RESTORING THE EX-OFFENDER'S RIGHT TO VOTE - BACKGROUND AND DEVELOPMENTS

• NCJ Number: 11220
• Journal: American Criminal Law Review Volume: 11 Issue: 3 Dated: (SPRING 1973) Pages: 721-770
• Author(s): H ITZKOWITZ; L OLDAK
• Date Published: 1973
• Length: 50 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

HISTORY OF CIVIL DISABILITIES, THEIR EVALUATION IN LIGHT OF CONTEMPORARY PUNISHMENT THEORIES, AND A REVIEW OF RECENT JUDICIAL AND LEGISLATIVE ACTIVITY IN THIS AREA.

Abstract

THE DEVELOPMENT AND USE OF DISENFRANCHISEMENT IN ANCIENT GREECE AND ROME IS TRACED THROUGH THE INCORPORATION OF CIVIL DISABILITIES INTO COLONIAL AMERICAN LAW. FOUR MODERN THEORIES OF PUNISHMENT - REHABILITATION, RETRIBUTION, DETERRENCE, AND INCAPACITATION OF THE OFFENDER - ARE EXAMINED AND FOUND TO BE INADEQUATELY SERVED BY DISENFRANCHISEMENT. THE PRACTICES OF ALL FIFTY STATES AND THE DISTRICT OF COLUMBIA ARE REVIEWED IN BOTH NARRATIVE AND TABULAR FORM. FINALLY, IT IS POINTED OUT THAT RECENT COURT DECISIONS INTIMATE THAT VOTING RIGHTS ARE THE SUBJECT OF SPECIAL SCRUTINY AND THAT THE NECESSARY DEMONSTRABLE CONNECTION BETWEEN DEPRIVATION OF THESE RIGHTS AND STATE INTEREST MAY NOT BE SATISFIED BY THE IMPOSITION OF CIVIL DISABILITY ON EX-OFFENDERS.