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"Felon" a protected status?
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Author:  Midgen [ Mon Sep 17, 2012 9:42 pm ]
Post subject:  "Felon" a protected status?

If this local Seattle councilperson has his way...

http://www.q13fox.com/news/politics/CRs ... 9240.story

C.R. Douglas Q13 Fox News wrote:
C.R. Douglas
Q13 Fox News political analyst
6:30 p.m. PDT, September 17, 2012

SEATTLE —
Right now there are certain things an employer or a landlord can’t use against you when you are applying for a job or an apartment -- race, gender, sexual orientation, religion, etc. But if you are a convicted felon, often you are out of luck.

“I can’t pass a background check,” said Vance Bartley, who served years in prison for armed robbery. “No one will rent me an apartment.”


Bartley has been out of prison since 2008, and been living with friends and family ever since. “Even if I offer to pay first, last, and the first three months’ rent, the answer will be, ‘No, we will not rent to felons. We don’t care how old your felonies are.’”

Bartley’s story is dramatic. He was a three-striker, serving a life term. But after spending time in the prison’s law library, he got one of his convictions overturned, which led to his release – and to his job as a paralegal. But most felons aren’t that lucky.

“You continue to serve that sentence every time you go to apply for that job,” he said.

Seattle City Councilman Bruce Harrell wants to change that.

“The data is overwhelmingly supportive of the fact that when people are working, they are less likely to commit crimes,” he said. “In particular, property crimes.”

Harrell’s bill would make it easier for felons to find jobs. It would prohibit employers from using a person’s criminal background against them. Harrell hopes later to do the same with housing. He argues it’s about public safety.

“We have become a country of mass incarceration,” he said. “This is a policy designed upstream to help convicted felons and convicted misdemeanants get access to jobs, and this is the kind of policy changes that we have to have.”

But critics worry what such a policy would do.

“Are we opening the door for anybody to say if you’ve got a criminal background it just doesn’t matter anymore?” asked Bill Hinkle of the Rental Housing Association of Puget Sound. “I can tell you right now after what’s been going on in Seattle with the violence and what not, people aren’t willing to do that.”

Members of Hinkle’s group are both landlords and employers who hire building managers, maintenance staff, janitors, etc.

“You have to be able to give us a tool to measure the risk,” said Hinkle. “You can’t lump felons in with guys who have petty crimes and say, ‘Well, you have to accept everybody.’ ”

But Harrell said the first phase of his legislation, dealing with employment, would allow for exceptions if there is a direct relationship between the job and the conviction record of the applicant.

“For example, people who work around vulnerable people or children, people that are dealing with financial institutions,” he said. “These kinds of jobs we know that there should be some special protections for these kinds of communities.”

Bartley, who has worked with many offenders coming out of prison, said this is the kind of support they need to regain a footing in society.

“We’ve got to change the way that we deal with this issue,” he said. “People are going to come back from prisons. It’s small percentage that don’t. It’s a greater percentage that do.”

Author:  darksiege [ Mon Sep 17, 2012 10:15 pm ]
Post subject:  Re: "Felon" a protected status?

Or ya know... You could not commit felonies, it is easy to not be a felon that way...

Sent from my SGH-T769 using Tapatalk 2

Author:  Micheal [ Mon Sep 17, 2012 11:33 pm ]
Post subject: 

It is not easy DS, just more practical. There are some felonies i want to commit every day, but don't. I really don't want to lose everything I've worked for because it would feel better to beat someone to death with their obnoxious mufflers.

Author:  DFK! [ Mon Sep 17, 2012 11:40 pm ]
Post subject: 

I don't believe that felonies should continue to strip you of rights for the rest of your life.

10 years after release? Presuming no remission, not even misdemeanors? 20 years? Something like that, sure.

Forever? That's just silly.

Author:  Diamondeye [ Tue Sep 18, 2012 12:21 am ]
Post subject:  Re: "Felon" a protected status?

Freedom of association. If other people want to not hire you or not rent to you for the rest of your life that's their right.

I also don't see what release has to do with anything. Jail is just one type of sentence. If other aspects of punishment are lifelong-- so what?

Author:  Corolinth [ Tue Sep 18, 2012 12:43 am ]
Post subject:  Re: "Felon" a protected status?

Once you complete your sentence, you've served whatever your debt to society was determined to be for your particular crime. From that moment forward, it shouldn't be anyone's business except you and the judge who passed the sentence.

You can not rehabilitate criminals if you're going to continue to treat them like criminals once they complete their sentences. It has to be over.

Author:  Diamondeye [ Tue Sep 18, 2012 12:49 am ]
Post subject:  Re: "Felon" a protected status?

Corolinth wrote:
Once you complete your sentence, you've served whatever your debt to society was determined to be for your particular crime. From that moment forward, it shouldn't be anyone's business except you and the judge who passed the sentence.


No, you've served your sentence. Your "debt to society" is whatever society deems it to be. Furthermore, we have public trials in this country. Your criminal history is public business. There is absolutely no reason whatsoever it should be secret.

You can not rehabilitate criminals if you're going to continue to treat them like criminals once they complete their sentences. It has to be over.[/quote]

Past behavior is the best indicator of future behavior. It is not the job of apartment owners or employers to make sure criminals get rehabilitated.

I've got a great idea though. Let's hire all these ex-felons as police officers. I bet you'd be thrilled that they've been rehabilitated.

Author:  Xequecal [ Tue Sep 18, 2012 5:09 am ]
Post subject:  Re: "Felon" a protected status?

Ok, sure, freedom of association means you can't force employers to hire felons. But at the same time, the government doesn't need to provide that information either. Just expunge the record when they get out of jail. It doesn't have to be a secret, the government just doesn't have to provide the information to anyone who asks. Let the companies do their own expensive background investigations to figure it out if they want.

Also, "not hiring felons" is a legal requirement in a massive number of fields, it doesn't just come down to freedom of association.

Author:  Hopwin [ Tue Sep 18, 2012 5:43 am ]
Post subject: 

Technically I am prohibited by federal law from hiring a felon.

Author:  Squirrel Girl [ Tue Sep 18, 2012 8:22 am ]
Post subject:  Re: "Felon" a protected status?

Harvey Silverglate states that the average person unknowingly commits three felonies a day.

Author:  shuyung [ Tue Sep 18, 2012 9:33 am ]
Post subject:  Re: "Felon" a protected status?

Diamondeye wrote:
No, you've served your sentence. Your "debt to society" is whatever society deems it to be. Furthermore, we have public trials in this country. Your criminal history is public business. There is absolutely no reason whatsoever it should be secret.

Past behavior is the best indicator of future behavior. It is not the job of apartment owners or employers to make sure criminals get rehabilitated.

I've got a great idea though. Let's hire all these ex-felons as police officers. I bet you'd be thrilled that they've been rehabilitated.

Except that society has given over to the judicial system the power to carry out its demands. Therefore, whatever the results of a trial, those results are the dictates of society. Once someone has done as society (by way of the judicial system) deems necessary, then that should restore them to the good graces of society. If it doesn't, something is fundamentally broken, and not with the felon.

Yet past performance is no indicator of future gains.

I'm fine with it. I'd be willing to bet they would do at least as well a job as the current law enforcement.

Author:  Corolinth [ Tue Sep 18, 2012 10:40 am ]
Post subject:  Re: "Felon" a protected status?

http://en.wikipedia.org/wiki/Frank_Abagnale

Author:  Diamondeye [ Tue Sep 18, 2012 11:27 am ]
Post subject:  Re: "Felon" a protected status?

shuyung wrote:
Except that society has given over to the judicial system the power to carry out its demands. Therefore, whatever the results of a trial, those results are the dictates of society. Once someone has done as society (by way of the judicial system) deems necessary, then that should restore them to the good graces of society. If it doesn't, something is fundamentally broken, and not with the felon.


No, not really. It's called "freedom of association".

Quote:
Yet past performance is no indicator of future gains.


Hence there is no particular reason to regard a felon as rehabilitated just because he has finished a jail sentence.

Quote:
I'm fine with it. I'd be willing to bet they would do at least as well a job as the current law enforcement.


It's no wonder you hold these opinions when you're so disconnected from reality.

Author:  Diamondeye [ Tue Sep 18, 2012 11:28 am ]
Post subject:  Re: "Felon" a protected status?

Corolinth wrote:


Clearly, he is a typical representative of convicted felons.

Author:  shuyung [ Tue Sep 18, 2012 11:57 am ]
Post subject:  Re: "Felon" a protected status?

Diamondeye wrote:
No, not really. It's called "freedom of association".

What you're attempting to describe isn't. Unless you'd like to posit that spite is acceptable?
Quote:
Hence there is no particular reason to regard a felon as rehabilitated just because he has finished a jail sentence.

And a con artist is identical to an honest man, except for one time.
Quote:
It's no wonder you hold these opinions when you're so disconnected from reality.

Disconnected from what reality, DE? I fully recognize that if you keep telling somebody they're worthless and criminal, they will remain worthless and criminal.

Author:  Midgen [ Tue Sep 18, 2012 12:20 pm ]
Post subject: 

So, we are ok with a property owner not being allowed to use 'prior felony convictions' as a reason to deny a rental?

I mean they can deny them based on bad credit history, but not bad criminal history?

Author:  Amanar [ Tue Sep 18, 2012 12:22 pm ]
Post subject:  Re: "Felon" a protected status?

I agree that people have a right to choose who they associate with and criminal records should be public record, so I disagree with this law on that basis. However, I do think there is a real problem with the way we prevent convicts from re-integrating into society. And while it certainly sucks *** for anyone with a felony, we all suffer because of it.

The US is too concerned with vengeance and retribution for criminals and not enough with rehabilitation and actually solving the problems that lead to crime. The numbers all show that our current system is obviously not working, yet no one gives a **** because no politician can afford to be "soft on crime." It's just depressing.

I think a lot of people like to just lump all criminals together as if they are all equally bad. There's a wide range of "felons" out there, and a lot of them aren't much different from you and me. I'd bet most people on this board have technically committed a felony at some point in their lives. Just look at the incarceration rate for the US, which dwarfs all other countries. Something is obviously wrong.

Again, I don't think laws like this are the solution. People have a right to refuse to hire felons. But something needs to be done. Unfortunately it's another issue both Republicans and Democrats have the exact same stance on. Let's continue to bicker about gay marriage and birth control while people's lives are being destroyed every day.

Author:  Midgen [ Tue Sep 18, 2012 12:25 pm ]
Post subject: 

I don't think a landlord refusing to rent a property to a convicted felon is being vengeful. He's protecting his own interests using whatever information he has available to him.

Author:  Elmarnieh [ Tue Sep 18, 2012 12:35 pm ]
Post subject: 

Asset forfeiture exposes the landlord's property to being seized for no illegal action on the landlords part.

Author:  shuyung [ Tue Sep 18, 2012 12:48 pm ]
Post subject:  Re:

Midgen wrote:
So, we are ok with a property owner not being allowed to use 'prior felony convictions' as a reason to deny a rental?

I mean they can deny them based on bad credit history, but not bad criminal history?

This is an interesting comparison, and let's take a look at them.
With a criminal history, on one side you have a crime, and on the other side you have a sentence. Once the sentence has been served (whatever it may be), then the crime and the sentence cancel and that crime should no longer influence what society permits you to do. There is no mechanism today (except for the juvenile to adult transition) that allows for any report to be sealed or stricken. There is no "forgetting".
With a credit history, there is a mechanism by which detrimental reports can be stricken. In all cases, it takes time, some cases may substitute effort, but all records will eventually be erased. There is a forgetting mechanism in a credit history. If someone pulls your credit history, and a detrimental report appears on it, then currently you are at fault for something. Now, I recognize that it may be something as simple as being at fault for having the same name as some idiot, but you have the power to correct it, in one fashion or another.

Author:  Amanar [ Tue Sep 18, 2012 12:49 pm ]
Post subject: 

I'm not saying that it's vengeful in itself, but when 95% of landlords refuse to rent to anyone with a felony without consideration for when it occurred, what exactly it was, and the circumstances of their conviction, then it creates a real problem for felons trying to re-integrate into society.

Author:  Diamondeye [ Tue Sep 18, 2012 12:51 pm ]
Post subject:  Re: "Felon" a protected status?

shuyung wrote:
Diamondeye wrote:
No, not really. It's called "freedom of association".

What you're attempting to describe isn't. Unless you'd like to posit that spite is acceptable?


Yes, what I'm describing is, in fact, freedom of association. If people wish to be spiteful, that's up to them. It is absolutely acceptable.

You already acknowledged that the judiciary is society's designated authority to determine punishment for individual crimes. Unfortunately for you, the legislature is also designated by society to tell the judiciary what punishments are acceptable. If that legislature decides that consequences such as not being able to own a gun, vote, or hold certain jobs are lifelong for any felon, the simple fact that a prison term (which is simply a different form of punishment) has ended does not mean those sanctions cannot remain. The end of incarceration does not have anything to do with any "debt" being paid; it simply means that the mandate to the executive branch to keep the person incarcerted (or on parole or probation) has ended.

As for individual citizens, and private organizations, I'll remind you that the Constitution mandates a public trial. Court records are public documents. There is no reason the government should start trying to impose secrecy in order to prevent private people from exercising their own choice of conditions under which to associate with or conduct business with people. That's a surprisingly authoritarian viewpoint to take.

Quote:
Quote:
Hence there is no particular reason to regard a felon as rehabilitated just because he has finished a jail sentence.

And a con artist is identical to an honest man, except for one time.


Because con artists only commit one offense, ever.

Quote:
Quote:
It's no wonder you hold these opinions when you're so disconnected from reality.

Disconnected from what reality, DE? I fully recognize that if you keep telling somebody they're worthless and criminal, they will remain worthless and criminal.


Complex cause fallacy. Furthermore, if that's the price society must pay in order for people to maintain their freedom to associate with whom they choose, then so be it.

As for your disconnection, if you seriously think that there's some problem with law enforcement in this country so serious that a bunch of felons would do just as good a job, then you're totally disconnected from reality. If you don't seriously think it, then fine. I apologize for falling for your obvious trolling.

Author:  Diamondeye [ Tue Sep 18, 2012 12:52 pm ]
Post subject:  Re:

Amanar wrote:
I'm not saying that it's vengeful in itself, but when 95% of landlords refuse to rent to anyone with a felony without consideration for when it occurred, what exactly it was, and the circumstances of their conviction, then it creates a real problem for felons trying to re-integrate into society.


Clearly. That's their problem.

We are never going to have a society with no social problems. If the price of not requiring people to associate with felons when they don't wish to is that felons have a hard time, so be it.

Author:  Diamondeye [ Tue Sep 18, 2012 1:00 pm ]
Post subject:  Re: "Felon" a protected status?

Amanar wrote:
I agree that people have a right to choose who they associate with and criminal records should be public record, so I disagree with this law on that basis. However, I do think there is a real problem with the way we prevent convicts from re-integrating into society. And while it certainly sucks *** for anyone with a felony, we all suffer because of it.

The US is too concerned with vengeance and retribution for criminals and not enough with rehabilitation and actually solving the problems that lead to crime. The numbers all show that our current system is obviously not working, yet no one gives a **** because no politician can afford to be "soft on crime." It's just depressing.


I don't see any evidence whatsoever that the system is "not working."

In point of fact, as the below graphs from the Bureau of Justice Statistics illustrate, crime has been trending downward for 20 years now.

Image

Image

Quote:
I think a lot of people like to just lump all criminals together as if they are all equally bad. There's a wide range of "felons" out there, and a lot of them aren't much different from you and me. I'd bet most people on this board have technically committed a felony at some point in their lives. Just look at the incarceration rate for the US, which dwarfs all other countries. Something is obviously wrong.

Again, I don't think laws like this are the solution. People have a right to refuse to hire felons. But something needs to be done. Unfortunately it's another issue both Republicans and Democrats have the exact same stance on. Let's continue to bicker about gay marriage and birth control while people's lives are being destroyed every day.


The fact that other countries have lower incarceration rates does not somehow mean there is something wrong with our justice system. The simple fact is that we have a lot more crime in this country because we have a very different social dynamic than most other industrialized countries. We've spent 150+ years dealing with the aftermath of slavery and the integration of different racial minorities with each other. We're much larger and have a much more diverse geography and population than most other countries as well.

Author:  Amanar [ Tue Sep 18, 2012 1:11 pm ]
Post subject:  Re: Re:

Diamondeye wrote:
Clearly. That's their problem.


This kind of attitude is exactly what I'm talking about. Let's just say for a moment that things were even worse than they are now. What if:

1. NO ONE rented or sold property to felons. The only way they could have a home is if they went out and built a home themselves.
2. NO ONE hired felons for jobs, their only option was to be self employed.
3. Grocery stores started checking criminal backgrounds before selling food to people and refused to sell to felons. Felons only have the option of either growing their own food, begging for it, or stealing it.

Obviously we aren't anywhere near this point, but if we lived in this kind of society where felons were just absolutely **** on in the worst possible way, would it still be "just their problem?" Is there a line at all where you would consider a need to change the way we as a society treat these people?

Quote:
We are never going to have a society with no social problems. If the price of not requiring people to associate with felons when they don't wish to is that felons have a hard time, so be it.


First of all, there are other options besides forcing people to associate with felons. I don't agree with forcing people to associate with felons either. Second, the price isn't just that felons have a hard time. We are all affected by it, because felons having a hard time = higher recidivism rates and more crimes committed against the rest of society.

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