I
heard a very interesting topic on a local radio show the
other day and I decided to call in. I knew that facts would
be missed and haters of a social agenda would skew the conversation.
I was right. As with most call-in shows, the host will
rarely give you adequate time to make your point; so I’ll
do it here.
The
formerly incarcerated individual who is returning to society
after serving his/her time in prison is purposely and systematically
iced out of society. That was the topic of discussion.
It is a calculated effort to maintain a lower class and
for the privileged class to maintain power and control.
Now,
I may sound like a conspiracy theorist, but allow me to
clarify my thesis. First, let’s start with the Constitution.
The 13th Amendment states: “Neither
slavery nor involuntary servitude, except as a punishment
for crime whereof the party shall have been duly convicted,
shall exist within the United States, or any place subject
to their jurisdiction.” What this clause does is legalize and legitimize
slavery, pertaining to one who has committed a crime. Those
who held the power made distinctions, years after the writing
of the Bill of Rights, between “classes” of crimes—misdemeanors
and felonies—to isolate chosen classes according to their
deeds. The Bill of Rights did not do that.
So, when the “War On Drugs” was
initiated, political classists wrote petty drug crimes and
classified them as misdemeanors - when they were formerly
felonies. This act adversely affected Black Americans whose
communities were flooded with cocaine in the 1980’s. That’s
why the recent custody incarceration rate for Black males
was 4,618 per 100,000. Hispanic males were incarcerated
at a rate of 1,747 per 100,000, where the estimated incarceration
rate of white males was 773 per 100,000. Blacks were six
times more likely to be incarcerated.
When it comes to drugs, Blacks comprise 62.7 percent and whites 36.7
percent of all drug offenders admitted to state prisons;
yet there are five times more white drug users than Black
[drug users]. Relative to population, Black men are admitted
to state prisons on drug charges at a rate that is 13.4
times greater than that of white men. In large part because
of the extraordinary racial disparities in incarceration
for drug offenses; Blacks are incarcerated for all offenses
at 8.2 times the rate of whites. This is by design.
One in every 20 Black men over the age of 18 in the
United States is in state or federal prison, compared to
one in 180 white men. This is no coincidence.
Although Blacks account for only
12% of the U.S. population, an estimated 38.9 percent of
all prisoners in the United States are Black. That means
that when those prisoners are released, there will be a
smaller number of Blacks who, on merit, compete with whites
for employment opportunities, licenses, government contracts
and political relationships.
But
I digress, the issue of social isolation is the topic.
Federal law holds that once an ex-offender returns after
completion of his/her sentence, he/she cannot be hired by
a family member. This method of employment is chief among
immigrant classes in America. Yet, the returning citizen
is iced out of doing what is “American.”
Federal law also holds that a returning citizen cannot apply
for, nor hold, professional licenses—including a barber’s
or a real estate license. Employment
applications have long included a box that an applicant
must check if he/she has been convicted of a crime, regardless
of felony or misdemeanor. We, as a society, know that employers
are reluctant to hire ex-offenders. Though it has long been
known that there is a direct link between criminality and
unemployment, few states have been proactive in remedying
this short-circuit to successful re-entry. It does
create more law enforcement jobs. As of 2011, there are
no federal laws prohibiting discrimination against ex-offenders;
thereby legally keeping this class of citizens out
of society’s loop. Other minorities are part of a protected
class.
I posit that a class-action suit should be filed claiming “protected
class” status for re-entering citizens. Some will argue
“this is a condition you chose.” I would retort
that gays are a protected class with a difference that they
weren’t “born” with—just like an ex-offender. This systemic
denial of opportunity to participate in American society
is un-Constitutional. The objective by the descendants
of “white, male landowners” is to maintain economic superiority
by limiting competition in areas of employment, contracts,
education, and politics.
Leaving prison means competing with many others facing severely economically
constricted job prospects as well as the general public.
As the Urban League estimates, roughly 1,600 inmates are
released every day to communities not eager to welcome them
back. Six states bar ex-felons from public employment, and
in many others, any kind of educational, legal, medical
or real estate job is also out of the question. This
systemic discrimination against returning citizens can literally
mean a "wage tax" of 10 to 20% lower income, as
compared to someone who has not been to prison, a Princeton
University research paper suggests.
Just looking for work is a daunting task. Lack of a stable address
is one problem, since many returning citizens initially
live in halfway houses or with reluctant friends and relatives.
Moreover, re-entry finds them scrambling to learn the basic
skills, such as using e-mail or social media. That’s the
chief means of applying for work nowadays. Even when a
returning citizen finds work, they will likely earn less
and have trouble getting promoted because of their past
conviction.
Back to my call to the show: An opponent of fair and equal opportunity
said, “That’s the price of bad decision-making.” My question
is that if one has fulfilled his/her obligation as a consequence
of a crime by serving the prescribed sentence (whether just
or not), then when is the obligation sufficiently satisfied?
When is the debt fully paid? Nowhere in the Bill of Rights
does it state the term for debt repayment is lifelong.
My point here is: In this country that proudly boasts to
be a Christian and “chosen” nation, the time has come to
make concerted attempts for her to practice what she preaches.
It is hypocritical to quote the law when it’s convenient,
then ignore it when it’s inconvenient.
For those of us returning after a stint in prison, you can call yourself
a “returning citizen” until you’re blue in the face, but
the reality is our society treats you as anything but.
We have the same needs as men and women returning from military
service—simply because we both happen to be human under
traumatizing conditions—yet this fact is blissfully ignored.
Many won’t and don’t like this reality, but this is a citizen’s
truth in returning.
BlackCommentator.com Columnist, Perry Redd,
is the former Executive Director of the workers rights advocacy,
Sincere Seven, and author of the on-line commentary, “The Other Side of the
Tracks.” He is host of the internet-based talk radio
show, Socially Speaking in Washington, DC. Click here to contact Mr. Redd.
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