Where are voting rights for ex-felons?
By Derrick Z. Jackson, Globe Columnist | November 16, 2005
AS WE claim to be spreading democracy to Iraq and Afghanistan, we continue to deny full voting rights at home. This week the Supreme Court refused to hear a challenge to the Florida law that bars felons who have served their time from voting.
The law goes back to 1868 when white political forces did everything they could to block freed slaves from voting during Reconstruction. A class-action challenge to the law was filed on behalf of 600,000 former felons in Florida just before the bitter 2000 presidential election, one marred by bitter claims of hundreds of black people mistakenly purged from voter rolls in Florida, many of them because they were listed as felons.
President Bush was handed the presidency by the high court, which froze the Florida recount with Bush holding a 537-vote lead.
The state of Florida argued that it modernized the law in the 1960s in such a way that it had no ties to the racism of 1868 and said that felons today can appeal for clemency to restore their vote.
A lawyer for the ex-felons, Catherine Weiss, saw it much differently. ''The court not only missed an opportunity to right a great historic injustice, it has shut the courthouse door in the face of hundreds of thousands of disenfranchised citizens," she said.
The court not only missed an opportunity, it reaffirmed an American hypocrisy. We are a nation that claims you are innocent until proven guilty, but the high court lets states declare you guilty forever.
Fortunately, most states have now rescinded permanent bans on voting by ex-felons.
Only Florida, Kentucky, and Virginia, which all happen to be former Confederate states, cling to lifetime bans that can only be changed through individual appeals.
But for even three states to have the ban risks tipping the hand of democracy, especially when the disenfranchised people with prison records may be majority white but disproportionately black. No one knows where we would be at this moment if all ex-felons had the right to vote in Florida in 2000.
The high court's latest statement of disinterest in ex-prisoner rights comes as the Sentencing Project, the nation's think-tank that believes America has abused incarceration as a solution to crime, is publishing a report this week that finds that the nation continues to incarcerate people despite dramatic drops in violent crime.
The report, using federal statistics, found that violent crime and property crime have declined by 33 percent and 23 percent, respectively, since 1994. But incarceration rates since 1994 shot up in 24 percent. Some get-tough-on-crime proponents use such simple figures to claim their policies work.
The Sentencing Project looked beneath the surface to find something else. It found that from 1991-1998, states that were below the average national rate of incarceration saw crime decrease by 17 percent. States that were above the national rate of incarceration saw crime decrease by only 13 percent. That means there are factors much more complex than just throwing away the key that account for drops in crime, such as an improved economy, church organizing, and community policing.
With the declines in violent crime, the jails are being filled with nonviolent offenders, most of whom would be better served by education, rehabilitation, and maintaining connections with families than being isolated and being taught how to become more mean.
The number of drug offenders in jails and prisons has grown eleven-fold since 1980 to 450,000. The imbalance has reached unconscionable levels. In federal prisons, only 13 percent of inmates are there for violent crimes compared with 55 percent who are there for drug offenses. In 1980, only 25 percent of federal inmates were drug offenders.
In a system in which the prison-building boom of the 1990s demands fresh inmates, the percentage of low-level street sellers and couriers -- who are often under severe threats of intimidation -- shot up dramatically. Even though Americans use illegal drugs at roughly the same percentage as their racial group, African-Americans and Latinos -- because they have been easier to sweep off the streets than a suburban white coke snorter behind a fenced-in lawn -- remain vastly overrepresented in the system.
Even though crime has gone down, the prison population has risen to 2.1 million from 330,000 in 1972.
Even though felons have served their time, the Supreme Court says Florida can still ban them from voting.
If you are to judge a nation by how it treats the lowest among us, the United States still refuses to take the highest road to democracy.
Derrick Z. Jackson's e-mail address is jackson@globe.com.
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