Site Meter

Wednesday, January 28, 2009

Debate:Prisoners right to vote

Debate:Prisoners right to vote

"Background and Context of Debate:

Many countries restrict the right of those sentenced to imprisonment to vote in elections. For example, convicted prisoners are automatically banned from voting in Armenia, Bulgaria, the Czech Republic, Estonia, Hungary, Luxemburg, Romania, Russia and the United Kingdom. In Australia, prisoners are only entitled to vote if they are serving a sentence of less than three years. Only two US states (Maine and Vermont) permit prisoners to vote, although Utah and Massachusetts also did so until 1998 and 2000 respectively. In France and Germany, courts have the power to deprive people of voting rights as an additional punishment, but this is not automatic. Eighteen European states, including Spain, the Netherlands and the Republic of Ireland, place no formal prohibition on prisoners voting. In practice, however, it is often difficult for prisoners in some of these countries to vote: in the Republic of Ireland, prisoners have the right to be registered to vote in their home constituency, but have no right to either a postal vote or to be released to cast a vote at a ballot box. Since 1999, South Africa has had no restrictions on the right of prisoners to vote. Canada’s Supreme Court ruled in 2002 that prisoners should not be denied the right to vote; the first federal election in which Canadian prisoners in federal jails (generally those serving sentences of two years or more) were permitted to vote was in 2004. The issue is particularly controversial in the United Kingdom and the USA. In April 2001, the British High Court rejected a case brought by John Hirst (a man serving a life sentence for manslaughter), who argued that the ban on prisoners voting was incompatible with the Human Rights Act 1998. In March 2004, the European Court of Human Rights ruled that the British government was in breach of the European Convention on Human Rights; the European Court’s Grand Chamber rejected the British government’s appeal in October 2005. As of June 2006, however, there has been no change in UK law on the matter. Much controversy in the USA results from the fact that, in some states, people who have been in prison are banned from voting for the rest of their lives, even after they have fully served their sentences. This is especially controversial in Florida, given the closeness of the 2000 presidential election result there and the fact that a disproportionately large number of ex-convicts are black or Hispanic (statistically, more likely to be Democrat voters). One in forty Americans of voting age are ineligible to vote because they are, or have been, in prison. The arguments below [Click on blue link above] relate directly to whether those currently serving prison sentences should be allowed to vote, but could readily be adjusted for a debate about whether ex-convicts should have this right".

n.b. Since this article was published, the Republic of Ireland passed a Bill to remove barriers to give all prisoners the postal vote.

"The truth is that Parliament has never debated this "morality" when renewing the ban on prisoners' voting rights, so these issues have not been thought through at all".

This point is succinct...

"The purpose of prison is the deprivation of liberty, not the disenfranchisement of its inmates".

As Parliament has declared itself to be too scared to debate this issue, I am happy to join the online debate. I have already kicked Jack Straw in the balls, now I intend to kick him up the arse to get him to spring into action.

4 comments:

Anonymous said...

society needs to make up its mind. If prisoners are part of society and must comply with the obligations that follow, then playing their part in the political process necessarily follows. If prisoners are to be utterly excluded, then why should they comply with any laws? Are we in, or are we out? Society must decide - and live with the consequences.

jailhouselawyer said...

prisonguru: It is debatable whether society is really the problem.

What we are up against here is tradition. We need to break this. Another factor is, for example, the Sun and Daily Mail, which claim to express public opinion, and knee-jerk politicians who give these non voters too much influence.

The law has already decided that prisoners are members of the public, therefore they are part of society, and it is those politicians who dispute this who need being brought to order.

What society needs is to be properly informed. Hence the debate here.

BTW, Flo Krause says we need a prisoner to take a case to court on the prisoners votes issue. Any volunteers?

Anonymous said...

if the missus lets me, im in!

jailhouselawyer said...

prisonguru: When Flo mentioned what we needed, I suggested you. There will need to be a conference including Elkan.