Report from NYCLA: this report expands the focus of collateral consequences to non-criminal adjudications (i.e. petty offenses, such as disorderly conduct), expressing concern about searchable databases that make non-criminal history readily available. Click here to read more.
May 1st, 2006Prisoners and the Right to Vote
by Emily Jane Goodman
New Yorkers in prison do not have the right to vote. That is the ruling by the United States Court of Appeals for the 2nd Circuit in a class action lawsuit brought by inmates and former inmates. Only the United States Supreme Court can reverse the decision by this federal court, and it is considered unlikely to do so. The plaintiffs in the lawsuit, Hayden v. Pataki, claimed that the Voting Rights Act of 1964 and its amendments applied to them and those they represented, who sought access to the ballot. In recognition of the fundamental importance of suffrage in a democracy, the Voting Rights Act forbids “denial or abridgement of the right of any citizen of the United States to vote on account of race or color… .” The plaintiffs in this case argued that the high rate of imprisonment for African-Americans and Latinos led to an inference of racial discrimination. To view the entire article, please click here.
The Housing Section of the Report can be viewed here. The Report includes findings, analysis and recommendations regarding both public and private housing.
Report from NYSBA: following findings about recidivism, barriers to re-entry, and consequences that stem therefrom, this report details the problems and makes specific recommendations. The report examines separately the issues of employment, education, benefits, financial penalties, housing, family, civic participation and immigration. Click here to read more.