14 Comments
Aug 6, 2023Liked by Guy Hamilton-Smith

Guy, your operative phrase "we exist in a very punitive society" sums it up exactly. Most anyone who have never been arrested or know anyone who has been are not going to take a sympathetic view of people in prison or ex-felons missing certain civil rights.

Disenfranchisement starts with arrest and incarceration. If the goal of punishing crime is to reduce recidivism and ensure that defendants emerge, ready to be productive and compliant citizens again, then we're doing a horrible job at it with prisons, permanent loss of rights and registries. From what I've seen in federal prison, its simply a place to sit and wait where you're expected to assimilate with the prison culture as a matter of survival. This is a culture that is based on racism, segregation, gangs, cartels, disobedience, contempt for authority, anger, hatred, drugs, alcohol and yes pornography. I've had to endure watching grown men get high, drunk, throwing up on themselves or in one case on my bunk, listening to the same grown men have phone sex with some woman they're probably paying on a contraband cell phone. There are people in here with serious mental health issues. We have young men here with 30 year sentences and old men with 30 year sentences. Some of these inmates will leave in a pine box. Most of these men are disenfranchised and expect nothing from society when they return. Some have already plotted their next criminal enterprise because that is their only means of meaningful income. There's very little about the culture and routines of this place that motivates one to be a better citizen.

On the flip side, I work as a math tutor and ACE class instructor in education. We have to beg to get basic supplies to teach a class. I have 4 scientific calculators for a class of 10. We had to resort to using the toner in the waste bin of our copier to print out lessons because staff is too lazy to order supplies. Most of our budget went to buying staff new golf carts last year. Just about everything in education is run by inmates with very little help and support from staff. Rehabilitative programs are even worse. There are 3 psychologists here for 3,000 inmates to provide counseling (which is non-existent unless you're having a mental health crisis) and they run rehab programs in groups of 20. Do the math and you'll see how many people actually get help in here.

When you couple a miserable prison experience on top of years of probation and years of registration, all of which limits the ability to work, take up residence and travel - its no wonder that recidivism isn't higher given that recidivism also counts technical violations of release.

Withholding a former convicts voting rights is a terrible policy. It essentially says you have no voice or ability to participate in the civic process for community improvement. Oddly enough, being a felon doesn't prevent one from running for Congress (or president!).

Congratulations to Guy on the publication of this law review. In the past 4 months, I've relied on 2 law reviews to support a position I was making to the USSC. While they don't carry as much weight as case law, Guy's example is a proof-positive example that academia can influence policy.

I'm happy to say that I'll be teaching a current events creative writing class this fall and I will use this real-life example to motivate some of these inmates to focus on building skills that are helpful to earning their rights back.

Expand full comment

Daughter of a homicide victim here. Some people are beyond redemption, like the male ego tortured and murdered my elderly mother in her own home and had a long history of harming women. Let’s stop pretending there aren’t dangerous and harmful males primarily who commit the vast majority of violence in the world. And then the sadism on top of it. A white male Substack author told me in graphic detail that how I would die like her. If you haven’t lived it, you have absolutely no clue what joy are talking about. I didn’t either when I spouted off about redemption prior to my mother being murdered in November 2018 because my grandmother who grew up in a different era told me everyone is good at heart. My fellow liberals want to believe that so badly when it is simply NOT TRUE. The white male supremacists that hung Black men from trees and massacred them in Jacksonville, Florida were beyond redemption too. Wake up and stop being so naive, especially when you are the of the most privileged and protected demographic.

Expand full comment