The right to vote was not a privilege, and the presumption was in favour of universal suffrage. Most prisoners get far more privileges than they deserve. When sentenced they are taken out of society with their privileges also taken away. 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. Why not break laws it if there is no punishment? When sentenced they are taken out of society with their privileges also taken away. 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. This is not an example of the work produced by our Law Essay Writing Service. Which is enacted by parliament in to the Representation of People Act 1983 and later amended by the Representation of People Act 2000? This matter is mostly based on opinions but such an important decision cannot be taken lightly. Voting is a privilege, not a right, and people who are in Jail have forfeited that privilege. The chamber found that the exclusion from voting imposed on convicted prisoners in detention was disproportionate. Although Art 3 of Protocol 1 was not phrased in terms of a particular right or freedom, it did grantee individual rights and imposed positive obligations on contracting states to provide those rights. 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. The court seems to have taken the view that the right to vote is a privledge not a right. 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. Such a general, automatic and indiscriminate restriction a vitally important convention right fell outside the margin of appreciation. 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. This was challenged in court on a number of occasions the recent developments in this area come from. 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. 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. They are prisoners; of course they shouldn’t have the right to vote. The United Kingdom moved towards this concept by passing legislation through parliament which enfranchised citizens, the first piece of legislation was the Reform Act 1832 which gave only a limited number of male adults the right to vote and disenfranchised a large proportion of the public including the working class. They should not be allowed to vote. Once you commit the rime, your privileges are taken away from you. 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. Once you are imprisoned, most of your rights are taken away from you. 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. Prisoners are not allowed to vote in any election given the fact that they lose their freedom once they are convicted. Violating freedom is up to that perspective individual and once that has been scorn freedom is no longer the American dream. Many other countries allow prisoners to vote. The Court also noted that, although the right to vote is a right and not a privilege and Article 3 of Protocol No. VAT Registration No: 842417633. Life without parole and death row inmates are not in there for rehab. 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. Registered Data Controller No: Z1821391. Yes, prisoners have committed crimes, and yes, some of those are egregious. Looking for a flexible role? Role of Students in Disaster Management in USA, A Manifesto for the Position of School Prefect, Cleaning, Decontamination and Waste Management. 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. During the passage through parliament of the representation of the people act 2000, which permitted remand prisoners and unconvicted mental patients to vote. How about receiving a customized one? This is why there is a lot of Pros and Cons on whether to allow ex-felons to vote or not. 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. Removal from society means removal from privileges of society, amongst which is the right to vote for one’s representative. 6th Aug 2019 You can view samples of our professional work here. Or do they simply just apply the law and its the legistalorot who lays down punishment through parlaiament. The court gave dismissed the application on the following grounds. Some may, have children and decide to protect them, and not all people are criminals as some people may argue. When you are apart of the society, you are allowed the privileges the citizens of the society have. In conclusion, Just like getting a DUI you lose your right/privilege to drive. People in Jail have already proven that they can’t be productive members of society, so they shouldn’t get this important task. This matter is mostly based on opinions but such an important decision cannot be taken lightly. 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). Copyright © 2020 IPL.org All rights reserved. The act was accompanied by a statement of comparability under s.19 of the human rights act 1998. If you are in Jail at the time of an lection you lose the right/privilege to vote. Hire a Professional to Get Your 100% Plagiarism Free Paper. This relates back to the 140 year old blanket rule relating back to the Forfeiture act 1870 and idea of civic death. The aim of this was to achieve respect for the law and deterrence for crime and. 1 had been violated. 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”. The limitations imposed on the right to vote were legitimate as it was considered part of a prisoners punishment that he loses those rights. Because they have gone against the law, Jail time is the punishment for what they did. 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. The most significant change was brought by The Representation of people Act 1918 which granted the right to vote to all adult males over the age of 21 without any property restrictions and women aged 30 and over with some property right restrictions. 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. Prisoners should receive the basic human needs of food, clothing, medical attention and exercise. This will be the type of people which take decisions for our children 's future! 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. As Susan argues that. 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. 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. Although some categories of prisoners retained the right to vote, the bar affected a wide range of offenders and sentences. 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. I believe it may be harsh, but not harsh enough to banish those monsters Can we really take any as parents? 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. Essay About Conflict Between Team Members, Canadian Personality In John Hagar's The Stone Angel, Argumentative Speech On Toddlers And Tiaras. Apart from that decision, there was no direct link between the facts of any individual case and the removal of the right to vote. But it will be going against the 140 year old blanket rule which was placed in 1870 and at the moment the majority of the public are not willing to allow prisoners to vote either. Earlier this year, Sen. Bernie Sanders, a 2020 presidential candidate, drew both praise and criticism when, in response to a question posed during a townhall, he declared that he believe inmates, including convicted Boston Marathon bomber Dzhokhar Tsarnaev, should be allowed to vote. The court held by twelve to five votes that there had been a violation of article 3 of Protocol 1. This is said to be incompatible with section 3 of the Representation of the People Act 1983. When you become a prisoner, you are still human but you are a human that has disobeyed or went against the law. Ladies and gentlemen, today we are here to discuss an important matter, should prisoners be allowed to vote. Like the saying goes “If you can’t do the time, don’t do the crime”. 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”. Also from my point of view prisoners should be given the right to vote but it should have some measures placed on this. As far as the disqualification from voting was to be seen as part of a prisoners punishment , there was no logical justification for the disqualification to continue in the case of the present applicant, who had completed that part of his sentence relating to punishment. Preventing Crime by sanctioning the conduct of convicted prisoners and enhancing civic responsibility and respect for the rule of law, were legitimate aims. *You can also browse our support articles here >. If we accept to give those prisoners the choices of the future is the point of law? Not rehabilitation, which is only for people that have short term Jail time. By walkeraulisha, Are You on a Short Deadline? However the rights protected by art 3 of Protocol 1 were not absolute, and contracting states had a wide margin of appreciation.