CreativeDominant
Posts: 11032
Joined: 3/11/2006 Status: offline
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quote:
ORIGINAL: Lucylastic Being an ex-felon, means he has "paid" his debt to society, thats why they call it EX... WHy shouldnt they get their rights back? like your EX spouse, you have to live with the fact that you made a mistake, but they are not your spouse. Btw, Recidivism rates are what?????? It still leaves most of those convicts without a vote because "someone else might repeat their crime". Why is there recidivism??? Obviously some people will commit crime no matter their social standing, or economic status, or even their mental status, otherwise only poor people would be in jailOh and not all EX felons are violent. Recidivism occurs for many reasons. Start a thread. But the topic is voting. It started with MrRogers skewed logic regarding ex-convicts so: TRUSTING A FELON'S JUDGEMENT CON: "We don't let children vote, for instance, or noncitizens, or the mentally incompetent. Why? Because we don't trust them and their judgment... So the question is, do criminals belong in that category? And I think the answer is clearly yes. People who commit serious crimes have shown that they are not trustworthy." Roger Clegg, JD President and General Counsel of the Center for Equal Opportunity Debate held by the Legal Affairs Debate Club Nov. 1, 2004 FELON DISENFRANCHISEMENT AND RACE CON: "Upon my election as attorney general, I inherited clemency rules that allowed the vast majority of felons to have their civil rights restored upon the completion of their criminal sentence, without the need to apply and without any mandatory waiting period... Last week [Florida]... reinstated a requirement that those seeking restoration submit an application and imposed a minimum five-year waiting period… For those who may suggest that these rule changes have anything to do with race, these assertions are completely unfounded. Justice has nothing to do with race. In a recent case, the 11th U.S. Circuit Court of Appeals examined the historical record and soundly rejected the argument that Florida's prohibition on felon voting was originally motivated by racial discrimination." Pam Bondi, JD Florida Attorney General "Clemency Shift Upholds Rule of Law," www.tampabay.com Mar. 16, 2011 CONGRESSIONAL AUTHORITY OVER VOTING CON: "Most prominently, the 14th Amendment makes felon voting a state prerogative, not a federal one... The senators' bill [Count Every Vote Act of 2005], by contrast, tosses out the Constitution and declares in no uncertain terms that felon voting should be a federal issue... If voters choose to change state laws regarding felons and voting, it's their prerogative. Federalism allows for such state-level experimentation, and it's at the state level where the consequences of new felon-voting laws will best be judged. Congress should let the process play itself out, as the Constitution allows it to." Washington Times "Felons and Democratic Politicking," www.washingtontimes.com Mar. 8, 2005 The VOTING RIGHTS ACT OF 1965 CON: "The Court of Appeals (José A. Cabranes, Circuit Judge) concludes that the Voting Rights Act must be construed to not encompass prisoner disenfranchisement provisions such as that of New York because (a) Congress did not intend the Voting Rights Act to cover such provisions and (b) Congress made no clear statement indicating an intent to modify the federal balance by applying the Voting Rights Act to these provisions... [T]here are persuasive reasons to believe that Congress did not intend to include felon disenfranchisement provisions within the coverage of the Voting Rights Act, and we must therefore look beyond the plain text of the statute in construing the reach of its provisions... We therefore conclude that [The Voting Rights Act] was not intended to - and thus does not - encompass felon disenfranchisement provisions." Hayden v. Pataki (404 KB) 8-5 decision United States Court of Appeals for the 2nd Circuit May 4, 2006 CONSTITUTIONALITY CON: "Unlike any other voting qualification, felon disenfranchisement laws are explicitly endorsed by the text of the Fourteenth Amendment.... They are presumptively constitutional. Only a narrow subset of them - those enacted with an invidious, racially discriminatory purpose - is unconstitutional." Alex Kozinski, JD Circuit Judge, U.S. 9th Circuit Court of Appeals Dissent (97 KB) in Farrakhan v. State of Washington Feb. 24, 2006 VOTING WHILE IN PRISON: CON: "[P]rison is meant to be a punishment. A custodial sentence has always resulted in loss of freedom and loss of democratic rights for the duration of a prisoner's sentence. Why change that?... The main point of a prison sentence is to show the offender and society as a whole that criminal behaviour results in loss of freedom and most of the rights that freedom offers." Jonathan Aitken, JD Member of British Parliament and a convicted felon "Prisoners Don't Care About Their Right to Vote," UK Telegraph, Dec. 15, 2006 AUTOMATIC RESTORATION OF THE VOTE CON: "Felons seeking restoration of rights will also be required to demonstrate that they desire and deserve clemency by applying only after they have shown they are willing to abide by the law... Restoration of civil rights will not be granted ‘automatically’ for any offenses... The Restoration of Civil Rights can be a significant part of the rehabilitation of criminal offenders and can assist them in reentry into society. It is important that this form of clemency be granted in a deliberate, thoughtful manner that prioritizes public safety and creates incentives to avoid criminal activity." Rick Scott, JD Governor of Florida "Governor Scott and Florida Cabinet Discuss Amended Rules of Executive Clemency," fpc.state.fl.us Mar. 9, 2011 VOTING BEFORE FINES AND RESTITUTION PAID CON: "Felons seeking restoration of rights will also be required to demonstrate that they desire and deserve clemency by applying only after they have shown they are willing to abide by the law... Restoration of civil rights will not be granted ‘automatically’ for any offenses... The Restoration of Civil Rights can be a significant part of the rehabilitation of criminal offenders and can assist them in reentry into society. It is important that this form of clemency be granted in a deliberate, thoughtful manner that prioritizes public safety and creates incentives to avoid criminal activity." Rick Scott, JD Governor of Florida "Governor Scott and Florida Cabinet Discuss Amended Rules of Executive Clemency," fpc.state.fl.us Mar. 9, 2011 SOCIAL CONTRACT THEORY CON: "As a policy justification, Locke's social contract theory has withstood the test of time; it served a rationale for the enactment of felon disenfranchisement laws in the past, and remains a compelling argument today. When someone commits a crime, he commits it not just against the victim, but against our entire society. Protests that time served is enough, and that society should prioritize the rehabilitation and reintegration of felons should fall on deaf ears. Opponents of disenfranchisement claim that the inability to vote stymies felons' 'remittance into a law-abiding society.' Yet they neglect to explain why the tonic of voting did not curtail felons from committing crimes initially." George Brooks, JD Attorney "Felon Disenfranchisement: Law, History, Policy, and Politics," Fordham Urban Law Journal 2005 (I love this last one ) FELONS AND POLITICAL PARTY AFFILIATION CON: "We know for a fact that nonunion, blue-collar, Caucasian men vote very disproportionately Republican, and when you look at the felon population in the state of Washington, they are overwhelmingly nonunion, blue-collar, male Caucasians." Paul Berendt Former Washington State Democratic Party Chairman "Democrats Flag 743 Votes They Say Felons Cast," Seattle Times May 7, 2005 All of the above...along with PRO arguments can be found here: http://felonvoting.procon.org/view.resource.php?resourceID=000283 I agree with the above. You might agree with the pro side.
< Message edited by CreativeDominant -- 8/1/2016 4:50:35 PM >
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