Felony Inmates Reintegration Back Into Society - Essay Example

? Felony Inmates Reintegration Back Into Society Introduction There are various felony crimes that could be committed and that have been committed. According to Criminal Law Attorney, felony crimes constitute offenses which are more serious and heavier than misdemeanor crimes like public intoxication and petty theft (2012). The penalty for felony crimes includes fines, incarceration and other punitive punishments. A person convicted of felony crime in a court of law is referred to as a felon (Hattery & Smith, 2010). The rights of convicted felons would often be revoked, for example, the right to vote, the right to bear arms and the right to offer service in the military. Felony crimes could be categorized according to the degree which shows the severity of crime. Of all the felony crimes in this categorization, the most serious are first degree crimes. The definitions of these degrees vary depending on the state or federal laws applicable and also depending on the presiding jurisdiction. While some felony offenders would be tried through the system of state criminal justice, others would be tried through the federal court system. These would be governed by state laws and federal laws respectively. This means that despite the similarity in some types of felony crimes, the outcome could be different depending on where they were tried. Similarly, these crimes could be categorized into two; ones that are violent by intent or act and those ones that are not. Non-violent felony crimes are usually considered as white collar crimes. They would mostly be committed in businesses or professional set-ups with the aim of gaining financially at the expense of another person’s loss. Cullen, Jonson and Nagin (2011) approximate that these crimes constitute about 20% of all reported felony crimes. Examples include tax evasion, bribery, identity theft, embezzlement, antitrust and insider trading. To falsely register in this context implies to register in such a way that it prevents effective identification of the one who registered (Chen & Shapiro, 2007). There are felony crimes that are violent in intent or nature. These include attempted murder, murder, rape, armed robbery, sexual assault and aggravated assault among other acts likely to inflict bodily injury. These convictions make up about 4% of federal convictions as compared to over 16% in state convictions (Hattery & Smith, 2010). Arson refers to an offense that involves maliciously damaging a building, vessel, inhabited structure or any property through fire or explosive (Travis & Visher, 2005). There are other felony offenses that are neither violent in nature nor intent and include burglary, fraud, forgery and larceny. O’Brien (2010) observed that about 67% of convictions for property felony crimes lead to incarceration. Other non-violent crimes include drug trafficking and possession and about 90% of those convicted of crimes related to drugs face incarceration (Hattery & Smith, 2010). The penalties for felony have been classified into tiers depending on each state’s arrangement. They are often categorized in alphabetical and numerical classes like Class 1, Class A and first degree felony, with crimes in a class bearing similar punishment. Other categories could include Class 2, Class B and second degree classes and Class 3, Class C and third class felonies. Murder felony charges and capital punishment would be in their own category. Federal felony classifications have crimes divided from Class A to Class E charges, which determine the fine to be charged depending on the severity of crime and the offender’s prior criminal records. Generally, felonies convicted on State level are less harsh than Federal punishments (Allard, 2002). How well do inmates regain or create family bonds after incarceration? The terms of incarceration for felony cases vary greatly but usually above one year and could even go to one having a life sentence. According to Scirmer, Nellis and Mauer, M. (2009), 1.7 million American children had their parents in prison in 2007. These children were left under the care of their grandparents or adopted by other families. After release from prison, both the children and parents encounter major challenges in reuniting. The consequences of felony go beyond incarceration because even after paying the debt owed to the society, one never seems to catch a break. There are various reasons as to why the society finds it difficult to take back a member of family after imprisonment. Travis and Visher note that such persons may “encourage crime in children raised in these families” (2005, p. 216). Such persons take longer to form their own families. Similarly, former prisoners find it difficult to establish stable families as incarceration disrupts family bonds. While studying the challenges that women face on reentry into the society after conviction, O’Brien (2010) observed a general increase in the number of men and women incarcerated in federal and state prisons. Just like men, the researcher advices that women going back to the community from prison cells need to be strong. The obstacles would be too many that it becomes so easy for them to fall back to the cycle of re-arrest and release. According to O’Brien (2010), a lot of unfruitful effort is spent in warehousing prisoners instead of addressing their reason for committing crime. Lack of financial capacity to take care of their families has been pointed out as the major challenge that such women face. As such, most of these women would be involved in drug scandals. Welfare policies in the US are against financial support for parents convicted of drug felony hence their inability to take care of their children after being released from prison. As such, there is need to reconstitute these welfare policies so as to consider drug convicts for at least limited cash and food stamps assistance. Allard (2002) further argues that without this support, most of the women with children would find it hard to overcome addictions, access health facilities and raise their children. Another challenge that ex-convicts of felony face is the re-establishment of their homes and families; regaining physical and legal custody of their children; securing affordable housing and being able to meet their basic needs; and creating new social network including intimate relationships. Such people would always be stigmatized particularly the women who O’Brien notes are more vulnerable to stigmatization by not only their families but also community and landlords (2010). How well do inmates acquire and retain employment after incarceration? The convicts of felony encounter a lot of trouble trying to secure decent jobs later in life. Though not impossible, the chances become minimal. Not only is such a person limited to odd jobs but also the odds of getting employed don’t appeal at all. Coppolo, Reinhart and Nelson (2005) observed that a convicted felon would most likely lose professional permit or license. Nonetheless, licensing agencies have been barred against revoking licenses as the law does not allow one to be disqualified from engaging in an occupation, business or profession where a state license is needed merely because of prior crime conviction except in special conditions. Various statutes give the government authority to suspend or revoke permits or licenses for felony convicts. Private employers are allowed to ask for a prospective employee’s criminal records but the 1964 Civil Rights Act, Title VII restricts use of this information to hire. Despite being illegal, it would be difficult to prove that one was discriminated based on their record. Most of these ex-convicts would fail to be employed because of eroded job skills and criminal conviction stigma that makes them unattractive candidates. Studies reveal that 33% of the employers in the US would employ ex-convicts as compared to 80% and 70% for welfare recipients and long term unemployed persons (Travis & Visher, 2005). In fact, Mahurin advices ex-convicts of felony not to seek employment in medium to large organizations as most of them would find their association as probable liability (2012). If this is to happen, then it has to be supported with a lot of positives on such a person’s resume between conviction and application times. Small companies which offer the ability to work with the owner would be home to such persons. Such companies value the input of each employee and would not be ready to lose any one of them. Semi-skilled and unskilled labor positions would be most preferable. Volunteering in community service would make such person’s resume look good. How well do inmates refrain from recidivating after incarceration? Felony convicts end up in prisons because of bad behavior and worse still, they could learn even worse in these prisons. O’Brien (2010) observed that substance abuse is the leading trigger for recidivism among women. It would be important to therefore ensure that ex-offenders do not go back to some of these behaviors after their release from prison. Incarceration should cause convicts to weigh the cost of crime and cause a shift in their preferences and values. However, data on recidivism shows that 67% of released prisoners would be re-arrested and that 50% would be re-incarcerated within three years from their release from prison (Freeman, 2003). Recidivism is more common among men aged between 20 and 40 and modestly higher among the blacks in the US. Freeman (2003) argued that increased rate of recidivism does not necessarily imply that incarceration is ineffective on the behavior of a criminal. The researcher observed that 90% of released prisoners claimed to have been incarcerated for a crime other than that which they committed. Cullen, Jonson and Nagin on the other hand argue that the effectiveness of incarceration should be evident in the outcome of the prisoners’ character and their adoption of the new found ways without recidivating (2011). The prisoner should come out a better person. The fact that prisons are more painful than community sentences make them more effective in changing behavior. O’Brien (2010) suggests availing drug treatment in and out of the criminal justice system which should be connected to community care. This would go a long way in helping women and other ex-convicts to recover from drug addictions. Incapacitation, which is caging prisoners to reduce their crime participation, would play a major role in refraining prisoners from crime (Cullen, Jonson & Nagin, 2011). Freeman (2003) suggest programs that impart socially acceptable values to prisoners as neurologists claim that damages on brain’s frontal lobe cause the victims to engage in deleterious activities. Travis and Visher (2005) point out at joblessness as a risk factor in criminal involvement. As suggested by Chen and Shapiro (2007), employment would largely reduce the risk of recidivating among ex-convicts charged with felony. Similarly, with adequate support from their families and the community, most of these ex-convicts would permanently convert for good. Conclusion Felony crimes are serious crimes that lead to long term incarceration. As such, felony crime convicts spend a lot of time in the prisons. After incarceration, they receive negative reception from their families and the community as they reenter the society. Other than difficulties in reuniting with their families, they also find it difficult to secure decent jobs. This stigmatization makes them vulnerable to recidivating. Therefore, there should be changes in government policies to offer the necessary support to such persons. More so, the families involved and the community at large should accept them and help them financially, psychologically and socially so that they gain back decent lives. Reference Allard, P. (2002). Life Sentences: Denying Welfare Benefits to Women Convicted of Drug Offenses. Washington, DC: The Sentencing Project. Chen, M. K., & Shapiro, J. M. (2007). Do Harsher Prison Conditions Reduce Recidivism? A Discontinuity-Based Approach. Oxford University Press. American Law and Economics Review, vol. 9, no. 1. Coppolo, G., Reinhart, C., & Nelson, J. (2005, April 5). Consequences of a Felony Conviction Regarding Employment. OLR Research Report. Criminal Law Attorney (2012). Types of Felony. Retrieved 29 January, 2012 from http://www.criminal-law-lawyer-source.com/terms/felony-types.html Cullen, F. T., Jonson, C. L., & Nagin, D. S. (2011). Prisons Do Not Reduce Recidivism: The High Cost of Ignoring Science. Sage Publications. The Prison Journal, vol. 91, no. 48. Freeman, R. (2003). Can We Close the Revolving Door?: Recidivism vs. Employment of Ex- Offenders in the US. New York University Law School. Hattery, A. & Smith, E. (2010). Prisoner Reentry and Social Capital. Lexington Books Publishers. Mahurin, D. (2012). How does a person with a felony find a job after he has served his time? Retrieved 29 January, 2012 from http://howfelonscangetjobs.blogspot.com/ O’Brien, P. (2010). Mapping The Way Home: Reducing Barriers to Women’s Reentry After Prison. Retrieved 29 January, 2012 from http://womenandprison.org/ Scirmer, S., Nellis, A., & Mauer, M. (2009). Incarcerated Parents and Their Children: Trends 1991 – 2007. Washington, D.C.: The Sentencing Project. Travis, J. & Visher, C. A. (2005). Prisoner Reentry and Crime in America. Cambridge University Press, pp. 216 – 25. Read More