Florida Governor Rick Scott returns State to Jim Crow Era on Civil Rights Restoration for ex-felons
Governor Scott, who ran on a slogan of “Let’s Get to Work”, obviously does not consider those who have erred and paid the price worthy of being employed. Anyone who has ever completed a job application knows that applicants must answer whether they have been convicted of a crime. Often, a follow up question is whether rights have been restored. In most instances, those who have not had their rights restored have little chance to obtain gainful employment save a few industries, such as construction. With the housing market remaining stagnant, it is easy to conclude that vast numbers of ex-felons will remain jobless.
The Executive Clemency Board is well aware of these facts, as in recent weeks several have met with civil rights and advocacy organizations who voiced their concerns. That the Board chose to ignore the economic impact that this decision will have belies an arrogance that is endemic among too many public officials these days; namely, that political ideology trumps what is in the best interest of the people.
It is certainly within all Florida taxpayers’ interest for our Department of Corrections to complete its’ dual purpose of punishment and rehabilitation. As a society, we have become so singularly focused on the former that in many instances, we forget the latter. This is evident in how programs that deal with mental health issues, substance abuse and education within our prisons are in danger of being cut.
The truth is that we can ill afford not to pay for them, as prisoners who re-enter society without being rehabilitated will soon rob, steal, rape and kill innocent victims.
The same holds true for individuals who cannot find jobs. Recidivism rates are typically highest among former inmates who cannot find employment. In my career as a prosecutor and defense lawyer, I can attest that those inmates who found employment upon release often fare better and become productive members of their community
By changing the rules, our elected leaders have consciously returned Florida to its dark past when measures, some sinister, were enacted to deny rights of newly freed slaves. When Florida gained statehood in 1845 no such laws existed with respect to convicted felons. The rule as we know it dates back to the years following the Civil War, when Reconstruction was beneficial for recently freed slaves who gained citizenship and the right to vote through the 14th and 15th Amendments , respectively, to the United States Constitution.
After Federal troops left the South in the late 1870’s, Florida enacted Jim Crow laws that systematically eroded many of the rights that blacks had only recently obtained. Vagrancy and other laws passed during this era had a disproportionate impact on the number of black men arrested and sentenced to hard time or work in labor camps in North Central Florida—camps whose conditions have been described by historians as eerily similar to Slavery.
As such, when laws passed that stripped felons of their civil rights in the late 1880’s, the impact was more harshly felt by black men who were legally prevented from bearing arms or voting upon release from prison.
Despite this historical backdrop, our new leaders will argue that their ruling this week is racially neutral on its face. That is lawyer speak that essentially says that if a law does not specifically target a given race, then it is not discriminatory. “I believe that it’s only appropriate for the Clemency Board to restore those rights after they have demonstrated a commitment to living a crime-free life”, Attorney General Bondi said, adding “A reasonable waiting period gives us the opportunity to determine whether, in fact, the person has made that commitment.”
Bondi’s purely political posturing fails to account for the fact that the legislature has already deemed what an appropriate punishment is for a given criminal act. When judges impose these sentences and the conditions are completed, it is only logical that the offender is returned to the status that he or she held prior to breaking the law.
Our newly elected leaders are expected to experience the vicissitudes of growing into their new offices. Still, as a Republican, I would be remiss if I did not publicly state that this decision is historically racist, patently wrong and extremely short-sighted.
Chuck Hobbs is a trial lawyer, freelance writer and winner of the 2010 Florida Bar Media Award. Reach him at chuck_hobbs@yahoo.com