Tuesday, July 29, 2008

Felon disenfranchisement

America has many unique phenomenon, some of which seem strange to outsiders. After all, the American love of baseball, basketball, and its own form of football and ice hockey over association football can be seen as a curiosity for strangers from other parts of the world. Most of these differences seem harmless to people not used to American eccentricities. However, at least one of these phenomenons, felony disenfranchisement carries serious implications for American democracy, not only because of its implicit restrictions on universal suffrage, but also because of the lack of justification for it.

The only supposed reason to prevent former criminals from voting is the fact that they were criminals at one point. However, in a democratic society, this is not a justifiable reason. Though it could be argued that their violation of the state’s laws justifies punishment, that punishment was given out in the form of the restriction of their freedoms, either through mandatory service or jail time. As a result, to further restrict their freedoms in a manner unrelated to their crimes is unnecessary and an infringement of rights. Unless the criminal committed electoral fraud, restricting his right to vote is arbitrary because the punishment in that format doesn’t fit the crime that the criminal has committed.

Indeed, these days the only reason to restrict the right to vote is a sense of disgust at criminal behavior: such a feeling cannot be the sole basis for restricting suffrage. Furthermore, it just doesn’t feel right: restricting a person’s right to vote based on a crime they committed 10, 20, or even 50 years ago seems to fall under the definition of cruel and unusual punishment forbidden by the 8th Amendment to the Constitution. As a result, the answer is clear: remove ban on voting due to a felony record for crimes other than electoral fraud and related violations. It’s the democratic thing to do.

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