So, criminal justice reform has been in the forefront of the news lately, and I’d like to throw in my 2¢…Without divulging too much information regarding my qualifications on the topic, I’d like to discuss recidivism, and life-long labels that I believe contribute to it.
Regarding the Scarlet Letter of the justice system, the Felon, this is a life-long label that simply tells the law breaker, “You will never, in your entire life, be anything other than a Felon.”. Sure, they can have other successes in life…raising a close-knit family, successfully entering a (limited) workforce, positively contributing to the betterment of their community…otherwise proving their rehabilitated status. They have a social security number, pay their taxes, and perhaps…help their landlady carry out her garbage. However, they can feel it when they look out their window or when they turn on their television. They can feel it when they go to work…when they go to church…when they pay their taxes…like a splinter in their mind. ( ; - j )
It’s no secret that if you repeat something over and over again, you’ll start to believe it…the same holds true in this scenario. If you continually remind someone that they are a Felon, with no hope of redemption, with no hope of ever being anything other than a second-class citizen, inalienable rights stripped away for the remainder of your life…well, they’ll eventually start to see themselves as nothing more than that. This form of punishment is often worse than incarceration…because it removes ALL hope of ever escaping its bonds. That, in itself, is cruel.
Of course, there are those of you out there that will disagree, have never had momentary lapses in judgement, and will proclaim, “If you can’t do the time, don’t do the crime!”. You’re absolutely correct, and being labeled a Felon should act as a deterrent…but NO ONE can do the time. Even after death, your legacy of all of your post-conviction successes will forever be tarnished and overshadowed by this Scarlet Letter. The 19 year old naive “kid”, that was convicted of a “non-violent” financial crime of passing a bad check because he hadn’t learned how to manage his money yet, will have received a “life-sentence”. It’s a shame and a miscarriage of justice.
All crimes are punishable by a maximum sentence, yet seeing the severity, level of involvement, and personal responsibility the offender has taken regarding the admission of their guilt (among other criteria), judges more times than not, reduce the sentencing to less than this, however, the branded “F” this person receives (if in Federal court) WILL NOT, and CAN NOT be removed…EVER. Well, this is the Land of Opportunity, and we, as Americans, believe in second chances and forgiveness. I would propose some criminal justice reform, whereas first-time, non-violent felony convictions (excluding Sedition and Treason) would impose whatever sentencing that the judge deems appropriate, however the Felon label will be imposed only for the duration of the Maximum Sentence outlined in the federal sentencing guidelines. For example, if you are a first-time convict of a non-violent offense, which carries a Maximum Sentence of 10 years, but the judge imposes a sentence of no time served, 3 years probation, and a fine (based off of your cooperation, remorse, etc…), you will remain a Felon for 10 years, provided you have no other felony convictions during that time. This would apply at both the State and Federal level.
By giving non-repeat, non-violent Felons some hope for their futures…something to look forward to, some incentive to “keep their nose clean” and the opportunity to better themselves…I believe this will drastically reduce the amount of recidivism in this country. Everyone needs a wakeup call at least once in their life. Let us help wake them up.