(More on the many layers of voter suppression & the war on democracy. - promoted by Paul Rosenberg)
Expanding ballot access to all voting-age citizens, particularly the millions who are living and working in our communities with past felony convictions, has been the foundation of many advocates' pleas to make American life equitable. Whether wrapped in an argument to fend against racism, classism, or even "overcriminalization," felon advocates' main issue boils down to preserving the civil rights of every citizen who participates in society, no matter their personal history.
Congress has been paying attention to the federal government's apparent tendency toward "overcriminalization" or "penchant for writing new laws to criminalize conduct that could be addressed with fines or other remedies," that ultimately overfill prisons and unfairly restrict otherwise productive citizens of important rights, such as voting, according to a McClatchy Newspapers report earlier this month.
For example, Abner Schoenwetter, a seafood importer, spent six years in prison for agreeing to purchase lobster tails that violated harvest regulations in Honduras. Now, the 64-year-old Florida man "is a convicted felon with an ailing wife, no job or right to vote and three years of supervised release ahead of him."
"We're talking about people's freedom and the way it affects people's faith in their government or lack thereof. We've got to get this cleaned up," said Rep. Louie Gohmert (R-Texas) at a hearing in the House Judiciary subcommittee hearing recently.
"Overcriminalization" particularly hurts citizens in states with more restrictive rules on felon disenfranchisement. All but two states restrict convicted felons from voting rights at some point in their sentences, leaving four million citizens voiceless, but "free" in our communities, a disproportionate number belonging African-American or low-income neighborhoods. Earlier this year, Congress attempted to address this issue by setting a federal standard for disenfranchisement rules with the introduction of the Democracy Restoration Act. But, the bill hasn't progressed since March.
Overcriminalization and the lack of a federal standard for disenfranchisement rules exacerbates the criminal justice system's inherent racial and economic biases that affect the quality of life of both the released convicted felons as well as the communities to which they return.
Twenty innocent men spent almost 170 years in prison in Georgia for crimes they did not commit. What does eight years mean to you? For these twenty innocent Georgians, eight years is the average length of time each spent behind bars for a crime they did not commit. Just as it is true in exonerations nationwide, mistaken eyewitness identification is the leading cause of Georgia's wrongful convictions.
Clearly, mistaken eyewitness identification is problem in Georgia. Eyewitness evidence, much like physical evidence, is highly subject to contamination and must be collected carefully according to scientific protocols. Without clear, written policies and procedures that instruct law enforcement agencies on the best practices for photo and live lineups, mistakes will continue to be made. And lives will continue to be destroyed.
Why would anyone confess to a crime they did not commit? What would it take to get you to confess to a crime? For Christopher Ochoa, it took twenty hours of questioning and badgering and threats to get him to falsely confess to the murder of a woman in Austin, Texas. As a result, he spent twelve years in prison for a crime he did not commit.
Most people find it hard to understand how anyone could ever confess to a crime they did not commit. But it happens over and over again. False confessions are a well-documented reality, especially among vulnerable populations like juveniles and the mentally-impaired. Of all the DNA exonerations nationwide, false confessions occur in over 20 percent of them.
Last week, two major newspapers highlighted two different cases where the confessions of the defendants had been called into question.
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