African American Felon Disenfranchisement

Utilizing a field study on felons that were within one year of completing incarceration, Pinkard analyzes the legal history, constitutionality, conflicting laws, political, and life chance consequences of felon disenfranchisement laws on African American felons and the African American community. Research and data presented in this book indicate that: felon disenfranchisement is based on moralistic beliefs, modern racism, and stereotypes about human differences and that permanent political marginalization of a particular segment of American society not only negates democracy in principle by diluting voter participation and equal representation but also assures the debasement of specific segments of society and the life chances of African Americans in particular.

State felony disenfranchisement laws that date back to Reconstruction fracture the American electorate into “those who are citizens in the fullest sense of the term,” in Aristotle’s words, and those who, deprived of political voice, still have the status of slaves. The existence of this "invisible constituency"—approximately 5.8 million or 2.5% of the national voting population—who live alongside the “ruling” enfranchised electorate—is one of the scandals of our generation. In this second edition of Felony Disenfranchisement in America, Katherine Irene Pettus draws on philosophy, history, law, and punishment theory to make the compelling argument that state disenfranchisement policies have collective moral and political significance that transcends the personal tragedy of being legally deprived of full citizenship status. Pettus argues that the war on drugs, mass incarceration, and racially unbalanced disenfranchisement rates distort and disfigure the body politic as a whole, and undermine the legitimacy of the domestic and foreign policies promulgated by our elected representatives.

"Mr. Manza and Mr. Uggen... wade into one of the most contested empirical debates in political science: How many (if any) recent American elections would have gone differently if all former felons had been allowed to vote?"--The Chronicle of Higher Education. Jeff Manza and Christopher Uggen, who understand the vastness of the jailers' reach, follow the story out of the cell and into the voting booth. Locked Out examines how the disenfranchisement of felons shapes American democracyhardly a hypothetical matter in an age of split electorates and hanging chads.... Exacting and fair, their work should persuade even those who come to the subject skeptically that an injustice is at hand.The New York Review of Books. 5.4 million Americans--1 in every 40 voting age adultsare denied the right to participate in democratic elections because of a past or current felony conviction. In several American states, 1 in 4 black men cannot vote due to a felony conviction. In a country that prides itself on universal suffrage, how did the United States come to deny a voice to such a large percentage of its citizenry? What are the consequences of large-scale disenfranchisement--for election outcomes, for the reintegration of former offenders back into their communities, and for public policy more generally? Locked Out exposes one of the most important, yet little known, threats to the health of American democracy today. It reveals the centrality of racial factors in the origins of these laws, and their impact on politics today. Marshalling the first real empirical evidence on the issue to make a case for reform, the authors' path-breaking analysis will inform all future policy and political debates on the laws governing the political rights of criminals.

The book analyzes a contemporary policy question at the nexus of democracy, criminal justice, and constitutional citizenship.

At the start of the twenty-first century, 1 percent of the U.S. population is behind bars. An additional 3 percent is on parole or probation. In all but two states, incarcerated felons cannot vote, and in three states felon disenfranchisement is for life. More than 5 million adult Americans cannot vote because of a felony-class criminal conviction, meaning that more than 2 percent of otherwise eligible voters are stripped of their political rights. Nationally, fully a third of the disenfranchised are African American, effectively disenfranchising 8 percent of all African Americans in the United States. In Alabama, Kentucky, and Florida, one in every five adult African Americans cannot vote. Punishment and Inclusion gives a theoretical and historical account of this pernicious practice of felon disenfranchisement, drawing widely on early modern political philosophy, continental and postcolonial political thought, critical race theory, feminist philosophy, disability theory, critical legal studies, and archival research into state constitutional conventions. It demonstrates that the history of felon disenfranchisement, rooted in postslavery restrictions on suffrage and the contemporaneous emergence of the modern “American” penal system, reveals the deep connections between two political institutions often thought to be separate, showing the work of membership done by the criminal punishment system and the work of punishment done by the electoral franchise. Felon disenfranchisement is a symptom of the tension that persists in democratic politics between membership and punishment. This book shows how this tension is managed via the persistence of white supremacy in contemporary regimes of punishment and governance.

Named one of the most important nonfiction books of the 21st century by Entertainment Weekly‚ Slate‚ Chronicle of Higher Education‚ Literary Hub, Book Riot‚ and Zora A tenth-anniversary edition of the iconic bestseller—"one of the most influential books of the past 20 years," according to the Chronicle of Higher Education—with a new preface by the author "It is in no small part thanks to Alexander's account that civil rights organizations such as Black Lives Matter have focused so much of their energy on the criminal justice system." —Adam Shatz, London Review of Books Seldom does a book have the impact of Michelle Alexander's The New Jim Crow. Since it was first published in 2010, it has been cited in judicial decisions and has been adopted in campus-wide and community-wide reads; it helped inspire the creation of the Marshall Project and the new $100 million Art for Justice Fund; it has been the winner of numerous prizes, including the prestigious NAACP Image Award; and it has spent nearly 250 weeks on the New York Times bestseller list. Most important of all, it has spawned a whole generation of criminal justice reform activists and organizations motivated by Michelle Alexander's unforgettable argument that "we have not ended racial caste in America; we have merely redesigned it." As the Birmingham News proclaimed, it is "undoubtedly the most important book published in this century about the U.S." Now, ten years after it was first published, The New Press is proud to issue a tenth-anniversary edition with a new preface by Michelle Alexander that discusses the impact the book has had and the state of the criminal justice reform movement today.

An answer to the assault on voting rights—crucial reading in light of the 2020 presidential election The Voting Rights Act of 1965 is considered one of the most effective pieces of legislation the United States has ever passed. It enfranchised hundreds of thousands of voters, particularly in the American South, and drew attention to the problem of voter suppression. Yet in recent years there has been a continuous assault on access to the ballot box in the form of stricter voter ID requirements, meritless claims of rigged elections, and baseless accusations of voter fraud. In the past these efforts were aimed at eliminating African American voters from the rolls, and today, new laws seek to eliminate voters of color, the poor, and the elderly, groups that historically vote for the Democratic Party. Uncounted examines the phenomenon of disenfranchisement through the lens of history, race, law, and the democratic process. Gilda R. Daniels, who served as Deputy Chief in the United States Department of Justice Civil Rights Division and has more than two decades of voting rights experience, argues that voter suppression works in cycles, constantly adapting and finding new ways to hinder access for an exponentially growing minority population. She warns that a premeditated strategy of restrictive laws and deceptive practices has taken root and is eroding the very basis of American democracy—the right to vote!

Living in Infamy uncovers the origins of felon disfranchisement and traces the expansion of the practice to felons regardless of race and its spread beyond the South, establishing a system that affects the American electoral process today.