Second Chances?

“America is the land of second chance and when the gates of the prison open, the path ahead should lead to a better life.” President George W. Bush spoke those words in his 2004 State of the Union address. Ten years later, and America is still trying to come to grips with the shame that is its criminal justice system.

            In a June 4^th editorial; no less than the New York Times called for an overhaul of the “collateral consequences” that affect a released felon’s successful re-entry to society. Sixty-five (65) million Americans – more than one-in-four adults – have a criminal record. And, that record stays with you long after you’ve done your time. I’m not talking about laws that prohibit pedophiles from working in schools; no, these laws, these collateral consequences, ban a convicted felon – regardless of the nature of the crime – from voting, access to public housing, business and professional licensing, gun possession, immigration status, parental rights, credit rating, employability, even eligibility for benefits.

            The list goes on and on but it is clear that a felony conviction changes your status as a citizen. Worse, a felony conviction sets you up for failure. And failure leads back to prison. These aren’t the ramblings of a criminal blogger. As a conservative columnist noted on Martha Stewart’s release from Federal prison: She “paid her dues,” and “there is simply no reason for anyone to attempt to deny her the right to leave her troubles in the past and start anew.”

            This isn’t about excusing crime; rather it is to recognize that in America, where over 14 million people are arrested each year with 2.2 million behind bars at any given time (more people behind bars than any other country in the world) – most (90%) of whom will be released – second chances are “imperative.” As The New York Times wrote:

            “It is in no one’s interest to keep a large segment of the population on the margins of society.”

            In a recent report compiled by the National Association of Criminal Defense Lawyers (NACDL) it was noted that “collateral consequences can be a criminal defendant’s most serious punishment, permanently relegating a person to second-class status … it is time to reverse this course. It is time to recognize that America’s infatuation with collateral consequences has produced unprecedented an unnecessary collateral damage to society and to the justice system.”

            Second chances. Second chances must mean that once you pay your debt your social status is fully restored. Mandatory collateral consequences should be disfavored and never considered appropriate unless substantially justified by the specific conviction (for example, pedophiles working in schools). Blanket denial of rights – such as voting – or restrictions on employment – or licensing – should never be used unless specifically related to the crimes/convictions. More importantly, credit-reporting agencies should be prohibited from disclosing criminal records on closed cases that didn’t result in convictions, and on convictions that are more than seven years old.

            Every day one or two men leave this facility bound for home; every week another ten to twenty arrive. Most of those returning have been here before. The sad fact is 2 of every 3 released inmates returns within three years. As the NACDL points out, in America’s “War on Crime” the zealous efforts to keep communities safe may have actually destabilized and divided them. “Collateral consequences make the already difficult process of re-integration worse.

            Here in Virginia, the Republican-dominated legislature is in a standoff with the newly elected Democratic Governor over the bi-annual budget. At the same time, in excess of $1.1 billion will be spent in Virginia this year to keep approximately 40,000 men and women in state custody. Virginia continues to cling to regressive “good time earning” for its inmates regardless of their behavior; for the approximate 6000 inmates still covered by the parole system (eliminated in 1994) only 2% are approved annually for discretionary parole and release. While the Governor has the exclusive power to commute any inmate’s sentence, this power is rarely exercised due to the potential political ramifications – i.e. looking “soft” on crime.

            Virginia – more so than many other states – has numerous collateral consequences a released felon faces. While voting right restoration has improved, it is still not automatic upon release. Convicted felons in Virginia are denied most state licenses. Worse, a convicted felon can be denied a driver’s license until court fines and fees are paid (Virginia is one of only eight states which assess as court fees the costs of appointed counsel to poor defendants. These costs typically run in the thousands and, without a driver’s license, many people are unable to get employment).

            Second chances? Those two words may mean the difference between a return trip to prison or leading a productive life. It’s in America’s best interests to make those words matter.

Election Day, Part 1

In July, 1776, delegates from the thirteen break away colonies gathered in Philadelphia, Pennsylvania, to sign their names to a declaration.  From that moment forward the uprising that had begun a year earlier could lead to only one conclusion:  it would be independence or death.

The author of the Manifesto, Thomas Jefferson, borrowed heavily from Scottish political philosopher John Locke when he penned that people “are endowed with certain unalienable rights…”  Jefferson listed three:  life, liberty and the pursuit of happiness.  The men gathered in Philadelphia, this nation’s founding fathers, understood the importance of the words they were placing their signatures to.  God, not government, gives human beings certain rights.  Freedom, liberty, are God’s dictate, not some privilege that can be handed down by a ruler.

It was a daring statement of faith in the absolute rights of humankind derived from the sovereign Lord.  And, it formed the basis of the most successful experiment in republican democracy the world has ever known.  “We the people…in order to form a more perfect union…”

I write this fifteen days from the presidential election.  Supporters of both candidates will tell you this is the most important election in the nation’s history.  I’m not so sure.   Somehow the crises affecting this country in 1860 when Lincoln was elected, and again in 1864 at his re-election, make this era pale by comparison.

This piece isn’t about Romney or Obama.  This is about voting.  Virginia is one of only four states that do not automatically reinstate voting rights to felons upon their release from prison.  This election day some 350,000 Virginians will be unable to vote solely because they carry a scarlet “F” on their record.  Voting is not a privilege.  It is an unalienable right of a people to have a say in their governance. 

The current Governor of Virginia, Bob McDonnell, has touted his administration’s efforts to restore voting rights to felons.  He should be applauded.  In less than three years in office, McDonnell has streamlined the process (it is now just filing a simple downloadable form with his office versus the former cumbersome process of petitioning), and restored voting rights to nearly 2,000.  That’s more than any previous modern age Virginia Governor.

The problem is McDonnell, like his predecessors and for too many politicians, believes voting is a privilege and that government can decide the terms and conditions of exercising that privilege.  Disenfranchisement, even after over 225 years, still shows itself each election cycle.

It is an irony not lost on me that this nation, “the shining city on the hill” as former President Ronald Reagan described her, is the only western nation that restricts felons from voting.  Even in this country, all but seventeen states automatically restore voting rights to felons as they exit prison.

Ohio State University law professor Michelle Alexander, author of The New Jim Crow, a critical assessment of the nation’s mass incarceration push, argues that voting is a fundamental right of citizenship which cannot be usurped by a felony conviction.

And the arguments used to deny felons the right to vote are the same arguments used earlier in this nation’s history to deny women, the poor, and ethnic and racial minorities a say in the future direction of this land.

A few years ago, during George W. Bush’s presidency, this nation became transfixed as we watched millions of Iraqis brave bombings and threats of murder to cast ballots in their first democratic election after the overthrow of the dictator Saddam Hussein.

And we watched as these citizens dipped their fingers in purple ink and displayed them to the world saying “our vote matters”.  I remember one man in particular, carried his child in his arms.  He’d been imprisoned during the Hussein years.  And he proudly walked forward and voted.  “I want my child to know it’s not your past that matters.  It’s your future.”

“We hold these truths to be self evident, that all men are created equal and that they are endowed by their creator with certain unalienable rights…”

Amazing words.  It’s a shame this nation, this state doesn’t believe them at election time.

 

Commonwealth Attorney Blues

The Washington Post reported on December 30th that the Virginia Supreme Court will soon be ruling on a defendant’s right to use an antiquated writ (writ of Coram Nobis) to reopen their conviction.



The issue has arisen out of Justice Stevens’ majority opinion in Padilla v. Kentucky (“God bless JP Stevens!”) holding that a criminal defendant’s attorney fails to provide effective assistance of counsel when failing to disclose deportation risks to foreign defendants offered plea bargains.


The writ in question is used by inmates to reopen their cases. I’ve filed some for guys. It’s almost impossible to get a criminal case in Virginia reopened. Under Virginia Supreme Court Rule 1.1 a judgment (including a conviction) is final and not subject to review unless timely appealed or challenged within 21 days of entry.


Commonwealth attorneys around the state are whining about defendants trying to get conviction “do overs”. I have a response to those self-righteous political hacks: FU ! (Sorry, that was prison Larry talking).


Mistakes happen daily in court. Prosecutors and police lie, witnesses make false identifications, defense attorneys screw up.


“Freedom is a gift from God.” – George W. Bush.


No person should ever be denied access to the courts when their freedom is at risk. Whether the conviction was entered 21 days or 21 years ago shouldn’t matter. Freedom is more important than a date certain.

Second Chances

I’m not one to say much positive about the current President, but this week he came out and said Eagles quarterback Michael Vick rightfully deserved a second chance. Obama applauded the Eagles organization and owner for recognizing that Vick “paid his debt” for his crime and now deserved an opportunity to be a productive member of society.



What the President said was long overdue and, given the public’s perception of crime and punishment, courageous. It also is every Christian’s moral obligation to forgive and allow a contrite, broken person the opportunity for restoration and reconciliation.


This week, I read President George W. Bush’s memoir, Decision Points. I have long had the utmost respect for President Bush. His memoir confirmed what I long ago realized: W is a man of deep faith and moral clarity. He’s not perfect, but he has tried his best to live righteously. There are not many people I can say that about.


Two stories in the book struck me. In the first, W explained why he seldom lashed out at his critics. He tried, he said, to live by the Biblical principle about not pointing out the speck “in your brother’s eye”.


The second story was even more telling. President Bush described his first meeting with Bono of the rock group U2. Bush had decided to pour billions into AIDS drug distribution and malaria treatment in Africa. Bono, a committed humanitarian who puts his “money where his mouth is” had a deeply personal conversation with the President about his faith. “We talked about Matthew 25, the only place the Bible speaks directly about judgment. . . .”


I read and reread Matthew 25 each week. It calls on believers to feed the hungry, clothe the poor, comfort the sick, visit the imprisoned. It commands this. It says nothing about passing judgment on “those people”, condemning “those people”. Matthew 25 ends with these words:


“to the extent that you did not do it to one of the least of these, you did not do it to Me. These will go away into eternal punishment. . . .”


That, is a significant punishment and makes mine pale by comparison.


I wasn’t a big fan of Michael Vick’s before, but he has gotten my respect as he busts his ass to make up for his past. He deserves peoples’ support and encouragement.


There are hundreds of men that I have met this past year in the same situation. They need a second chance. Some perhaps, need a third or a fourth chance.


C.S. Lewis wrote “if the will to walk is really present, God is pleased even with your stumbles.”


It took me getting arrested to realize we all fall short at times. No one is perfect. We hurt each other; we are selfish; some of us commit crimes. But, with very few exceptions, we are all redeemable and worthy of another chance. President Obama expressed his opinion on Michael Vick concluding “because my faith tells me to”. Perhaps others will feel the same pull from their faith.


In a few short weeks the Virginia General Assembly will convene. The oldest elected body on this continent will open with prayer. I’ll be praying, for myself and the vast majority of incarcerated men and women whom I’ve met these past two and a half years, for the General Assembly to do the courageous thing, do the just thing, and give us a second chance.


Judgment is a difficult concept. We struggle daily to be moral and just, yet we forget the simple admonition given by our Lord: as you treat the least of these, so shall you be judged.


40,000 men and women languish in Virginia prisons and regional jails. The vast majority could be released with few repercussions. We deserve a second chance. It’s a new year, a perfect time to give someone a second chance.