Independence Day is the celebration of the birth of a nation
liberated from the oppressive rule of Britain, free of the shackles of its past
and empowered to thrive moving forward. But are we still this nation? Can we
truly celebrate freedom when our justice system has never been so unjust?
Photo taken from http://www.thedailysheeple.com/ |
It is hard to celebrate America’s liberty knowing how truly
un-free so many Americans are. A recent study
showed that 65 million Americans have a criminal record. If you don’t have a
calculator handy, 65 million is equivalent to one in four adults in the United
States. Furthermore, another study
found that about one third of adults in America have been arrested for adult or
juvenile offenses, not including minor traffic offenses. Despite so many
Americans having previous convictions on their record, a criminal history is
seen as extremely problematic, not as normal. There is a severe social stigma
attached to a condition 65 million adults share. Additionally, the past can
never be left behind. These people are not free to move forward with their
lives. Background checks and collateral consequences become the new chains that
constrain their liberty.
The collateral consequences of conviction prevent so many
people from moving on and creating new lives for themselves. These collateral
consequences include additional civil and state penalties which continue to
punish people long after they have paid their debt to society. JPI reports in Billion Dollar Divide that in 2010, 451,471 people in
Virginia alone were disenfranchised. These penalties, mandated by statute, extend
beyond voting rights and affect all areas of individuals’ lives:
- Employment and business licensing
- Housing
- Education
- Public benefits (unemployment insurance, Medicaid and Temporary Assistance to Needy Families)
- Credits and loans
- Immigration status
- Parental rights
- Interstate travel
What we need is the ability to forgive and forget. As
Mahatma Gandhi said, “Freedom is
not worth having if it does not include the freedom to make mistakes.” All around us are people who have made a
mistake, in some cases a serious mistake or multiple ones, but they have done
their time and have come out hoping to begin anew. Nevertheless, our society
will not let them leave the past in the past. The NACDL declares, “It is time
to celebrate the magnificent human potential for growth and redemption. It is
time to move from the era of collateral consequences to the era of restoration
of rights and status.”
We cannot truthfully call our nation the land of the free
until we reduce the collateral consequences connected to criminal convictions and
liberate millions of people from this devastating condition.
Hope DeLap is a JPI
intern. She is a rising senior studying criminology, law and society at the University of California, Irvine.
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