Should Ex-Felons be Able to Vote?

 Posted on March 03, 2014 in Illinois Laws

An article recently published by MSNBC explored the possibility for formerly incarcerated individuals to have rights restored that were previously made unavailable to them.

Criminal Justice Symposium

According to a speech Attorney General Eric Holder delivered at a bipartisan criminal justice symposium, the attitude toward disenfranchisement of those previously in prison is starting to be considered unnecessary, unethical, and not productive at all. He said that the laws were based on outdated notions rooted in exclusion and fear and, more seriously, have a disparate impact on minorities. The symposium, hosted by the Leadership Conference for Civil and Human Rights, is evidence of the push from civil rights groups for reform of the criminal justice system.

Issues Result from Current Criminal Justice System

Part of the problem is the large number, over 1.5 million, of people who are incarcerated in the United States. Almost six million have lost the right to vote as the result of laws that apply to those previously in prison. Legislators are working on laws to lower required minimum sentences at the federal level and grant judges more freedom in handing down extreme sentences.

On the state level, government leaders have made budget cuts by decreasing prison populations. Civil rights groups are hoping that current low crime rates are an indication that the time is right for changes to the criminal justice system.

Criminal Justice Reform a Bipartisan Issue

It seems that criminal justice reform is a subject both political parties can support. Last month, the Smart Sentencing Act was passed by the Senate Judiciary Committee. It is means to reduce the federal mandatory minimum sentences associated with certain drug crimes not involving violence, make certain defendants eligible for reduced sentences, and make the law retroactive which reduces the disparity in sentencing conditions for crack and powder cocaine. While the bill’s passing is positive evidence of bipartisan support, there is not as much agreement regarding increased punishment for crimes involving terrorism, domestic assault, and sexual violence against women.

Bipartisan Support may be Fragile

Still, given the current climate of combined low crime rates and economic concerns, this is seen as an opportunity to make changes that some considered long overdue. Not only will changes to the criminal justice system mean direct effects for the system itself, but indirect effects are also certain. For example, the article states that currently, the number of children in the United States with an incarcerated parent is about equal to the population of Chicago. There is a concern that the perceived agreement between parties regarding criminal justice is delicate and may be fleeting if other criminal matters are introduced and considered by Congress.

These and other changes in the criminal justice system and criminal laws in the state of Illinois are important and could affect your rights. An experienced criminal defense attorney is responsible for keeping informed about changes in the law and procedure. If you or someone you know is charged with a crime in the state of Illinois, contact us today for a consultation.