The Effects of Felony Convictions

RaShawnda Anderson

Kaplan University

The Effects of Felony Convictions

The effects of felony convictions are a very hot topic in America. This is because there are many Americans that commit crimes and are punished yet still deal with the effects for years to come. Felons are a part of society and should be treated as such especially if they are reformed. A person can commit a crime that results in a felony and twenty years later still suffer the harsh reality of certain privileges being taken away. Yes, an individual should be punished for their crimes but the effects of a felony conviction should not include or affect that person’s right to vote, finding employment, or the pursuance of a higher education. According to Olivares, Burton, and Cullen (1996) upon release these offenders also deal with stigmas, loss of job opportunities, friendships, family relationships, and denial of civil rights. When it comes to the loss of job opportunities, a recent study has shown that most employers have hired at least one person with a felony conviction (Sawnson, Langfitt-Reese & Bond, 2012). Employers encourage job seekers with criminal records to be honest and willing to discuss their involvement with the justice system. Most employers did not have strict policies concerning hiring criminals and this is a plus. Convicted job seekers should follow standard job hunting techniques, but also be creative such as finding dependable references and making face-to-face contact. This should help the employer get a good idea of how the job seeker is trying to move forward and change their lives. Temporary job services often offer felons jobs and this could help them get the experience they need and references to re-enter the regular job market. There are day labor programs that allow felons and even non-citizens to find work. If an employer were to be asked if they would hire a felon the answer would probably be no, but if they get to know these people and realize that they are ordinary people trying to make it they just might change their minds. Voting has always been the highlight of being an American. This means we have the right to choose who will lead the great country we live in, but for some this does not ring true. For example before 2007, Florida was one of the three states that permanently disenfranchised all ex felons. People were showing up to the polls not evening knowing their status so to speak. These people wanted to vote and did not know they could not. For example, a forty four year old customer service attendant released in 2009 for a 2001 felony conviction stated that the State Elections Division said that his voting rights had been restored. Yet a few months later, he received another later stating that he was no longer eligible to vote. This had to be confusing because he received a voter’s registration card dated for 2011. Yvette Lewis fears that this is a trap set for felons that could result in more legal trouble, including voter’s fraud. Her suspicions are not unfounded. The Tampa Vote Fair has raised awareness concerning this potential pitfall. It also comes as a surprise that even state and local officials seem to be just as confused as everyone else ( Mock, 2012). Voting should be something that all citizens of American get a chance to experience. If a person commits a crime and cannot vote what is the difference between those that are not caught and vote. Does this make the one that is not caught better than the person that was punished for their crime? No, this is a clear miscalculation in the justice system.

Felons get a bad deal in so many ways including their right to pursue a higher education. According to Quinn and Ehrenfeld (1998), even non-felons feel the need to cheat on the financial aid application. They make themselves seem poor or in the bracket to receive these funds even if, they are not eligible. It has actually been easy to cheat. The schools have no sure-fire way of checking the claims made on an aid application. The government makes it a crime to misrepresent information, but people have not taken that very seriously. This is not true for a felon, especially if they have a drug conviction. This conviction can ultimately prevent this person from getting help with school and if they are accepted, they have to jump through all kinds of hoops. According to the US Department of Education, a felon may be eligible for aid if he completes an acceptable drug rehabilitation program. If an offender is on parole or probation with random drug testing, that documentation will be fine. In addition, the offense cannot have occurred during the year in which the student wishes to enter school. If a person is not convicted of a drug, related felony, their chances of getting financial aid are significantly higher if they fit into the right income bracket. This is a lot to go through, but for many felons it is worth it because they will do anything to become a first-class citizen again. In addition, some felonies are clearly worse than others are. This brings up the argument does the punishment fit the crime. For example, a sex offender and an embezzler are two different things and should have different consequences. The sex offender has committed a violent crime while the embezzler has not and they should not suffer the same consequences. Gov. Bev Perdue of North Carolina signed a bill that allows some non-violent felonies to be removed from an individual’s criminal history. This bill only applies to class H and I felonies, which are non-violent, that include: Breaking and entering, larceny, larceny of a firearm, receiving stolen goods, and some types of embezzlement. This bill does not only give second chances but helps people continue restoring their lives (Neely, 2012). Furthermore there are many more consequences that effect a felons smooth transition back into society such as denial of public housing, the right to bear arms, adopting and providing foster care, participating in private organizations, and receiving certain licenses and permits (Reinhart, 2003). These are all privileges that everyday Americans should get the opportunity to take advantage of but not felon’s, not only do they serve time in prison they seem to continue a sentence after being released. For example, public housing, now this individual has been incarcerated for ten years gets out and has nowhere to live. The best option would be public housing but because of their conviction, they could potentially be on the street. This could also lead to committing more crime thus becoming a habitual offender. A habitual offender is a person that has been convicted of a crime several times. This does not always mean the same crime (LaMance, 2012). One would like to think that many felons continuously commit crimes because of the harsh realities once they have returned form prison. This may ring true knowing what these people go through once they have committed a felony. Not all felons return to a life of crime but the majority of them do. That is clear to see with all the overcrowded prisons and jails around the world. It is hard to believe that human beings after punishment still have to face these kinds of trial and tribulations. Felons get a bad rap and some of these consequences are harsh to say the least. If just a few people would stand up and say this is not right there could possibly be some hope for those who feel hopeless. Through prison and upon release programs such as the United Defense of Drugs and crime many criminals have turned their lives around. This great cause not only believes in reformation but crime prevention. There needs to be more focus on reforming these criminals and not just punishing them. For example, some find that whooping a child is less effective than a well-learned lesson. As an unruly child, the remembrance of no television, a lot of reading, and reflection stands out and helped groom a better future. Although many felons have found their way back into society, this does not prove true for most. It has to be disheartening when an employer has to tell a felon he or she has the skills for the job, but the felony is a deal breaker or when they are turned away from the polls. There has to be a better way to punish these people instead of making it harder for them once they have moved on from that chapter in their lives. There are people who are living with effects of these felony convictions even twenty years after the incident. If lawmakers could take a second look at the way they punish felons this will be beneficial to society and there could potentially be less habitual offenders. Many felons get out of prison with a new attitude and a new outlook on life only to see that the world still sees them the same. Everyone makes mistakes and by law, some are worse than others are, but as an American citizen, there are certain rights that should not be taken away as a form of punishment. Felons are human beings and should not be judged solely on the crime they committed yet recognized for their effort toward change. This goes to say that felons should be punished for their actions and learn a valuable lesson at the same time. Criminals are people too and deserve a second chance and with the help of the American people, change can be made. This still begs the question of why there are so many disenfranchised felons and when is it going to change. There should be laws that give criminals a chance to change their lives and not have to deal with the stigmas that linger after punishment. Some criminals lack the understanding of the rights that will be revoked once the decision to commit a crime has been made. If a person knew that they would not be able to vote, bear arms, love in public housing, receive financial aid, adopt or foster a child would they still commit the crime? The answer to this question may never be solidified but, raising awareness and continuing to fight for these rights should potential continue the rehabilitation process.

References

LaMance, K. (2012, May 30). What is a habitual offender?. Retrieved from

http://www.legalmatch.com/law-library/article/what-is-a-habitual-offender.html

Mock, B. (2012). Florida's felonious voting trap. Nation, 295(16), 15-18.

Neeley, O. (2012, July 18). Perdue signs law to permit expunging some felonies. Wilson Daily

Times (NC).

Olivares, K. M., Burton Jr, V. S., & Cullen, F. T. (1996). Collateral Consequences of a Felony

Conviction: A National Study of State Legal Codes 10 Years Later, The. Fed. Probation,

60, 10.

Quinn, J., & Ehrenfeld, T. (1998). Parents as felons. Newsweek, 132(3), 45.

Reinhart, C. (2003, March 28). Consequences of a felony conviction. Retrieved from

http://www.cga.ct.gov/2003/olrdata/jud/rpt/2003-r-0333.htm

Swanson, S. J., Langfitt-Reese, S., & Bond, G. R. (2012). Employer attitudes about criminal

histories. Psychiatric Rehabilitation Journal, 35(5), 385-390. doi:10.1037/h0094498

Dear ADA Kenneth Davis,

I am writing this letter because I believe felons have a hard time merging with society and there are some personal effects that need to be addressed.

Jeff Manza, PhD, Professor of Sociology and Political Science, and Associate Director and Faculty Fellow at the Institute for Policy Research at Northwestern University, and Christopher Uggen, PhD, Distinguished McKnight Professor of Sociology at the University of Minnesota, stated in their 2006 book Locked Out: Felon Disenfranchisement and American Democracy:

"Ex-offenders face legal restrictions on employment, they lack access to public social benefits and public housing, they are ineligible for many educational benefits, and they may lose parental rights. In many states, their criminal history is a matter of public record, readily searchable for anyone who wants to know.

Research on the lives of ex-offenders has consistently demonstrated they have difficulty finding jobs and a safe place to live, reconnecting with their friends and families, and making their way in a world where they are branded, often for life, by the stigma of a criminal conviction."

This is why I believe there are some laws that need to be adjusted. Thank you for your time and cooperation.

Regards,

RaShawnda Anderson

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Reflection

My writing experience has been a struggle thus far. I feel as though I have come a long way and I am making great strides towards the future. There have been so many positive comments and feedback on all my work and I have applied it to my writing. Although I have not yet mastered the art, I am making steady progress and I am proud of myself for it. I learned that the process of writing takes great patience and revision. I have learned that reading aloud is helpful to my writing. I still have many kinks that I have to work out and I know in the future I will gain the knowledge to continue on this journey.