should prisoners be allowed to vote essay

This is why there is a lot of Pros and Cons on whether to allow ex-felons to vote or not. *You can also browse our support articles here >. You can view samples of our professional work here. Administrative Law Furthermore, both sides of the argument must be taken into balance before a final decision is taken as this decision may impact the entire future of a country. Voting is arguably the most important task for a citizen of our country, and is the best way that people can make an impact on our government. A felony is a serious crime usually punishable by imprisonment or death. Registered Data Controller No: Z1821391. Also that being in prison is already punishment enough. If an individual is to be disfranchised that must be in pursuit of a legitimate aim…. By twelve to five votes that the respondent state was to pay the applicant a sum in respect of costs, expenses and interests. “By committing offences which by themselves or taken with any aggravating circumstances including the offenders character and previous criminal record require a custodial sentence, such prisoners have forfeited to have a say in the way the country is governed for that period. Whether or not an offender was in fact deprived of the right to vote depended entirely on whether the judge imposed a custodial sentence or not. The role of the court was to ensure that any limitations did not impair the very essence of the rights, that they were imposed in pursuit of a legitimate aim, and that they were proportionate. However someone who has committed a felony 1 or 2 should lose that right, they are clearly not in their right minds and should not be treated as such. It cannot be seen as a punishment for prisoners as in the present case the court ruled that the applicant had completed the … there was no logic in denying him the right to vote. It is ironic that the Government has declared a commitment to promoting universal suffrage,58 is concerned about underregistration among the electorate, and has introduced a new bill this session,59 which, is designed inter alia to improve electoral registration, but at the same time it continues to exclude convicted prisoners. I’m not going to Just throw this stink-bomb out there; everyone knows the only political party who wants this is the Democrats, because they would receive 99% of the criminal vote. Although some categories of prisoners retained the right to vote, the bar affected a wide range of offenders and sentences. The court held by twelve to five votes that there had been a violation of article 3 of Protocol 1. If we accept to give those prisoners the choices of the future is the point of law? They are still criminals who broke the law, which in this context means that the choices they are going to make will not be to help keep order but to help to bend it when it pleases. The concept of universal suffrage is defined as every adult citizen capable of voting should have the right to vote and the opportunities to vote. Once you are imprisoned, most of your rights are taken away from you. People in Jail have already proven that they can’t be productive members of society, so they shouldn’t get this important task. Such a general, automatic and indiscriminate restriction a vitally important convention right fell outside the margin of appreciation. I believe it may be harsh, but not harsh enough to banish those monsters Can we really take any as parents? The chamber found that the exclusion from voting imposed on convicted prisoners in detention was disproportionate. This will be the type of people which take decisions for our children 's future! Prisoners should receive the basic human needs of food, clothing, medical attention and exercise. Do you have a 2:1 degree or higher? The United States is one of the world’s strictest nations when it comes to denying the right to vote to citizens convicted of serious crimes. The right to vote was not a privilege, and the presumption was in favour of universal suffrage. As I believe right to vote is a right not a privilege and people are sent to prison to lose their liberty not their identity. The Court also noted that, although the right to vote is a right and not a privilege and Article 3 of Protocol No. This is not an example of the work produced by our Law Essay Writing Service. The 1969 Act lowered the age from 21 to 18 for all citizens and this has been the case since then although the Liberal Democrat party campaigned that they would lower the voting age from 18 to 16 at the last general election but there has been no change. Not rehabilitation, which is only for people that have short term Jail time. Life without parole and death row inmates are not in there for rehab. I cannot see a link between deterrence of crime an disenfranchisement of prisoners, as pointed out by the prisoner reform service given prisoners the right to vote can a have a number of advantages also it can save thousands of pounds of tax payers money which the government would have to pay out if they choose not to implement the ruling. Mr Howarth M.P speaking for the government maintained the view that “it should be part of a convicted prisoners punishment that he loses rights and one of them is a right to vote”. During the passage through parliament of the representation of the people act 2000, which permitted remand prisoners and unconvicted mental patients to vote. A felon is defined as a person who has been convicted of a felony, which is a crime punishable by death or a term in state or federal prison. Laws are instituted agreement of the constitution that made to be upheld. The three claimants had applied for their names to be added to the electoral register but were refused by the virtue of section 3 of the Representation of the People Act 1983 which states “A Convicted Person during the time he is detained in a penal institution in pursuance of his sentence… is legally incapable of voting at any parliamentary or local election”. I believe someone who went to jail for not paying their taxes or a less serious crime should be allowed to vote (felony 3 and 4). Why not break laws it if there is no punishment? The court considered that Protocol 1 article 3 of European Convention of Human Rights did not on its face, confer rights on individuals but it had been previously been interpreted as conferring such a rights. Let a Professional Writer Help You, © New York Essays 2020. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Prisoners should receive the basic human needs of food, clothing, medical attention and exercise. Therefore they were denied the right to vote and issued proceedings in the High Court under section 4 of the Human Rights Act 1998, seeking a declaration that this provision was incompatible with the European Convention on Human Rights. The court had accepted that the rights described in Protocol 1 Article 3 included the right to vote, while acknowledging that the right was not absolute and there was scope for limitations. It had regard to the fact that it stripped a large group of people to vote, that is applied automatically irrespective of length of sentence or the gravity of the offence, and that the result were arbitrary and anomalous, depending on the timing of the elections. It was mentioned that prison is meant to be rehabilitative, but not all rison sentences are meant to be rehabilitative but purely punitive. Copyright © 2020 IPL.org All rights reserved. They should not be allowed to vote. The act was accompanied by a statement of comparability under s.19 of the human rights act 1998. Hire a Professional to Get Your 100% Plagiarism Free Paper. VAT Registration No: 842417633. Section 4 of the Human Rights act 1998 provides, Sub 2 applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a convention right, If the court is satisfied that the provision is incompatible with a convention right, it may make a declaration of that incompatibly. The question one has to ask is whether its the parliaments role to punish? Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. On the other hand the consequences of allowing prisoners the right to vote as it would be sensible decision as it will not alienate them from the society which they will enter once they have completed their sentence. All the rights should be vanished from the ones that are being imprisoned Fact of the matter outside the prison walls or fences is free world of bylaws. The aim of this was to achieve respect for the law and deterrence for crime and. Which is enacted by parliament in to the Representation of People Act 1983 and later amended by the Representation of People Act 2000? They are created for a reason. Convicted felons should not be allowed to vote. Because they have gone against the law, Jail time is the punishment for what they did. The Representation of people Act 1928 went on further to give equal rights to women as men by removing property right qualifications and lowering the age limit to 21 same as men. But, I believe they should be given a right to vote since voting is a right, not a privilege, and actually I think it’s a responsibility. In Europe only eight countries, including the UK, did not give convicted prisoners the right to vote, while twenty did not disenfranchise prisoners and eight imposed a more restricted disenfranchisement, The cases before the European Commission of Human Rights and the ECHR was, I return to what was said by the European Court in Paragraph 52 of the Judgement in Mathiew – Mohin v Belguim ofcourse as far as an individual is concerned disenfranchisement does impair the very essence of his right to vote, but that is too simplistic approach, because of Art 3 of the First Protocol is really concerned with the wider question of universal franchise, and the free expression of the opinion if the people in the choice of the legislator. Ladies and gentlemen, today we are here to discuss an important matter, should prisoners be allowed to vote. Secretary of state’s reason given in the proceedings for maintaining current policy. Giving prisoner the right to vote can add to their process of rehabilitation as they will not be alienated from the society which they tend to go back in to once out of prison.

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