst fighting for their equality. Although the right to vote has elevated to what it once was there is a certain group of society who are exempt of their right to vote due to the same reason
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Sauvé v. Canada proved to be a step in the right direction in terms of universal suffrage that incarcerated citizens had to endure during and after their sentencing. In 1993, the Supreme Court of Canada revised the Canada Elections Act and denied the right to vote to inmate who were serving a prison sentence of more than two years. Richard Sauvé was convicted of murder and sentenced to 25 years in prison and was relinquished of his right to vote since he was serving a sentence longer than two years, Sauvé exercised his right to vote and stated that “denying prisoners the right to vote …show more content…
A goal of elections is for communities working together to achieve a common good that creates social ties and some sort of social stability. Granting prisoners, currently or previously sentenced the right to vote gives them the psychological and sociological rehabilitation in order for them to express their political right. Although prisoners are social outcasts they are familiarized with political standpoints and are well informed citizens given their free time to watch television or read the newspaper, allowing prisoners to vote helps them reintegrate into society no matter how long their sentence may be. However, felony disenfranchisement increases “the social distance between the offender and the community, and reaffirms his/her feelings of alienation and isolation. This may impede his/her acceptance and respect of the social norms and rule of law” (Dhami, 2009, p. 10). Courts should strike down the limits on prisoner voting because it promotes inequality and prisoners own the right to vote. With this being done, this not only helps the prisoners reintegrate themselves into society, but it also does not go against their right and responsibility to vote. In order for this to happen, the United States should look to the policies Canada has implemented to guarantee current or former prisoners are able to express their right to vote which includes allowing the
The amendments prohibited all prisoners who were serving a sentence of imprisonment for a commonwealth, state or territory offence from voting in federal elections. Before
Vickie came to us through the prison advocacy networks as a woman with an interest in and commitment to human rights and freedom, and in particular her right as a prisoner. ’’ Vickie is also encouraged by other prisoners who also had their rights infringed to initiate legal action. Vickie Lee Roach challenged the validity of the 2006 amendments made to the Electoral Act 1918 (Cth), by the passage of the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth). The amendments prohibited all prisoners who are serving a sentence of imprisonment for a Commonwealth, state or territory offence from voting in federal elections.
He challenged the law that took away his right to vote while in prison, he argued that s.51(e) of The Canadian Elections Act violated his Charter Rights by excluding every person who is imprisoned in a correctional facility for the commission of any offence. Sauvé claimed that it contradicted s.3 of The Canadian Charter of Rights and Freedoms - Every citizen of Canada has the right to vote in an election of the House of Commons or of a legislative assembly. Sauvé was a citizen and as a citizen under the Charter, he was guaranteed the right to vote.
We see multiple successes of voting equality attempted through amendments, however, the Supreme Court’s decision on Shelby County v. Holder has pushed back years and years of effort for voting rights. Supreme Court’s 5-4 ruling was in Shelby County’s favor, stating that the Section 4 of the Voting Rights Act was unconstitutional along with Section 5. Chief Justice John G. Roberts Jr, who wrote the majority’s opinion, said that the power to regulate election was reserved to the states, not the federal government. As a result to the court’s decision, the federal government can no longer determine which voting law discriminates and can be passed. After the case, many states had freely passed new voting laws; the most common voting law states passed
As Texas law stands now, until a person completes their sentence they do not have the right to vote. Ex-convicts who have completed their time in
Six well-bred women stood before a judge in the Washington D.C. police court on June 27, 1917. Not thieves, not drunks, not prostitutes, like the usual attendants there. They included a university student, an author of nursing books, a prominent campaign organizer, and 2 former school teachers. All were educated accomplished and unacquainted with criminal activity, but on that day they stood in a court of law with their alleged offense, “Obstructing traffic”. What they had actually done was stand quietly in front of the White House holding banners, urging president Woodrow Wilson to add one sentence to the constitution: “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any account of sex”.
Voting means the right to choose and not being deprived of same on the basis of some kind of identity. In the recent years, state legislatures have implemented a law “Voter Identification”. These laws make the voters to show a proper identification card provided by the state that can identify the voter. In most of the cases the voter identification even requires a photo.
Thesis: It is very important for the sake of Americans tax dollars that we change the way that prisons are run and increase the productivity of inmates so when they are released from jail they are ready to be a productive member in society and have the confidence to achieve new goals. Introduction: Day after day, millions of inmates sit in jail doing nothing productive with their lives. We are paying to house inmates that may not even have a good reason to be there. For example, drug offenders are being kept with murderers and other violent offenders.
Prisoner goes to High Court to win right to vote Kenneth Nguyen April 25, 2007 Should prisoners be allowed to vote? Age readers decide. A prisoner is bringing a High Court case that could secure a historic right to vote for 20,000 of Australia 's prisoners.
In 1874, Susan B. Anthony was jailed for trying to exercise the right that all men were granted but every woman was denied, the right to vote (Document 1). Twenty six years earlier, the first women’s right movement convention was held to discuss the stark disparity between the genders. A fight that would last for seventy years, the fight for the vote, was a pivotal era in the fight for viewing women as equals. This was a fight against society that has little progress for a long time and the reasoning why is clear. The struggle of women is not a unique story, and the denial of suffrage and equality was led by men because of man's fear of losing power and control in society.
Figueroa v. Canada is an especially important example of the complexities of shifts to the Canadian electoral system and electoral reform in general (Katz, 2011). Figueroa v. Canada, a 2003 decision of the Supreme Court to remove the previous requirements for political parties to nominate 50 candidates in unique constituencies to receive registered party status. This case, being the only case in Canadian history to require legislative amendments on four occasions, was built around the leader of the Communist Party of Canada, Miguel Figueroa, and his desire to have his party’s name established on the ballot for the upcoming election at the time. The resulting decision of 50 candidates being unconstitutional has carried major implications for future changes to the electoral system. While this decision of the Supreme Court of Canada does not directly affect the specific electoral reform issue of the electoral system, this case directly shows the complexities of working around specifically stated measures within Canadian jurisprudence.
The judgment of those who have committed serious crimes is not only arguable but untrustworthy. The right to vote should not return to felons upon completing their sentence because, there is no way of knowing if the individual has since improved their character. Ex cons should have to go a certain amount time without committing any sort of crime before voting rights are restored. While some may feel not permitting felons to vote goes against the eighth amendment, not allowing them to vote is in the people’s best
This preconceived notion could not be farther from the truth. In reality, these reform movements are idiotically placing a bandaid over the tremendous issue that the prison system is. An imbalance of reforms between women and men, unrestrained sexual abuse in women’s prisons, and tyrannical gender roles are just three of countless examples of how prison reform movements only create more misfortune and fail to provide any real solution to worsening prison conditions. Perhaps instead of conjuring up additional ideas on how to reform prisons, America’s so-called democratic society should agree upon abolishing prisons as a whole. This being said, it is crucial to identify ongoing issues in today’s society, understand how they contribute to unlawful behavior, and seek a solution.
Secondly, they are doing a good job trying to get voting online, even though there are many security problems there is always a way. Since it is specifically designed for all citizens then advocates can create a plan by assigning every citizen a specific voter number like social security number, where these information’s are kept secure. Allowing criminals to vote during their sentence does not sound quite accurate since it is part of their punishment for not being a respective citizen of United States.
They do not get the right to vote, why should they be able to break the law whenever they please to have it function when it benefits them? The moment they break the law, it should no longer be able to be used to their advantage. However, it has been stated that some of those prisoners are innocent and do not deserve to be cut off from the world 's biggest decision involving citizens. As a result of this it has been impossible to take a decision on this matter, can we really put the future of multiple countries into jeopardy for a small amount of the population, which claims to be innocent which may or may not be true? Even if innocents should get the right to vote, this decision is too important to risk a disaster to make a minuscule amount of the population prosper.