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Should Prisoners Get To Vote?

Five-Centres's picture

Well, should they?

0

Well...

They're used to the concept of "X marks the spot".

1
Patrick Crowther | 10 February 2011 - 5:17pm

Depends

what they are voting for. Liquid soap dispensers in the showers?

If for voting in a General Election, further question: did they ever avoid paying any tax?

0
James EB | 10 February 2011 - 5:43pm

I can't think of a good reason why they shouldn't,

and I haven't heard anyone else provide one, so for now I'm going to say 'Yes' to prisoners voting.

0
Georgedivided | 10 February 2011 - 5:53pm

Why not

as George said I haven't heard a good argument against allowing them to vote. Most other civilised countries let their prisoners vote. If you took it to its illogical extreme the government could round up anyone not voting for them and throw them in prison.

0
Simon Ford | 10 February 2011 - 5:56pm

Not so clear cut

I don't actually have a hard opinion on this, just throwing up some thoughts/talking points.

The right to vote was initially based on owning property - conceptually, you had an interest in how the country was run. We have moved away from that minimalist approach, but I wonder if the underlying concept is a valid one:
Government and enfranchisement is a form of contract between us, the people and the government of the day. There's a viable argument, I feel, that convicts have contracted themselves out of the 'system' by7 virtue of having committed a crime and being imprisoned.

At some level, Society has decided that the punishment for committing XXX crime is that you be removed from Society. That seems to me that that can include the right to vote whilst you are in prison.

Can I reframe the question? rather than starting from the default "yes they should because I haven't heard a good argument why not", can someone actually post an affirmative argument?

0
sitheref2409 | 10 February 2011 - 6:16pm

I'll have a go.

Simply, if a prisoner can be arsed to vote, and given that a function of prison is supposed to be rehabilitation should they not be encouraged to do so?
But I would like to hear someone tell me why they think voting rights should be removed from a prisoner. Who decided to connect the two things [criminality and not being able to vote] and why?

1
Georgedivided | 10 February 2011 - 6:35pm

I imagine

it started because polling stations were typically not in the same location as prisons. Prisoners are, systematically over time, gaining rights not losing them. Some I agree with, some I do not.

0
Leedsboy | 10 February 2011 - 6:51pm

If you accept that voting is a universal right

where do you draw the line if you decide to withdraw that right from people? I can appreciate you might feel upset that the bloke who burgled you 6 months back (and is now inside) still gets a say in who becomes MP for your town. But what about his 3 knuckle-dragging, racist, layabout accomplices who got away with it? Or the fence he sold the goods to? Or the bloke who lent him a car to do the robberies with, knowing his mate was up to no good. Or the person who bought your DVD player off a bloke in a pub and who must have known it was dodgy? All of them are part of the crime "supply chain" to some degree or other.

0
Mark JF | 10 February 2011 - 6:31pm

Not as simple as that

Rights only come with obligations. In our society rights are conferred with an obligation to behave within the acceptable norms of the whole group. If you decine that obligation then your rights should decline too. So that is why your liberty is curtailed, and maybe your right to vote too. I'm undecided on the voting one but I confess I'm not losing much sleep over them not being able to vote at the moment either. The fact that there is a supply chain who didn't get caught is irrelevant - once you get caught you're caught. The answer is catch all the bad guys. I'm a bit Old Testament about bastards who go around preying on decent people to be honest.

6
Twangothan | 10 February 2011 - 6:50pm

I totally agree with the rights and obligations line.

But the question remains: where do you draw the line? And for how long? For example, say 2 blokes burgle your house and one gets 6 months while the other gets 12 because he's talked back to the beak and shown a bad attitude. If there's an election during the 6 months when the 1st bloke is free, why should he vote when the person who committed the same crime (ie that specific burglary) can't? And what about someone whose committed a different burglary at the same time and - due to the sentencing lottery we have in this country - been given a fine or community service or a suspended sentence?

They've all committed the same crime but only is denied a vote simply because he happens to be in chokey at the time of the election. That's just plain daft. "You happen to have been caught and you happen to have been inside at the time of the election" simply isn't smart enough.

I'm not sure what the answer is but I think what would be appropriate would be to say: if you've committed an offence for which the sentencing recommendation is, say, 2 or more years inside, then irrespective of whatever sentence you actually receive, you lose the right to vote for 5 years or 3 years from the day of release (whichever is later) and it won't be re-instated unless you remain conviction free.

0
Mark JF | 10 February 2011 - 7:49pm

I guess

It's down to the judge. The bloke who talked back will have 6 months to reflect on the need to behave himself where the one who didn't will hopefully have learned something. Someone who got a different sentence elsewhere lucked out, if he got less. I think it's best to keep it simple. If you're in jail you can't vote, go to the pub, see your mates and all the other things you can do if you don't go round getting banged up. Obviously the law should be the same everywhere, in an ideal world. But that's a different problem.

1
Twangothan | 10 February 2011 - 7:57pm

The question is...

... Should prisoners get to vote?

If a convict is released from prison just before an election then he is, by definition, at the time of the election no longer a prisoner. He is elegible to vote.

The fact that his mate is still in the nick for exactly the same offense is completely irrelevant.

0
Billybob Dylan | 11 February 2011 - 1:05am

Oops! Bugger.

. double post.

I'd vote against double posts if I could, but...

0
Billybob Dylan | 11 February 2011 - 1:09am

Its going to be difficult

getting to the polling station if you're locked up so, logically, no.

Regarding the universal right to vote, its probably no different to the universal right to not being mugged or burgled (or worse). So I'm pretty comfortable with prisoners not having a vote until they have served their sentence. Its probably not the biggest frustration on their list either.

2
Leedsboy | 10 February 2011 - 6:47pm

Well

In favour:

Firstly, It's a legal right. Who says so? The European Court of Human Rights. We, as a country, signed up to abide by its rulings. If we're getting to pick and choose which ones we obey it kind of makes a nonsense of the whole thing.

Secondly, part of the point of prison is to rehabilitate and playing a part in choosing a government is part of being a citizen.

Thirdly, as I understand it, any votes would be postal and allocated to the prisoner's last constituency of residence. So prisoners couldn't vote en (cell) bloc for a particular candidate.

Against:

As some have said, you give up some rights when you commit a crime, get caught and sent to prison.

It would be uncomfortable for me to see Ian Huntley, Ian Brady or Peter Sutcliffe being allowed to vote. Although I think David Cameron is overdoing it with his "makes me physically sick" comments. I bet it doesn't.

On balance, though, I think this is only an issue because prisoners haven't had the vote before and so it seems a big change. If they'd always had it, it wouldn't be a big deal and I doubt people would be campaigning to take it away.

So I guess that makes me either in favour, or not bothered.

1
Thomas the Rhymer | 10 February 2011 - 6:54pm

Very sensible comments

If the right to vote is restricted, then on the "rehabilitation" argument it should certainly be restored to those eligible for parole or in the last year before release.

Do those held in custody pre-trial lose the right? If so that should certainly be restored (presumed innocent until proven guilty etc)

0
Humphrey Plugg | 10 February 2011 - 7:22pm

So who should be allowed to vote?

t the bloke who burgled you 6 months back (and is now inside)

The chances that the guy that burgled you six months back is in now prison are sadly extremely slim. Recent experience of the Police and their handling of such crimes suggests that they would give it no priority whatsoever. Instead they are all frantically looking for terrorists, like needles in a burning haystack.

1
Marky | 10 February 2011 - 7:43pm

Part of the reason for imprisoning people

is punishment. Rehabilitation is desirable, of course. But punishment includes taking away freedom on many levels. And the right to vote seems a reasonable element of this. Crime deprives the victim of many things, depriving offenders of the ability to participate in the democratic process seems to me to be the logical consequence of their actions, which are essentially anti-democratic and unjust,

1
Rufus T Firefly | 10 February 2011 - 7:25pm

String 'Em UP! Death's Too Good For Them!

Fcuking parasites.

But that's enough about politicians.

Ha, Ha.

0
itfc1959 | 10 February 2011 - 9:03pm

No

especially, those MPs banged up for fiddling their expenses.

Seriously, it will be hard to draw the line between different types of offender. If you commit a crime against society you forfeit the right to be able to influence how that society is governed. I'm afraid its that simple as far as I'm concerned.

0
rocker43 | 10 February 2011 - 9:12pm

No

My feeling is also no, for reasons already mentioned.

Further, I don't think you can differentiate between the crimes of the different prisoners - the point remains that they commited a crime severe enough for them to be imprisoned. I think there are issues at present between which crimes lead to prison and which don't, which I'm not sure are going to get resolved, but that's a different argument.

0
kidpresentable | 10 February 2011 - 10:49pm

No

Absolutely not. Economic cooperation is one thing. Judicial sovereignty is quite another. We cannot give way on this. This is is the United Kingdom where citizens enjoy liberties underpinned by the rule of law. If a citizen violates the rule of law, it is right and proper that he foregoes some of his civil liberties.

2
Sheev | 10 February 2011 - 11:47pm

It's nothing to do with economic cooperation

The ECHR is entirely separate from the EU or its predecessors. As you say, we enjoy liberties underpinned by the rule of law. And the ECHR is part of that rule of law and has been since we signed up to it.

Much though some commentators and newspapers would lie to blur the line, this isn't a case of interfering bureaucrats in Brussels.

1
Thomas the Rhymer | 11 February 2011 - 12:00am

I realise that

My point still stands. I was making a comparison about the validity of economic cooperation through the EC and the unnecessary contiguity with the work of the ECHR. Human rights and or civil liberties are sufficiently under-pinnned by UK law. I repeat my assertion that as a convicted offender you forego certain rights - one of which is the ability to vote.

0
Sheev | 11 February 2011 - 8:31am

assertion not the law

that is your view, and you are entitled to it. The key point is that our current situation of not allowing prisoners to vote is illegal. We don't get to pick and choose which laws we follow - that is how people end up in gaol in the first place. If the UK don't like that then we either lump it, or withdraw from our European treaties.

Now that may suit some but is not the point under discussion. Is votes for prisoners such a big issue that it should determine our economic and foreign policy for the next, what, five generations?

BTW, I disagree with you that in the uK hman rights and civil liberties are sufficiently underpinned by UK law. but that is another argument.

(what about Magna Carta? Did she die in vein? - Tony Hancock)

1
paulwright | 11 February 2011 - 8:46am

le post

deuxieme fois

gras

0
Sheev | 11 February 2011 - 9:54pm

I would rather

live under the Common Law principle of the UK, than the Napoleonic Law of France. I am not sure how a construct of separately evolved, differently framed and multifarious legislatures can constitute a single supreme entity.

We seem to be in Le Catch Vingt Deux. It is illegal suddenly because we are signatories to EHCR. It was not illegal before because we had judicial sovereignty.

C'est la vie as they say in Spain, Rodders

0
Sheev | 11 February 2011 - 9:52pm

Och why not?

As if it makes the slightest fucking difference.

0
goatboyuk69 | 11 February 2011 - 12:33am

So where does Poll Tax fit within this grand scheme

If you forfeit rights by committing a crime, could we by extension say that you only get to vote if you're a societal participant, i.e. paying tax ? And why should voting be optional, why not make it mandatory like sunny Oz ?

Not that I'm advocating this or anything. More devil's advocating.

0
Harold Holt | 11 February 2011 - 10:27am

I am a polling clerk

and for the lesser elections (European, etc) where the turnout is embarrassingly low the electorate for these mainly consist of dribbly old men that still live with their mum and they have got their breakfast down their t-shirts, from which day is hard to tell.
Old ladies that get out once a year, usually on the first Thurday in May. Every year it looks like we won't see them again come the next election but they appear and tell us exactly the same racist stories.
The seriously mentally ill.
A first time voter.
A drunk man at 9.55 who spouts about the immigrants.

That's who is deciding our future. Criminals? Bring them on.

0
jimmyshoes01 | 11 February 2011 - 10:38am

Yes, it does seem slightly absurd

to be worrying about prisoners participating in a vote when so few members of the public bother. I've always thought that if you don't exercise your right to vote, then you can't moan when the government does something you don't approve of.

0
DavidC | 11 February 2011 - 10:47am

Perhaps

We should adopt the Australian model where it's a legal obligation to vote, I believe. If you don't vote, you become a criminal!

Seriously, I have a knee-jerk reaction to the question, which is that criminals shouldn't have the right. But if I think about it, I can't see why they shouldn't be allowed. As has been said, prison is as much about rehabilitation as punishment, or so the story goes, so let them vote.

0
policybloke1 | 11 February 2011 - 10:07pm
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