- Jul 22, 2016
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- #161
/—-/ And in addition, convicted felons tend to vote democRAT.Highly unconstitutional in my opinion.
Someone who steals a car when they are 17 because they were stupid should not be punished for the rest of their life.
A felony-level criminal can join the military and serve their country then they should be able to vote.
I don't think they should lose the right to vote at all, even while incarcerated. You don't lose the fundamental right to marry while incarcerated so why should you lose the fundamental right to vote?
I'd like to see these laws challenged.
I have no problem with them not being able to vote while incarcerated, then again I would not allow them to marry either.
And while we're at it, let's also suspend their right to free speech, their protection against self incrimination, their right to a lawyer, their protections against cruel and unusual punishment....hell, let's go ahead and just eliminate their right to life altogether.
That is what people like DOTR would like. No guns, no voting, no free speech, no private property.
You're no better. If you will arbitrarily remove one right just because you can, what's to stop yo from doing the same with other rights? Depriving someone of their rights as punishment for a crime must have a logical basis that contributes to the well being of society. If not, then it's nothing more than a petty tyranny.
The most serious removal or rights is a death sentence, which is [allegedly] valuable to society in that it eliminates the most exceptional dangerous risks faced by society. The effectiveness of the death penalty, and even the appropriateness of its continued use, may be open for debate. But there is no doubt that applying the death penalty as mere legislative or judicial vengeance would be tyranny. The same requirements apply to any other deprivation of rights.
Do you even understand why voting rights are taken away from felons in the first place? It's an old (largely outdated) principle that equates felonies with dishonesty, itself being rooted in the vision of government being divinely established to execute God's will. Serious sin equated to serious crimes, and therefore indicated a severe lack of moral character. Felons were, therefore, people who engaged in the kind of serious offenses that made them wholly and eternally untrustworthy and beyond redemption.
As such, convicted felons were expected to wear an eternal stigma the rest of their lives. They were not suitable for jury duty, nor was their witness testimony admissible in a court preceding. They could be precluded from holding public office and other penalties as well. All of this was based on the premise that their bad moral character made them entirely untrustworthy and beyond redemption.
Over time, this idea has gradually been abandoned. Felons were eventually allowed to testify as witnesses in court, and though their felony history was admissible for purposes of impeaching their testimony a jury was now able to decide for themselves if they found the testimony credible. New rules and precedents would place limitations on how a past conviction could be invoked for impeachment, such as limiting the scope only convictions within the past ten years and excluding convictions that would be more prejudicial than of probative. These new rules indicated a rejection of the beyond redemption hypothesis.
Nowadays, crime is largely (though not entirely) treated as a function of willful behavior, and less as a function of inherent character. People don't become criminals because the devil made them do it, they become criminals because they choose to engage in behaviors that have (allegedly) harmful consequences for society. The deprivation of rights as punishment is based on the removal of the individual from society during incarceration, while upholding the individual's personal rights otherwise. So the convict can be detained and held, they can be denied the right to vote while incarcerated (because they aren't a member of society while incarcerated), and otherwise have their freedoms limited based on "the context of their surroundings." But they cannot be denied rights when there is no substantive benefit to society in general to be gained. Society gains nothing by depriving an inmate of the right to marry.
The problem with post-incarceration denial of rights stems from this and other transitions in the concepts of felony criminal behavior, and its rightful punishments. What constitutes a felony in modern times has very little to do with the value of a person's character, and increasingly has less and less to do with severity of harm to society caused by a behavior. Instead, felony classification has been transitioning into a largely deterrent mechanism, and/or a classification for the severity of sentencing that has been statutorily made available (again, mostly with an aim at deterrence). Non-felonies can often become felonies through escalating classifications for repeat offenses, leading to an increasing proportion of the population to have their rights deprived by decree.