Every felony conviction carries a sentence of at least one year in prison, jail, probation, parole or a combination thereof. We tend to think of sentences to prison or probation or parole as the total sentence. These sentences certainly should get our attention because they are serious. In fact, when we plead to a felony – whether guilty or innocent – it’s usually to avoid or reduce prison time or reduce the length of the sentence. However, we don’t think about the collateral sentences that come with every plea. In reality, felony convictions carry sentences that last for life.
Let’s utilize the state of Alabama to explore this proposition because state laws vary. In Alabama, a felony conviction usually means the loss of the right to vote. Although the law says it is only felony convictions involving moral turpitude that deprive us of the right to vote, the list is long and applied way too liberally. Voting is the central indicia of citizenship. We are not just sentenced to prison or probation; we are deprived of our citizenship. Felony convictions carry sentences that last for life.
After we serve our sentences, whether one year or 50 years, we can get out of prison. We can get off probation. We can get off parole. But we cannot get out of the collateral life sentences, for they continue in various ways. Although we can apply to the Pardon and Parole Board to reinstate our voting rights, it is a cumbersome process. Only a very small percentage of us ever get our voting rights back. Felony convictions carry sentences that last for life.
Felony convictions limit our ability to secure good jobs for the rest of our lives. When we leave prison or complete parole or probation, we are usually limited to jobs that few others want. When we apply for decent jobs, there is a question on the application concerning felony convictions with a “yes” and a “no” box. When we check the “yes” box, we usually don’t get an interview. Our applications are dead. Felony convictions carry sentences that last for life.
A felony conviction cancels our Constitutional rights to keep and bear arms. In Alabama, this is a precious and well protected right for everyone except those convicted of felonies. Even many years after the felony conviction, the Second Amendment right to keep and bear arms is not reinstated. Felony convictions carry sentences that last for life.
When we are convicted of felonies, our educational opportunities are limited. In certain prisons, there are limited opportunities to get additional education. However, when we get out of prison, there may be a box on our applications for college. If we check the felony conviction box, our applications are dead on arrival. Felony convictions carry sentences that last for life.
Even if we manage to get admitted to college, certain felony convictions affect school loans. For example, certain drug convictions prevent students from securing student loans. When we check the felony conviction “yes” box, our sentence is extended way beyond time served. Felony convictions carry sentences that last for life.
Some felony convictions affect our right to certain federal programs. We are banned from publically subsidized housing. We cannot obtain food stamps. There are no time limitations when our convictions cease to be factors. Felony convictions carry sentences that last for life.
Felony convictions for sexual crimes usually result in our being placed on the Sex Offender Registry. Even when we complete our sentences, the registry entangles us for the rest of our lives. They affect where we live and whom we interact with. It is virtually impossible to get off the sex offender registry. Felony convictions carry sentences that last for life.
Certain felony convictions can result in the loss of the following: right to serve on a grand jury; right to enlist in the Armed Services; right to secure federal contracts; and so on. Felony convictions carry sentences that last for life.
Last but not least, felony convictions impact our families and our standing in our communities. When we are convicted, our status is reduced for the rest of our lives. Some are affected more than others, i.e. women. Our families are also adversely impacted in so many ways. Felony convictions carry sentences that last for life.
We call our approach to incarceration “corrections” or something of that nature. Presumably we can be corrected and therefore get out of prison or off parole or probation. However, the unseen sentences presume that we cannot be corrected, so the rights, privileges and benefits of citizenship are compromised for a lifetime. Felony convictions carry sentences that last for life.
The United States of America has the longest prison sentences in the world. That is one of many reasons why we have 25 percent of the world’s prison population with only 5 percent of the world’s population. In addition to the longest sentences, we have the harshest collateral sentences. Something is wrong when felony convictions become sentences that last a lifetime.
EPILOGUE – Sometimes we focus on the obvious and miss that which is more impactful. Sentencing for felonies is such a thing.
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