226 research outputs found

    Shadow Citizens: Felony Disenfranchisement and the Criminalization of Debt

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    The disenfranchisement of felons has long been challenged as anti-democratic and disproportionately harmful to communities of color. Critiques of this practice have led to the gradual liberalization of state laws that expand voting rights for those who have served their sentences. Despite these legal developments, ex-felons face an increasingly difficult path to regaining the franchise. This article argues that, for ex-felons in particular, criminal justice debt can serve as an insurmountable obstacle to the resumption of voting rights and broader participation in society. This article uses the term “carceral debt” to identify criminal justice penalties levied on prisoners, “user fees” assessed to recoup the operating costs of the justice system, and debt incurred during incarceration, including mounting child support obligations. In recent years, another disturbing voting rights challenge has emerged that has received little attention from scholars. State appellate and federal courts across the country have affirmed the constitutionality of statutes that require ex-felons to satisfy the payment of all carceral debts in order to resume voting privileges. Such a paradigm has a clearly differential impact on the poor: if only those who can pay their debts after a criminal conviction can regain the right to vote, those who cannot will remain perpetually disenfranchised, rendering them “shadow citizens” and raising a host of policy and constitutional questions

    Confronting Race and Collateral Consequences in Public Housing

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    Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of family members from public housing—based on almost any type of criminal system exposure—have served to further entrench poverty, contribute to homelessness, and trigger unwarranted family disruption. These widespread barriers to public housing are a detriment to many low-income families, but especially African Americans, owing to their historical experience of both housing discrimination and hypercriminalization

    Confronting Race and Collateral Consequences in Public Housing

    Get PDF
    Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of family members from public housing—based on almost any type of criminal system exposure—have served to further entrench poverty, contribute to homelessness, and trigger unwarranted family disruption. These widespread barriers to public housing are a detriment to many low-income families, but especially African Americans, owing to their historical experience of both housing discrimination and hypercriminalization

    Deadbeat Dads & Welfare Queens: How Metaphor Shapes Poverty Law

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    Since the 1960s, racialized metaphors describing dysfunctional parents have been deployed by conservative policymakers to shape the way that the public views anti-poverty programs. The merging of race and welfare has eroded support for a robust social safety net, despite growing poverty and economic inequality throughout the land. This Article begins by describing the influence that metaphors have on the way people unconsciously perceive reality. It proceeds by examining historical racial tropes for Black families and how they were repurposed to create the Welfare Queen and Deadbeat Dad, the metaphorical villains of welfare programs. It also tracks the demise of welfare entitlements and the simultaneous ascendency of punitive child support enforcement intended to penalize both “absent” parents and families with non-normative structures. Ultimately, this Article argues that the focus on demonizing Black parents in the welfare system has created an obstacle to providing necessary resources to alleviate the suffering of a growing number of poor children of all races, the intended beneficiaries of public assistance

    Bringing Families In: Recommendations of the Incarceration, Reentry and Family Roundtables

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    Building on the findings of the New Jersey Reentry Roundtable and a growing concern around the state about how to improve outcomes for the more than 70,000 individuals expected to return home from prison over the next five years, the roundtable examined the complex role that families – broadly defined – play in the lives of prisoners during incarceration and after their release. This document presents a set of recommendations emerging directly from roundtable sessions and provides a road map for individual and collaborative efforts accepted by a range of key players in New Jersey, including government officials, community and faith based service agencies, advocacy groups, family members and formerly incarcerated people

    VAWA and Welfare Reform: Criminalizing the Most Marginalized Women

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    Informal politics and inequity of access to health care in Lebanon

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    INTRODUCTION: Despite the importance of political institutions in shaping the social environment, the causal impact of politics on health care access and inequalities has been understudied. Even when considered, research tends to focus on the effects of formal macro-political institutions such as the welfare state. We investigate how micro-politics and informal institutions affect access to care. METHODS: This study uses a mixed-methods approach, combining findings from a household survey (n = 1789) and qualitative interviews (n = 310) in Lebanon. Multivariate logistic regression was employed in the analysis of the survey to examine the effect of political activism on access to health care while controlling for age, sex, socioeconomic status, religious commitment and piety. RESULTS: We note a significantly positive association between political activism and the probability of receiving health aid (p < .001), with an OR of 4.0 when comparing individuals with the highest political activity to those least active in our sample. Interviews with key informants also reveal that, although a form of “universal coverage” exists in Lebanon whereby any citizen is eligible for coverage of hospitalization fees and treatments, in practice, access to health services is used by political parties and politicians as a deliberate strategy to gain and reward political support from individuals and their families. CONCLUSIONS: Individuals with higher political activism have better access to health services than others. Informal, micro-level political institutions can have an important impact on health care access and utilization, with potentially detrimental effects on the least politically connected. A truly universal health care system that provides access based on medical need rather than political affiliation is needed to help to alleviate growing health disparities in the Lebanese population

    Models of Invisibility: Rendering Domestic and Other Gendered Violence Visible to Students through Clinical Law Teaching

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    The proliferation of university courses about domestic violence includes clinical courses in law schools in which students represent victims in their legal cases. This essay advocates for a broader approach to teaching about the problem. Using examples from their clinic cases, the authors show how teachers can overcome pedagogical challenges and render domestic and other forms of gendered violence, including state and community violence, more visible to students by intentionally raising and placing it within larger frameworks of structural inequality. In this way, students learn to identify and address gendered violence even when it is not the presenting problem
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