Day: November 21, 2013

Penology,Overcriminalization , Individualization, Frustration, Rehabilitation

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Over criminalization is the act of imposing unbalanced penalties with no relation to the gravity of the offense committed or the culpability of the wrong doer.

pe·nol·o·gy;
The study of the punishment of crime and of prison management.

Individualization;

Discriminating the individual from the generic group or species

Rehabilitation;

The restoration of someone to a useful place in society

frus·tra·tion;

The feeling of being upset or annoyed, esp. because of inability to change or achieve something.
Felons

The plight of a felon is one that doesn’t attract the needed attention required to get legislative change. Penology and Individualization and Rehabilitation and Over- Criminalization are all topics that should render 500,000 signatures on petitions nation wide, but it is not getting the attention needed because just like the crack epidemic, until it hits home in a real fashion to the powers that be family members this plight will only continue to frustrate the individuals that wind up in the teeth of America’s new conundrum.

Although depriving people convicted of felonies of the right to vote has a long history, the modern laws in many states are rooted in racial discrimination. In these states, the laws were enacted after the Civil War and designed to deny the vote to African-Americans, and continue to have that effect today. More than five million American citizens are now denied the right to vote, including 13% of the African-American population, because of felony convictions. Black Americans are imprisoned at 39 times the rate of whites for non-violent drug offenses. In total, more than 60% of people in prison are racial and ethnic minorities, despite being only 28% of the U.S. population.
Every state except Maine and Vermont prevents inmates from voting while in prison for a felony. Once released from prison, voter eligibility depends on the state a person votes in, with laws varying widely. Most states deprive parolees and probationers of the vote, and a few states permanently deny the right to vote to all ex-offenders. Ex-offenders in most states have to go through a wide variety of application processes, and some may never regain the right to vote.

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Events in recent months have justifiably caused Americans to ask whether a powerful, activist, and interventionist government and bureaucracy is good to have. Those who have been looking at overcriminalization, however, have known that government and regulatory agencies have been targeting and oppressing Americans for a long time. And it’s getting worse.

In many criminal laws, the “guilty mind” requirement has been removed or weakened. This means people can go to prison regardless of whether they intended to break the law or knew their actions were in violation of the law.

Traditionally, crimes had two components: (l) mens reu (guilty mind), and (2) actus reus (bad act).

Today, many criminal laws and regulations have insufficient or no mens rea (guilty mind) requirement — meaning, a person need not know that his or her conduct is illegal in order to be guilty of the crime.

An example story is the following:

THE CRIME: Rescuing a baby deer

Jeff Counceller, a police officer, and his wife Jennifer spotted an injured baby deer on their neighbor’s porch. Instead of turning a blind eye to the dying fawn, the Councillors took the deer in and nursed it back to health.

An Indiana Conservation Officer spotted the fawn (named Dani) in the Councillors’ yard — and promptly charged the couple with unlawful possession of a deer, a misdemeanor offense. Fortunately for her, the day that “Little Orphan Dani” was to be euthanized by the state, the deer escaped into the wild. Due to public outrage, the government dropped the charges.

“Overcriminalization describes the trend to use the criminal law rather than the civil law to solve every problem, to punish every mistake, and to compel compliance with regulatory objectives. Criminal law should be used only if a person intentionally flouts the law or engages in conduct that is morally blameworthy or dangerous.”

We have problems like this in Wichita, believe it or not. An ordinance passed by the Wichita City Council in 2010 might ensnare anyone visiting city hall, if they happen to have a broad-tip marker in their purse or briefcase:

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“Possession of Graffiti Implements Prohibited in Public Places. It is unlawful for any person to have in his/her possession any graffiti implement while in, upon or within one hundred (100) feet of any public facility, park, playground, swimming pool, skate park, recreational facility, or other public building owned or operated by the city, county, state, or federal government, or while in, under or within one hundred (100) feet of an underpass, bridge, abutment, storm drain, spillway or similar types of infrastructure unless otherwise authorized.”

“Graffiti implements” are defined broadly earlier in the ordinance.

If you’re thinking about a career in taxicab driving, be advised that the city has ordinances punishing you if you’re found to have violated these standards: “Fail to maintain their personal appearance by being neat and clean in dress and person” and “Fail to keep clothing in good repair, free of rips, tears and stains.”

When criminal laws are created to “solve” every problem, punish every mistake, and compel the “right” behaviors, this troubling trend is known as overcriminalization. Ultimately, it leads to injustice for honest, hard-working Americans at every level of society. […]

Over the next six months, Members of Congress from both parties will study this issue in depth, hold hearings, and—with the right encouragement—take steps to enact real reform.

The recent scandals involving the IRS and other encroaching agencies of the federal government have shed light on just how much the state interferes in Americans’ everyday lives. The Heritage Foundation offers a few examples:

A young girl was fined $535… for rescuing a wounded woodpecker.

A businessman was jailed for years… for shipping lobsters in plastic bags rather than cardboard boxes.

A Maryland father and building engineer faced a years-long legal ordeal… after being unfairly targeted under the Clean Water Act.

In a new project — USA vs. YOU — the conservative organization documents stories of violated liberties and offers advice on how you can help stop this disturbing trend.

States push to provide some ex-felons a second chance; But life as a felon free is still a struggle

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The struggles of a convicted individual are just as severe as a terminal cancer patient, or how about being still incarcerated mentally after being released. There are contingencies set in place within the law that will not render a felon success without a faith in God to succeed. Interviewing for jobs and resources are just the crust of the problem. A felon is denied decent housing as well as resources from the county or state they are trying to re-enter-grate within.

The pain associated with this plight of life is beyond the words I can articulate here. I have made mistakes and I have even second guessed some of the decisions I’ve made like serve my country and tell the truth always only to be condemned and rejected by those who are still practicing their hypocrisy. I refuse to be defeated by the minds that have put this system of disenfranchisement into exsistance. I will continue to fight and advocate for myself and others until the victory I declare and decree is seen in this life I now have.

 

Walter Fortson is a young man with impressive credentials: He graduated with honors from Rutgers University this year and is headed to the University of Cambridge on a prestigious Truman scholarship.

But on a typical job application, the first thing an employer might notice about Fortson is that he’s an ex-felon.

Fortson, 28, served two years in prison for dealing crack cocaine: He got out in March 2010 and has been clean since. Though he’s successfully turned his life around, he says discrimination against those with a criminal record is very real.

 

“There have been a lot of times that I haven’t been offered an opportunity because of the stigma,” said Fortson, a Philadelphia native. “A lot of companies have a blanket policy that excludes anyone who’s had any contact with the criminal justice system.”

Fortson is now backing a campaign to make employers remove questions about criminal history from job applications, postponing such queries until a later stage of the hiring process–an initiative widely known as “Ban the Box.”

A growing number of states are coming on board. This week, Rhode Island became the eighth state in the country to pass a statewide Ban the Box law, and it’s one of the most expansive versions out there: The state will require all private and public employers to delay questions about criminal history, following Massachusetts, Minnesota, and Hawaii. Four other states and 51 municipalities have already passed similar measures for hiring public employees, according to the National Employment Law Project. Ban the Box bills are now being considered in New Jersey and California, which passed an executive measure covering public employees in 2010.

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“People who have made mistakes need to be able to move on, to move forward with their lives, and we need to change our laws to allow them, even encourage them, to do so,” Rhode Island state senator Harold Metts, a Democrat, said in a statement last week. “They are not being allowed to do so if every job application they fill out looks like an instant dead-end because of that one question about criminal history.”

Supporters say the change is a simple, cost-effective way to help ex-offenders who face major barriers to getting their lives back on track, making it more likely that employers will look at their qualifications first.

“We’re not even saying don’t ask us the question–we’re saying don’t ask the question as the first thing that you do,” said Dorsey Nunn, director of Legal Services for Prisoners with Children, an ex-felon-turned-advocate who helped spearhead the movement in the Bay Area. “We are asking for opportunity to compete.”

 

Ban the Box laws generally make exemptions for schools, law enforcement, and other institutions that already require more stringent screening of their employees. But for other kinds of employers, no matter if it’s violent felony, a sex offense, or misdemeanor–They are prohibited from asking about applicants’ criminal histories when they first apply for a job.

The campaign has come at a time when a record number of Americans have tangled with the criminal justice system. About one in three Americans has some kind of criminal record, including arrests that did not lead to convictions, according to the Department of Justice. And NELP estimates that one in four Americans–65 million people–has a record that would show up on routine background check.

Advocates point out that employment is one of the most effective ways to reduce the recidivism rate and support low-income communities–and they insist there’s an upside for employers as well. “In my experience, a lot of times these folks actually make exemplary employees because they work a lot harder and they have something to prove in a way, or that’s how they feel,” said Rhode Island state representative Michael Chippendale, a Republican who spent decades in the manufacturing industry.

Ban the Box supporters stress that employers are under no obligation to hire such candidates and can still conduct background checks and make the usual inquiries, just later in the hiring process. In Rhode Island, for instance, employers can make such inquiries at the first interview, while Hawaii prohibits criminal history questions until employers make a conditional job offer.

Victims’ advocates haven’t rallied to oppose the Ban the Box laws, arguing that it’s more important to ensure that employers follow through with their background checks when they do conduct them. ”Everyone has a right to interview for a job, but there’s an onus on employers to get somebody who’s well fitted,” says Mai Fernandez, executive director of the National Center for Victims of Crime.

 

But many businesses groups say the new rules are too rigid and time-consuming, on top of newly revised federal guidelines employers must follow in using criminal records in hiring. “If you have an applicant who was convicted of murder, and you were never going to hire that person anyway, why would you go through the whole process of doing an interview to discover that information?” said Michael Kalt, a San Diego employment lawyer and lobbyist for the California branch of the Society for Human Resource Management.

Employers also argue that Ban the Box could lead to excessive litigation. According to Michael Egenton, senior vice-president of the New Jersey State Chamber of Commerce, “People may say, ‘I didn’t get hired because I was asked that question,’ and then there’s a lawsuit.”

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The effort to downplay criminal records in hiring isn’t new: Hawaii first passed the first statewide Ban the Box law in 1998. But the idea began to spread after 9/11 as employer background checks became increasingly commonplace, at the same time that record numbers of Americans were coming out of prison in many states. Boston and Chicago passed citywide Ban the Box initiatives in 2004, and cities from Carrboro, North Carolina, to Travis County, Texas, have followed suit.

But it wasn’t until the financial meltdown that Ban the Box started to take off at the state level, and the ranks of the unemployed everywhere began to rise.

With far fewer job openings than applicants, employers have been especially picky about who to hire, making it harder for job seekers with any marks against them–let alone a criminal history. Advocates believe this has made it even harder for African-Americans and other minority groups to benefit from the economic recovery, as they’re arrested and convicted at higher rates than the rest of the population.

Such pressures seem to have accelerated the pace of change. Massachusetts, Connecticut, and New Mexico passed statewide laws in 2010, followed by Colorado, Maryland, and Minnesota, which expanded a 2009 law to cover private employees as well as public ones. Illinois Governor Pat Quinn has also promised to pass a directive in banning the box for state employees. “The political atmosphere has changed,” said Nunn, the Bay Area advocate. “My measure in terms of the successfulness of the issue is how many people have begun to replicate this.”

There’s a good chance that California could become the next state to come on board: a “Ban the Box” bill that would apply to public employees just passed out of committee this month, with hopes for a vote later this year. But the idea has received a more lukewarm reception in New Jersey, whose bill would regulate private employers as well.

“We recognize and appreciate the question of whether we should hold a college student who had a keg party at his dorm to the same level that an individual who held up a convenience store and shot the clerk, said Egenton, of New Jersey’s Chamber of Commerce. “But when you legislate something like this, it’s easier said than done.”

While simply removing the box asking about criminal history seems simple enough, the fine print is more complex. According to the New Jersey bill, for instance, employers can consider only misdemeanors committed in the last 5 years and felonies that have been committed within the last decade, although they can ask about murder, attempted murder, arson, terrorism and registrable sex offenses at any time. If they withdraw a job offer after a background check, employers must submit a form to the state explaining why.

Ban the Box supporters say that such measures are necessary because discrimination can be difficult to pinpoint: Applicants aren’t typically told their criminal histories are problematic, they say–they just don’t get a call back.

There’s some research to back up their claims: in one study, Princeton sociologist Devah Pager sent out job applicants with fictitious resumes and found that those with criminal histories received one-half to one-third the number of callbacks for similar kinds of entry-level positions. Black applicants were even less likely than white applicants to get a job interview even when they had the same criminal histories, Pager found.

The Obama administration also has flagged some of the more egregious violations. While employers are not prohibited from using criminal records in hiring, the federal government has long held that the discriminatory use of criminal records is a violation of Title VII of the Civil Rights Act, as such hiring practices have a disproportionate impact on racial minorities.

The administration has updated its guidelines for Title VII discrimination, but it also hasn’t been afraid to use litigation as well: Last month, it filed suit against BMW for a blanket exclusion of employees with criminal records and against Dollar General for revoking a job offer to a woman convicted for drug possession.

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The new Ban the Box laws have yet to prompt a wave of lawsuits. But supporters admit there also isn’t a lot of evidence right now to show whether Ban the Box has actually made a difference in lowering barriers for ex-offenders. They assert, however, that it’s a welcome step at a time when Americans are increasingly required to disclose any criminal history–not only when applying for jobs, but also for housing, insurance, and other basic life necessities.

For Forton, the Rutgers graduate, talking about his criminal past lets him explain the progress he’s made since then–how he discovered his passion for fitness while in prison, became a certified personal trainer, and ultimately decided to go to college to study exercise physiology, attending classes while he was still in a halfway house.

“I can show and explain how far I’ve come,” he said. “All of which ultimately gives me an actual shot for the position.”

Why You Should Not Adopt

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November is National Adoption Month. Many advocates, and in particular evangelicals, are making the case for why Christians should prayerfully consider adoption. In reading through some of the material I was surprised to find a “hard sell” from one of an influential Christian leader against adoption.

“Don’t Adopt!” This is how Dr. Russell Moore began a recent article concerning adoption. Why would Moore, an outspoken proponent for adoption speak so emphatically against adoption? He simply wants people to consider why they want to adopt and how that motive will translate into a life of “cross-bearing love.”

Dr. Moore writes:

If you want your “dream baby,” do not adopt or foster a child: buy a cat and make-believe. Adopting an orphan isn’t ordering a consumer item or buying a pet. Such a mindset hurts the child, and countless other children and families. Adoption is about taking on risk as cross-bearing love.

Moore is saying that if you are considering adoption and approaching it like a consumer then you should stop and go buy something. Don’t adopt. The mindset behind adoption is not about meeting a need for you the parent. Instead, it is about meeting a need for the child.

If we are thinking biblically we would understand immediately what Moore is writing. His point is, “Don’t adopt in order to love yourself. Adopt in order to love someone else.”

We learn in the Bible that love “…does not seek its own…” (1 Cor. 13:5). The Bible also teaches that God is love (1 John 4:8). How does God demonstrate that love? By sending Jesus to lay down his life to save sinners like you and me (1 John 4:10). Love, therefore, is about a willful, joyful sacrifice of ourselves in the service of another for their holiness. Certainly you can hear Dr. Moore saying, “Don’t adopt if you are trying to love yourself through this.” What a disaster for the kids and the parents if this is the case.

His hard sell continues. Moore insists that we should not adopt if we are not ready to be hurt. This goes for all parents of course, but should be considered for prospective adoptive parents also.

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Love of any kind brings risk, and, in a fallen world, brings hurt. Simeon tells our Lord’s mother, the Blessed Virgin Mary, that a sword would pierce her heart. That’s true, in some sense, for every mother and every father. Even beyond that, every adoption, every orphan, represents a tragedy. Someone was killed, someone left, someone was impoverished or someone was diseased. Wrapped up in each situation is some kind of hurt, and all that accompanies that. That’s the reason there really is no adoption that is not a “special needs” adoption; you just might not know on the front end what those special needs are.

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Don’t adopt if you are not ready to be hurt. When you give yourself to someone you give yourself to another sinner. This is done in the midst of a world that is cursed for sin. As a result, the stage and the actors, so to speak, are all beset by weakness. We should be surprised when good things happen. We should treasures such times and persevere by grace through the tough times.

Once we have examined our motives, counted the cost, and felt the stiff wind of a cursed world upon our face then we are able to, if God leads, to consider moving forward with adoption. In other words, Moore is arguing, once you have come to steep in the gospel for some time you will remember who you are, that you have been adopted, that you have been lavished with grace, that you have been loved (as defined above) by the One who is love, and that you are now motivated to show that love to others. Christian should never ignore the gospel in anything we do, but especially not in parenting.

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