In my observations of the American public, people generally seem to be fine with the extreme sentences and punishment that the system doles out. We’re completely apathetic towards most criminals (usually unless they happen to be rich & white), without understanding the circumstances that created their situation.
Take the Crystal Mason case. She’s a Texas woman of color who voted illegally in the 2016 election and got a 5 year prison sentence[0]. The problem was that her parole officer never told her she was ineligible to vote, so she went to the polls thinking that she was doing so legally. Now, not knowing what you’re doing is a crime isn’t a legally sound defense argument, but it does raise serious questions about how we view punishment and those we deem should be punished. While I don’t think that crimes shouldn’t be punished, 5 years for voting mistakenly is an abhorrent sentence, and serves to further divide power between the rich and poor.
> Now, not knowing what you’re doing is a crime isn’t a legally sound defense argument, but it does raise serious questions about how we view punishment and those we deem should be punished.
Mens rea is more intention to do the act, not knowledge of criminality. For example intentionally killing someone is murder even if you didn't know murder is a crime (because the act or killing was intended). The mens rea is intention to kill (if you lack the mens rea you end up with manslaughter or something equivalent).
It could be, but in order to sign a provisional ballot you have to sign a form that tells you you can't vote as a convicted felon. So even if she honestly didn't read the form (which wouldn't surprise me!) it severely undercuts her argument.
>What's the idea behind convicted felons not being allowed to vote?
Disenfranchisement, and the 13th amendment. The "justice" system in the United States, especially enabled by laws surrounding drug prohibition (created for the purpose of suppressing Nixon's political opposition, hence why cannabis is schedule 1 federally), is the modern embodiment of the Jim Crow system that was supposedly abolished.
Prisoners are specifically exempted from the slavery protections provided by the 13th amendment. Allowing prisoners, who are being housed at the expense of the tax payer, to be forced to work for pennies as literal slaves, often for private corporations.
Despite marijuana use being equally prevalent among white and black populations, blacks are several times as likely to be arrested for marijuana possession. Despite cocaine and crack being literally the same drug, the only difference being if it's in its hcl salt or freebase form, crack is prosecuted by a weight ratio of 18:1 compared to cocaine. Before the "fair sentencing act" was passed in 2010, this ratio was 100:1. Low level crack dealers caught with 10g were prosecuted the same as somebody caught with a kilo of coke, triggering mandatory minimums of decades for drug trafficking.
Can you guess why this prosecutional disparity existed (and still exists) between two different forms of the same drug?
Hint: it's the same reason why felons are politically disenfranchised.
I find it crazy (among the other things mentioned too) that taxpayers are subsidizing cheap prison labor for major corporations. Also crazy to me is the cost to house inmates in many states being more than the national average in terms of income[0] considering the poor conditions of these institutions.
Felons are less likely to vote for the system that put them in jail, the system that put them in jail has the power, so the system that put them there stops them from voting so it can stay in power.
> In my observations of the American public, people generally seem to be fine with the extreme sentences and punishment that the system doles out.
Many thousands have been marching across the nation for weeks now, precisely because they are not fine with these extreme sentences, and other abuses of law enforcement.
Take the Crystal Mason case. She’s a Texas woman of color who voted illegally in the 2016 election and got a 5 year prison sentence[0]. The problem was that her parole officer never told her she was ineligible to vote, so she went to the polls thinking that she was doing so legally. Now, not knowing what you’re doing is a crime isn’t a legally sound defense argument, but it does raise serious questions about how we view punishment and those we deem should be punished. While I don’t think that crimes shouldn’t be punished, 5 years for voting mistakenly is an abhorrent sentence, and serves to further divide power between the rich and poor.
0: https://www.npr.org/sections/thetwo-way/2018/03/31/598458914...