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PostPosted: Fri Feb 15, 2013 4:34 pm 
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http://online.wsj.com/article/SB1000142 ... on_LEADTop


The logic apparently is, if minorities comit more crimes, and thus have criminal records, not hiring former criminals is a form of discrimination, and thus opens your company to a discrimination lawsuite unless you have re-evaled the ex-con, under special circumstances.

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Last edited by Uncle Fester on Fri Feb 15, 2013 7:33 pm, edited 1 time in total.

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PostPosted: Fri Feb 15, 2013 5:06 pm 
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Uncle Fester wrote:
The logic apparently is, if minorities comic more crimes, and thus have criminal records, not hiring former criminals is a form of discrimination, and thus opens your company to a discrimination lawsuite unless you have re-evaled the ex-con, under special circumstances.


I love comic crimes.

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PostPosted: Fri Feb 15, 2013 5:31 pm 
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That's not dysfunctional or anything.

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PostPosted: Fri Feb 15, 2013 7:34 pm 
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cursed spelling.

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PostPosted: Fri Feb 15, 2013 7:55 pm 
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PostPosted: Fri Feb 15, 2013 11:11 pm 
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zomg those damned liberals!

This is actually a huge problem with our criminal justice system. Quite frankly, once you're released from prison, nobody should be able to access your criminal record.

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PostPosted: Sat Feb 16, 2013 12:18 am 
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As my sarcasm meter is off warenty I can not tell if it is in jest. Presuming no joke intended (or for those who would actually agree to that) should all criminal records be sealed (like those commited by children)? Some crimes but not others? Including sex offenders?

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PostPosted: Sat Feb 16, 2013 6:34 am 
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Yeah I can't wait for Sticky Fingers the clown to be hired to do birthday parties because some idiot social engineer decided that past crimes don't predict future behavior .....

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PostPosted: Sat Feb 16, 2013 1:48 pm 
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Corolinth wrote:
zomg those damned liberals!

This is actually a huge problem with our criminal justice system. Quite frankly, once you're released from prison, nobody should be able to access your criminal record.


This is asinine, and has nothing to do with any "problem" with our criminal justice system. Criminal records are public records because trials are public.

Past behavior is a predictor of future behavior. People have a right to freedom of association.

And no, no matter how many times you repeat it, this does not make every crime have a "life sentence". If other people don't want to hire you or associate with you because you're a felon, that's perfectly within their right. Getting released from prison does not somehow obligate everyone else to forget you ever did anything.

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PostPosted: Sat Feb 16, 2013 3:16 pm 
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We need to do more to reintegrate those who have paid their debt, but There is space between where we are now and criminal history cannot be used/asked.

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PostPosted: Sun Feb 17, 2013 10:19 am 
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Diamondeye wrote:
Corolinth wrote:
zomg those damned liberals!

This is actually a huge problem with our criminal justice system. Quite frankly, once you're released from prison, nobody should be able to access your criminal record.


This is asinine, and has nothing to do with any "problem" with our criminal justice system. Criminal records are public records because trials are public.

Past behavior is a predictor of future behavior. People have a right to freedom of association.

And no, no matter how many times you repeat it, this does not make every crime have a "life sentence". If other people don't want to hire you or associate with you because you're a felon, that's perfectly within their right. Getting released from prison does not somehow obligate everyone else to forget you ever did anything.


This always comes up, and if it were just a freedom of association thing I'd have no problem with it. The problem is that close to half of all existing jobs are legally barred to felons. Anything in healthcare, finance, law, or education, anything dealing with security bonding, and in some states any job where you are ever left alone with a customer. The employer can't decide that you've reformed and hire you anyway, it's illegal for him to do so.


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PostPosted: Sun Feb 17, 2013 1:33 pm 
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Which is why we need to look at how we deal with free association in this country as a whole rather than giving carve-outs to whomever one party or the other feels they can garner votes from

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PostPosted: Mon Feb 18, 2013 9:17 am 
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Xequecal wrote:
This always comes up, and if it were just a freedom of association thing I'd have no problem with it. The problem is that close to half of all existing jobs are legally barred to felons. Anything in healthcare, finance, law, or education, anything dealing with security bonding, and in some states any job where you are ever left alone with a customer. The employer can't decide that you've reformed and hire you anyway, it's illegal for him to do so.


Why should other people be put at risk so that an employer can decide that? What qualifies an employer to decide this?

People have this idea that because you've served your jail sentence that somehow that means you're not a felon anymore, anf have "paid your debt to society". So what? If someone goes bankrupt I may work out something so they can pay their debt but that doesn't mean once it's paid I should just forget it and loan them more money.

Anyhow, far less than half the adults of working age are felons so close to half of all jobs being off limits ought not to be a serious problem.

There might be room for a more "nature of the crime" based approach; for example a former embezzler is not likely to go on a rampage so they might be fine as an armed guard (at least, for things other than money). A former murderer who never stole a thing might be perfectly fine as a lawyer.

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PostPosted: Mon Feb 18, 2013 10:17 am 
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Diamondeye, who's deciding it currently? It's not like the government has some expert panel that decides whether felons are reformed or not and then gives them clearance to work in those fields if they feel they are capable.

And it's interesting to see how quickly you're willing to ditch "freedom of association" when it goes the other way. Suddenly, we can't trust individuals to make these kinds of decisions because they might not be "qualified."


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PostPosted: Mon Feb 18, 2013 11:10 am 
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The big problem I have is that barring you from employment is punishment. These "rules" change constantly. Which means we are punishing people further after they have served their sentence. If you want to make it part of their sentence, fine. But you cannot keep punishing people for the same crime.

Now, if private citizens don't want to work with a felon, they shouldn't be forced to.


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PostPosted: Mon Feb 18, 2013 11:22 am 
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Arathain Kelvar wrote:
Now, if private citizens don't want to work with a felon, they shouldn't be forced to.


They aren't. They can quit.

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PostPosted: Mon Feb 18, 2013 12:16 pm 
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Amanar wrote:
Diamondeye, who's deciding it currently? It's not like the government has some expert panel that decides whether felons are reformed or not and then gives them clearance to work in those fields if they feel they are capable.


No, obviously not.

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And it's interesting to see how quickly you're willing to ditch "freedom of association" when it goes the other way. Suddenly, we can't trust individuals to make these kinds of decisions because they might not be "qualified."


Because those fields involve things that affect third parties in very serious ways. Freedom of association applies once third parties are sufficiently protected.

What constitutes fields where there's too much danger to third parties is the purview of the legislature to decide. There's no reason you should be able to hire a known embezzler to work in your bank; the customers should not have to risk their money to find out if its safe or not.

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PostPosted: Mon Feb 18, 2013 12:17 pm 
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Arathain Kelvar wrote:
The big problem I have is that barring you from employment is punishment. These "rules" change constantly. Which means we are punishing people further after they have served their sentence. If you want to make it part of their sentence, fine. But you cannot keep punishing people for the same crime.

Now, if private citizens don't want to work with a felon, they shouldn't be forced to.


Barring people from certian jobs is not punishment.. and in any case, if there's lifelong "punishment" for all felons, so what? Just getting out of jail doesn't magically mean that punishment has to end there.

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PostPosted: Mon Feb 18, 2013 12:26 pm 
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Diamondeye wrote:
Arathain Kelvar wrote:
The big problem I have is that barring you from employment is punishment. These "rules" change constantly. Which means we are punishing people further after they have served their sentence. If you want to make it part of their sentence, fine. But you cannot keep punishing people for the same crime.

Now, if private citizens don't want to work with a felon, they shouldn't be forced to.


Barring people from certian jobs is not punishment.. and in any case, if there's lifelong "punishment" for all felons, so what? Just getting out of jail doesn't magically mean that punishment has to end there.


No, it doesn't. But, the punishment needs to be set at sentencing, not mutable per the whims of whomever is elected.


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PostPosted: Mon Feb 18, 2013 12:41 pm 
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Arathain Kelvar wrote:
Diamondeye wrote:
Arathain Kelvar wrote:
The big problem I have is that barring you from employment is punishment. These "rules" change constantly. Which means we are punishing people further after they have served their sentence. If you want to make it part of their sentence, fine. But you cannot keep punishing people for the same crime.

Now, if private citizens don't want to work with a felon, they shouldn't be forced to.


Barring people from certian jobs is not punishment.. and in any case, if there's lifelong "punishment" for all felons, so what? Just getting out of jail doesn't magically mean that punishment has to end there.


No, it doesn't. But, the punishment needs to be set at sentencing, not mutable per the whims of whomever is elected.


This. We have a process for sentencing. Post-conviction sentencing by legislature as a blanket act does not fall under that process.

Convicted as a sex offender because you were drunk and peed by a school? That probably shouldn't get you a lifetime ban from ever working with kids. Molested a child? That probably should.

And that's something that should be set at the time of sentencing, as judged by the crime and it's severity and associated risk, not something done as a blanket, post-conviction addition to everyone in a particular category.

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PostPosted: Mon Feb 18, 2013 12:52 pm 
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Arathain Kelvar wrote:

No, it doesn't. But, the punishment needs to be set at sentencing, not mutable per the whims of whomever is elected.


I don't see that this is a punishment.

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PostPosted: Mon Feb 18, 2013 1:15 pm 
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Diamondeye wrote:
Arathain Kelvar wrote:

No, it doesn't. But, the punishment needs to be set at sentencing, not mutable per the whims of whomever is elected.


I don't see that this is a punishment.


How would a restriction on one's rights in the situation being discussed not be a punishment? The restriction flows directly from the conviction of a crime.

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PostPosted: Mon Feb 18, 2013 1:53 pm 
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There is no restriction of "rights" going on, and it was not imposed on the individual. It's a restriction imposed on society at large : If you meet criteria A, you may not perform occupation B. It's no different than saying you cannot fly fighter jets without adequate eyesight. The person is legally incompetent for the position, in the same way as any other form of legal incompetence.

It is a consequence, but it is not a punishment. Now, if you want to argue that the type of felony should more closely pertain to which jobs the person is incompetent for, then fine, I can agree with that. If you want to argue people should be able to petition for removal of incompetence on a case-by-case basis, fine, I can go with that.

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PostPosted: Mon Feb 18, 2013 4:20 pm 
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Diamondeye wrote:
There is no restriction of "rights" going on, and it was not imposed on the individual. It's a restriction imposed on society at large : If you meet criteria A, you may not perform occupation B. It's no different than saying you cannot fly fighter jets without adequate eyesight. The person is legally incompetent for the position, in the same way as any other form of legal incompetence.


That's not really correct at all. Eyesight is an inherent physical quality. Being a felon is not. Additionally, it doesn't speak to competence in any way. It speaks to exclusion.

They can still be fully competent to do the job, yet restricted from doing so. Again, name me any such restriction that is a direct result of the prior actions of an individual.

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PostPosted: Mon Feb 18, 2013 6:09 pm 
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I don't see that "inherent physical quality" matters at all.

And yes, it speaks to competence - legal competence. I'm not talking about physical ability to do the job. A blind person is legally incompetent to drive, because of their physical inhibition. A felon is legally incompetent to hold certain jobs because they're a felon. The principle is long-established as a matter of precedent.

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