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Jilver Mazariegos
Scott Learner
Writing 39C
19 August 2015
Second Class Citizenship Policy Implications
The undermining social and political dilemmas that has been placed by a criminal justice
system serves as a reminder as much as civil rights progressive reform movements and acts have
acquitted many harsh discriminatory laws, not all have vanished but remained and transformed
outside of mainstream society. The criminal justice system is responsible for the vast majority of
"missing black men"(Alexander 179). This statement emphasis an important and unprecedented
realizations of social injustice and that is the alienation and segregation of African Americans.
The progression of an unjust criminal justice system single handily caused an increase of
imprisoned African American and as a result that "black males are six times more likely than
white males to be in state or federal prison" (Voegeli 33). This in turn creates racial segregation
not only though the removal of African Americans from mainstream society and creates an
"under caste system"(Alexander 185). Many African Americans after being released from
incarceration have not only been segregated away from society by being confined in cells outside
of urban areas but are also released as ex-felons into a daunting task of reestablishing into society
in which "are subject to a wide array of limitations on work... as explicit forms of additional
punishment" (Bushway). It is imperative to deal with regulations to those who are confided
within the criminal system and to advocate policies to restrict lifetime bans, housing
discrimination against felons, and allow pre-release prison programs to provide a just
establishment into today's society.
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Many punishments posed onto felons, for insignificant crimes and even misdemeanors,
are placed not within a small time scale but are lifetime bans that diminishes hopes for African
American felons to escape social integration. This matter is an ethical one it is a "fact that exoffenders are undeniably at a higher risk for crime and non offenders" (Bushway) and "lifetime
bans for ex-felons affect an estimated 1 in 19 adults and 1 in 3 black male adults in the United
States" (Uggen). Bushway, a professor of Public Administration and Policy, suggest to eliminate
"Blanket lifetime bans on ex-felons" as many of these bans keep ex-felons from incorporating
into society. Such bans include state policies that prohibit anyone with a criminal record to
become a adoptive or foster parent, limited educational opportunities such as banning loans and
grants to people with any drug conviction, and even bans on many occupations that ex-felons can
be employed into. These bans should only targeting employment areas that are linked with an exfelons criminal activity "often, however, employment bans are blind to offense type" (Bushway).
Bushway argues that these domains are particularly important for ex-felons because of the role
they play in the process of desistance. In other words these bans creates a hopeless environment
that can trap an ex-offender and provide little incentive to adopt a pro-social attitude. There
exists evidence that as the prevalence of lifetime bans has increased and so has recidivism rates
(Travis) so much so that "The 3-year reconviction rate of drug offenders increased by 33% from
1983 to 1994" (Hughes and Wilson). The preeminent way to abolish these bans and to stop exfelons from being re-incarcerated is to create new policy's that limit's lifetime bans into period
bans. Such a policy will include as Bush way discuses; sunset clauses for individuals who meet
standards on conduct otherwise going "'straight' for more than 7 to 10 years" (Bushway). By
allowing ex-felons to eliminate bans through proper conduct and proper protocols on a free crime
life, allows multiple opportunities for employment and housing.
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However, some oppose this view of the policy and question it such as a professor of
Public Policy at University of California Berkley, Raphael. He argues since short term ban
collateral damage increase recidivism "why not abolish all bans to ex-felons" (Bushway).
Bushway argues that a compromise needs to be met with safety precautions to the public by
allowing punishing bans that still preserve the rights of ex-felons and allow they to become
acquainted into society. Studies have also proven that "reoffending risk tends to peak within 1 or
2 years after release and to decline thereafter" (Greenberg). Because recidivism tends to decline
after two years, Bushway appropriately advocates for the dismissal of lifetime bans as statistics
show that ex-felons after an interval of time are far less likely to commit crimes. Bushway
acknowledges that ex-felons are likely to commit crimes during the first years but those who do
are called "career criminal" (Bushway), those who chose to do crime deliberately rather than
subsequently from restrictions such as bans. However those who seek rehabilitation and desire to
be reincorporated back into society should not be subjected into lifetime bans that diminishes and
discriminates their ability to live a "new" life. It is unethical to allow ex-felons restrictions after
years of being crime free and restrict basic education and employment rights. Bushway
summarizes his argument effectively, "Policy makers do not need to wait a lifetime of
nonoffending before they can be confident that the offending risk has been reduced to the level
of the general population"(Bushway).
Lifetime bans are only subjected onto ex-felons a few years after being released from
confinement, however to entirely allow African American men who are incarcerated the ability to
survive a society that is full of curfews means to create a program for employment during their
incarceration period. In fact former felons are going home to some of the nations poorest
neighborhoods, where they often lack stable social bonds and support networks and where there
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are few services to help them restart their lives (Fletcher 1). Employment is key into determining
the ability of felons being imprisoned again to survive society. Bushway states that employment
has a large impact on recidivism for ex-offenders and because so prisons need to have a system
of introducing simple employment skills to survive society. Anne Morrison, a professor of
economics and a research associate of the Nation Bureau of Economic Research, advocates to
use pre-release programs to allow prisons the ability to adjust life outside prison and to find
employment despite their criminal past. Morison uses a particular program called Montgomery
County Pre-release Program, whose objective is to "[benefit] the offenders as well as the wider
society" (Morrison 4). This program also tackles an issue present with Bushway, public safety by
assuring that the policies and protocols of the program are strictly to ensure working inmates.
The program assures that nearly "90 percent of [inmates] obtain jobs upon release from jail or
prison" (Morrison 4). Having a very high percentage of participants leaving incarceration and
finding jobs immediately is a huge improvement over the traditional release's of felons into
society facing a daunting task of establishing a proper job when they are labeled as felons. The
Montgomery program makes it possible to sustain its participants by providing incentives such
as "late curfews, access to phone cards, and more frequent family visits"(Morrison 10). There is
even an incentive to allow freedom from confinement that allows them to live home under strict
monitoring. Nevertheless, the program essentially offers extraordinary results that allow prisons
a chance to adapt a life that ultimately diminishes the chances of re-incarceration.
However there are critiques of having a mass program of this kind and effectively
maintaining one. A major drawback of this program is one that many policy makers might argue
is the expense. This program heavily requires surveillance in other words the use of secure
faculty and parole officers to monitor participant behavior. In essence it would require a parole
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program committed to improve labor force outcomes but would need to "double the parole
budget" (Morrison 12). Although it is an expense Morrison provides methods of funding said
program. One method is to make a "sentencing reform" (Morrison 12). In this reform, the
Montgomery program will be considered as a form of incarceration, doing so would allow a
significant portion of prison population to decline, since most would be working or under patrol
in their houses, and would create unused bed within confinement. As a result, the saving of
having an number such as 60,000 inmates not in prison beds can result into six million in savings
(Morriosn 6). Also, by allowing this program to give early releases, to those who show proper
conduct and good behavior, results in a reduction to prison-bed days costs. Meaning aloowing
inmates to move from prison to intensive parole for "two to three months could shift as much as
$10,000 to $15,000 per inmate from prison budgets to parole" (Morisson 12). For these reason
this program is a superior alternative to abrupt, unencumbered release into the community or a
lightly supervised period of mandatory reporting effectively turning this program "both an
alternative to incarceration and a bridge to employment and social reintegration"(Morrion 11).
Although these solutions are extremely useful in preventing segregation, there remains an
issue yet to be acknowledged. Foreman states it clearly that preventing from public housing, we
make it more likely that he will become homeless which would make it impossible to find a
proper job and resorting him into a second class citizenship (Foreman 110). As so, it is also
imperative to provide not only a job but also the ability to allow housing to ex-felons. One major
solution to this issue is argued by Culhane who states the best way to solve this conundrum is to
have "supportive housing" (Culhane). Which consists of permanent, subsidized housing along
with support service to assist tenant with needed community services and to develop appropriate
living skills. This is reflected based upon data that states between 1995 to 1998 , 11.8 percent of
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prisoners released where in homeless shelters, and out of 15,866 or 32 percent returned to prison
in New York City (Culhane). Which indicates that an increase of shelter use increases the risks of
being re-incarcerated. In fact, many of those released from prison enter shelter not because they
have nowhere else to go but they are essentially being "declared homeless and thus facilitate
access to other source of housing" (Culhane). However so they are increases chances of reincarceration which ... urges to stop. In essence, having a policy implication of subsidized
housing right during the transition period of a ex-felons release will result in better social
integration as a whole.
Indeed, today's criminal justice system have unjust implications on African American
felons that restrict personal rights to housing, employment, and a pursuit to happiness. The
alienation that African American ex-felons face inside prison cells is not the only alienation they
experience. Even after the harsh sentences and consequences that many African American men
face in jail, who are segregated from family and loved ones outside of mainstream media ,are
continually segregated into a daunting task of surviving society as a felon. Many ex-felons face
the discriminatory practice of having life longs bans that makes it a cumbersome to adequately
live a proper live entwined with society. Many of those African American inmates are released to
a society that is not contempt to allow felons to prosper as they are labeled as inferior and
criminals as the criminal justice system imposes many restrictions that essential traps them in a
life of prison and freedom. Many of these restrictions such as housing discourage prosperity as
housing often is the key to determining re-incarcerations and social status of that ex-felon. This
deteriorates much hope as felons are unable to overcome most restrictions. Ultimately, having to
adhere the policies though programs that encourage employment, available housing to those who
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need it, and abolishing unjust life time bans will terminate the existence of this under caste
system, a second class citizenship.
Works Cited
Alexander, Michelle. The New Jim Crow. New York: The New Press,2011.Print.
Morrison, Anne. Preparing Prisoners for Employment: The Power of Small Rewards.
Manhattan: Manhattan Institute for Policy Research. Center for Civic Innovation, May
2009. PDF.
Forman, James Jr. Racial Critiques of Mass Incarceration: Beyond the New Jim Crow. (2012).
Faculty Scholarship Series. Paper 3599
Dennis P. Culhane. "Homeless Shelter Use and Reincarceration Following Prison
Release"Criminology and Public Policy 3.2 (2004): 139-160.
Uggen, Chistopher, and Melissa Thompson. Citizenship, Democracy, and the Civic
Reintegration of Criminal Offenders. New York City: SAGE Publications, May 2006.
PDF.
Voegeli, William. Solving the Problem of Too Little Crime. New York City: Contempoary, Aug.
2015. PDF.
Gottfredson, Michael R., and Travis Hirschi. A General Theory of Crime. Stanford, CA: Stanford
UP, 1990. Print.
Hughes, Timothy, and James Wilson. Reentry Trends in the United States. U.S Department of
Justice: Bureau of Justice Statistics, Aug. 2003. PDF.
Fletcher, Renata. A Guide for Prisoner Reentry Programs. N.p.: U.S. Department of Labor, Nov.
2007. PDF.
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2011.Print.
Bushway, Shawn. Abolish Lifetime Bans For Ex-Felons. Oxford: Wiley-Blackwell, Nov. 2007.
PDF.
Bibliography
Alexander, Michelle. The New Jim Crow. New York: The New Press,2011.Print.
Mazariegos 9
Bushway, Shawn. Abolish Lifetime Bans For Ex-Felons. Oxford: Wiley-Blackwell, Nov. 2007.
PDF.
This article details the risks that many felons undergo through the criminal justice system
and talks heavily of the influence of the unjust bans placed on the felon such as collateral
damage and lifelong bans. The author also mentions the importance of abolishing lifelong bans
since they are used as a control method to re-imprison ex-felons.
This was a source that heavily influenced this paper as it provided a plethora amount of
statistics and arguments for banning unjust restrictions. Essentially this source dictated a solution
that will stop if not alleviate the problem of felons being imprisoned and undergoing through a
second hand citizenship.
Mazariegos 10
Fletcher, Renata. A Guide for Prisoner Reentry Programs. N.p.: U.S. Department of Labor, Nov.
2007. PDF.
This article essentially tells the reader of a program called 4work that persuades the
readers ,who having loved ones in prison, to be a participant of said program. This program is
explained by detailing facts and statistics of ex-felons and their struggle to social integration.
The article was essentially a backup towards my second solution since both are similar
programs they essentially provide good reasons to have a program of this magnitude.
.
Forman, James Jr. Racial Critiques of Mass Incarceration: Beyond the New Jim Crow. (2012).
Faculty Scholarship Series. Paper 3599
This article discusses and argues with many interventions of
Alexander's points of The New Jim Crow analogy. Foreman goes into deep
detail with many points of Alexander's use of the analogy and questions even
the degree of "truth" in talking about drug offenses and charges.
This contributed to my article because the author doesn't just argue if
Alexander is wrong but also acknowledges many points made in her book.
Such points as the bird cage analogy, housing discrimination, and second
class citizenship. A certain quote was used that greatly influenced a solution
to this essays dilemma.
Mazariegos 11
Gottfredson, Michael R., and Travis Hirschi. A General Theory of Crime. Stanford, CA: Stanford
UP, 1990. Print.
Greenberg, Cheryl. To Ask for an Equal Chance: African Americans in the
Great Depression.
2011.Print.
Hughes, Timothy, and James Wilson. Reentry Trends in the United States. U.S Department of
Justice: Bureau of Justice Statistics, Aug. 2003. PDF.
Morrison, Anne. Preparing Prisoners for Employment: The Power of Small Rewards.
Manhattan: Manhattan Institute for Policy Research. Center for Civic Innovation, May
2009. PDF.
This articles endeavors into the benefits of using a program that allows felons the ability
to prosper outside of prison walls. This article details the struggles that many ex-felon undergo
once released and point out the flaw being the prison system unable to adapt a pre-release
program that aids inmates.
This article served as one of one of the solutions towards this essays thesis by providing a
model to follow and the steps it takes to keep the program running.
Uggen, Chistopher, and Melissa Thompson. Citizenship, Democracy, and the Civic
Reintegration of Criminal Offenders. New York City: SAGE Publications, May 2006.
PDF.
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Voegeli, William. Solving the Problem of Too Little Crime. New York City: Contemporary, Aug.
2015. PDF.