Barred from the Vote: Public Attitudes Toward the Disenfranchisement of Felons

摘要: In the United States, except for slaves, servants, and paupers fed by township, no one is without a vote and, hence, an indirect share in lawmaking. (1) --Alexis de Tocqueville The right to freely candidate of one's choice essence democratic society, any restrictions on that strike at heart representative government. (2) --Reynolds v. Sims INTRODUCTION If ex-felons had been able Florida during presidential election 2000, several scholars commentators tell us, Al Gore would have defeated George W. Bush between 10,000 85,000 votes. (3) According best available estimates, Florida's law, which all practical purposes bars from ever voting again, (4) kept over 525,000 people, 5% state's age population, away polls this last election. (5) Nationally, according Sentencing Project, (6) estimated 3.9 million U.S. citizens (one fifty adults) are disenfranchised, including who fully completed their sentences. (7) Perhaps most startling, 13% African-American men States (1.4 million) representing 36% total disenfranchised population. (8) This Essay explores surprisingly understudied issue: public attitudes toward disenfranchisement felons. While forty-eight states restrict (or revoke entirely) felons vote, (9) there remarkably little social scientific discussion rationale, effects, understanding or acceptance felony disenfranchisement. Law review articles discuss justifications legal strategy, (10) some scientists begun assess impact these laws nationwide. (11) Our survey data represent first comprehensive assessment support practices sort. Curiosity caused us embark upon project. our preliminary research involved state legislative histories, we then assessed public's of, for, practices. Do Americans even know about laws? "speak" people sense? And, perhaps importantly, can identify reasoning upholds attitudes? Americans, assumed, generally value "justice" "rights" expect system protect both. Yet, is, America, also commitment notions personal responsibility citizenship; (12) implying rights compel duties, those violate rules order punished accordingly. (13) Thus, believed accept idea "do crime" should time." But, wondered, what happens when "time" up? Would remain continuing punish served sentences were returned society as free citizens? We begin with overview various laws, significant political issues they implicate, move primary questions, theory, methods, subsequently findings. Finally, explore policy implications propose directions future study. I. OVERVIEW: LAWS, ISSUES, AND IMPACT Currently, District Columbia disenfranchise convicted phase criminal justice process. (14) Thirty-two prohibit while parole twenty-eight exclude probationers well. (15) significant, thirteen permanently ex-felons. (16) Eight categorically offenders, aspects sentences, four other ex-offenders, (17) withholds franchise period five years completion sentence. …