Felony Disenfranchisement In America

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.

The Lawrence and Lynne Brown Democracy Medal, presented by the McCourtney Institute for Democracy at Penn State, recognizes outstanding individuals, groups, and organizations that produce innovations to further democracy in the United States or around the world. Voting is foundational in a democracy, yet over six million American citizens remain stripped of their ability to participate in elections. Once convicted of a felony, people who complete their sentences reenter society, but no longer with the civil rights they once had. They may return to school, secure employment to provide for their families, and become law-abiding, tax-paying citizens—sometimes for decades—and still be denied the voting rights afforded to every other citizen. Desmond Meade, director of the Florida Rights Restoration Coalition and a returning citizen himself, played an instrumental role in the landslide 2018 Amendment 4 victory in Florida, which used the ballot box to restore voting rights to 1.4 million Floridians with a previous felony conviction. Meade argues how, state by state, America can do better. His efforts in Florida present a compelling argument that creating access to democracy for those living on the fringes of society will create a more vibrant and robust democracy for all. He is the winner of the 2021 Brown Democracy Medal for his continuing work to restore voting rights and connect Americans along shared social values.

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.

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.

A critical analysis of the consequences of felony disenfranchisement laws that prohibit people in prison or on parole from voting cites the laws' origins in the post-Civil War segregationist South, in an account by an award-winning journalist that also profiles Americans who are trying to reverse current policies.