Prisoners and the right to vote

There is a hot debate taking place regarding Bernie Sanders’s suggestion that people in prison should be able to vote. His statement is causing an uproar and I found that even some of my liberal friends whom I respect very much are strongly arguing against such policy.

I disagree with the critics of this policy on two fronts.

First, as a political matter this issue is probably a non-starter and certainly not one that will gain traction in national politics except as a way to bang up Bernie a bit. That said, it has traction at the state level. It is being debated and the arguments for reinstating the rights of those wo were incarcerated are being reflected in changing public policies. The most recent example is Florida, of all places, which voted 65% in favor of Amendment 4 to allow people convicted of a felony – except murder or sexual abuse –  to regain their voting rights after the completion of their sentences.

I had the opportunity to volunteer in the GOTV campaign for a few candidates in Florida right before and during election day. This was one issue that was important not only to the black community but to all communities given the overwhelming support the amendment received.

The second and more important point I want to make has to do with justice.

I think it is natural for most of us to feel some kind of way about “criminals” having the right to vote. It is a fair question to ask whether someone who had committed a crime and was found guilty should have the right to vote from the jail cell. In fact, one could argue that the whole point of incarceration is to punish the offenders. Indeed, the harshest punishment that can be inflicted on a human being is to take away their freedom and sometimes even their lives.

Whether such persons are deserving the right to vote is a fair question to debate but as we do we should and many have questioned a lot of other “privileges” prisoners are receiving. This could force us to reconsider why they have a nice "place to live" when there is homelessness, why three squares when school children are going without, why give them access to books or televisions? Why do they need to exercise?

On its face, the answer is simple, we do so because it is the law. Despite losing some rights, prisoners are protected by the Eighth Amendment', which prohibits “cruel and unusual” punishment. These rights evolved over many years and society has come a long way from the Victorian days when prisons were unhealthy, insanitary and over-crowded places where people went to rot. We changed because we believe in redemption.  We changed because those who were incarcerated are expected to reintegrate society.

It is interesting to note that as the debate rages, states are building prisons as a business. Prisons are a particularly good business for small rural town that oddly enough would close down were it not for prisons and immigrants. Those small rural communities’ benefit from the prison industry in a number of ways. They not only continue to survive but including those prisoners as “resident” in the census allows them to maintain their district status. This translates into real dollars and sense when it comes to the allocation of state and federal resources. Once again, black and brown bodies are used for profit.

As we engage in a debate on this issue it is important to remember Benjamin Franklyn’s words when he argued that “it is better a hundred guilty persons should escape than one innocent person should suffer.” This is a particularly important point what we know and have now dubbed as “the school to prison pipeline”. This pipeline is mixed with poverty to feed the high incarceration rates of people of color for minor offenses. Poverty means lack of bail money, lack of access to legal representation which leads to desperation and many of our young people pleading to unfair deals.

According to the NAACP, “Nationwide, African American children represent 32% of children who are arrested, 42% of children who are detained, and 52% of children whose cases are judicially waived to criminal court.

The Innocence project has helped to exonerate 365 people, including 20 who served time on death row. We cannot turn our eyes and act like we don’t see those people who we considered hardened criminals who served sometimes 20, 30 and 40 years in prison for crimes they did not commit. If we fight for justice then we cannot have a debate about this issue of voting for prisoners without thinking of those innocent people.

The justice argument is not that the guilty ones are deserving, which given our evolution over time we have agreed that – they do! But the simpler argument is that we know that there are thousands of people in prisons today who are either wrongfully convicted or are sitting in jails and prisons because they are poor and even worst – because they are poor Blacks and Latinos.

As we approach the election period, it is important that we remember our fight is not just about who will become the next senator or President but it is a search for justice. Many states including Florida have laid out a road map for what is possible.

I will close by making the simple argument that justice demands: if there is just one innocent person in jail today – he or she deserves the right to vote.