Felon Collateral-Consequence Policies: An Old Tool with a New Name

Abstract

“A jar retains for a long time the odour of the liquid it first contained, and loses it only with great difficulty….” (Erasmus, circa 1529) Long held beliefs of racial and ethnic inferiority do not go away over night or over generations. This “jar” is akin to a society in much the same way as the “odour” is to racial sentiment. The effect of the “odour” has been to uphold legislation and policies enacted during the height of racial prejudice in this country long after its effects have dissipated. As generations continue to uphold these methods, either knowingly or unknowingly, they continue to carry out the negative impact of these policies on its intended targets. Consequently, one cannot easily erase the racial and ethnic sentiment that pushed these methods of racial subordination into existence in the first place. Therefore, it is easy to understand why these methods of racial institutional subordination have persisted through time and continue to plague society The collateral consequences of a felony conviction are one such policy area that has existed through time, unaffected by major changes. Wheelock (2005) classifies felon collateral- consequences policies into four distinct categories: civic, service and aid, employment/occupational and other restrictions. Civic restrictions include the loss of voting rights, the right to serve on a jury, and the right to run for public office. Service and aid restrictions “prohibit ex-felons from receiving scholarships and grants, welfare, public housing, military benefits, and any other form of public assistance” (Wheelock 2005, 85). Employment and occupational restrictions consist of any restrictions that ban or disqualify ex-felons from holding certain governmental positions and occupational licenses. Other restrictions can consist of the loss of parental rights and the use of a felony conviction as grounds for divorce. Depending on how collateral consequences are classified a state can have anywhere between one and 140 collateral consequences of a felony conviction , thus documenting the vast amount of variation that exists between states. The goal of this work is to focus on what specific “odours” a state retains related to felon-collateral consequence policies. By examining these factors we can determine how they contribute to the number of felon collateral-consequence policies preserved by each state. The main question this works attempts to answer is, what role does race play in the preservation of felon collateral-consequence policies in today’s society? The findings revealed that out of all the factors examined, race-based factors accounted for state adoption of a higher number of collateral consequences.