Book Review: James M. Binnall, Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System

In his book, Twenty Million Angry Men: The Case for Including Convicted Felons in Our Jury System, James Binnall discusses whether or not there is sound empirical evidence that proves that ex-convicts should be barred from participating in jury duty. Currently, most states in the United States permanently forbid those with a felony conviction from serving as a juror while some states allow convicted felons to serve only after their entire sentence (including parole and probation) is completed; Maine is the only state that has no restrictions whatsoever.

Turnout and Amendment Four: Mobilizing Eligible Voters Close to Formerly Incarcerated Floridians

Recent scholarship shows that eligible voters in neighborhoods home to many arrested and incarcerated individuals vote at lower rates than those in less-affected neighborhoods. Little work, however, has investigated how this turnout gap might be counteracted. This paper uses Amendment Four, a 2018 Florida ballot initiative that promised to re-enfranchise most individuals whose voting rights had been revoked due to a felony conviction to investigate whether this turnout disparity can be narrowed by a ballot initiative of particular significance to communities most affected by incarceration. Using prison release records, I identify the neighborhoods and households where formerly incarcerated individuals live and assess the voting history of their neighbors and housemates. I find no evidence that Amendment Four increased these voters’ turnout in 2018 relative to other voters. While ending felony disenfranchisement is necessary, closing the turnout gap resulting from histories of policing and incarceration will require greater investment and engagement.

“A Particularly Serious Crime”

Machado was just five years old in 1990 when she was brought to the United States by her mother, who was desperate to escape the civil war raging in their home country of El Salvador; she wanted a better life for her two young daughters. In 2015, she was picked up in a traffic stop in Arkansas which triggered her deportation based on a felony conviction from a decade earlier. Machado’s story reveals a radical shift that had been happening since the mid-1990s. Unprecedented numbers of immigrants were being caught in a system that penalized people with mandatory deportations for relatively low-level crimes. Machado does not fit easily into the Manichean distinction made by President Obama in 2014 between “felons” on the one hand and “families” on the other. Machado, like so many others, is both.

Measuring Innocence

What is the rate of wrongful conviction? This question may be implicit in Blackstone’s ratio: “It is better that ten guilty persons escape than that one innocent suffer.” Scholarship designed to provide an empirical answer, however, emerged only with the rise of the “innocence movement” in the United States. This article does not provide another study estimating the rate of wrongful felony conviction either for a specified sample, such as death sentences within a specified time period, or for an entire jurisdiction. Instead, we evaluate the rate question itself and assess its importance to innocence scholarship and action. We first trace the question’s intellectual lineage, and its historical and ideological roots among innocence believers and innocence skeptics. We then describe and evaluate all or most of the published studies attempting to estimate the wrongful conviction rate. Next, we discuss a reoccurring limitation of this published work, namely, its failure to account for or its unsubstantiated assumptions about guilty pleas and misdemeanor convictions among innocent defendants. Finally, we question the continued importance of the rate question in light of the modern innocence movement and its growing accomplishments.

The Epidemic of Penal Disabilities

This chapter profiles what it calls “the epidemic of penal disabilities” that restrict the liberties and economic prospects of many millions of persons after conviction of crime as well as their innocent family members. Just as the prison population increased by a factor of five in the generation after 1970, so too did the population of persons with felony conviction records, but the number of persons with such records is more than twice as high. There are about 46,000 state and federal laws imposing a wide variety of restrictions, often without any policy justification. Nothing less than a national commission on these often obscure and frequently purposeless prohibitions can bring order to this mess.

Education’s Failed Promise

Individuals who have been convicted of a felony and served time in prison tend to have limited educational attainment, and upon reentering society, this population remains largely under-educated. Drawing from an interdisciplinary framework, in-depth interviews, and ethnographic data from fieldwork in Newark, New Jersey, this chapter examines the connection between incarceration, a felony conviction, and education policies. By exploring federal and state public policies pertaining to education inside and outside of prison, this chapter demonstrates how the expansion of “tough on crime” politics prevents prisoners and former prisoners from securing an education and how education policies deny prisoners and people convicted of a felony the ability to become formally educated. As a result, a vicious cycle develops as individuals remain undereducated and unable to secure funds needed for educational programs.

Armed and prohibited: characteristics of unlawful owners of legally purchased firearms

BackgroundA substantial proportion of individuals who lawfully purchase firearms later become unlawful owners ('prohibited firearm owners'), usually following events associated with an increased risk for future violence. This high-risk population has not previously been described. We aimed to characterise all individuals in California's Armed and Prohibited Persons System (APPS), a statewide programme for recovering firearms from individuals who legally purchased them and later became prohibited from ownership.MethodsWe used univariate and bivariate statistics to describe and compare prohibited firearm owners in APPS with a random sample of non-prohibited firearm owners in relation to age, sex, race/ethnicity and type of firearms owned as of 1 February 2015. We also characterised the geographical distribution of prohibited firearm owners and described their prohibitions.ResultsOf the 18 976 prohibited firearm owners, most were men (93%), half were white (53%) and the mean age was 47 years. Prohibited firearm owners were more likely to be male and to be black or Hispanic people than non-prohibited owners. Both prohibited and non-prohibited firearm owners had an average of 2.6 firearms, mostly handguns. Nearly half (48%) of prohibited firearm owners had a felony conviction. Extrapolating from our findings, we estimated that there are approximately 100 000 persons in the USA who unlawfully maintained ownership of their firearms following a felony conviction.ConclusionsRetention of firearms among persons who become lawfully prohibited from possessing them is common in California. Given the nationwide dearth of a programme to recover such weapons, this is likely true in other states as well.

Whatever Happened to the Decade of Pain Control and Research?

This chapter discusses how the pharmaceutical industry’s actions affected the accomplishments of the Decade of Pain Control and Research, which began on January 1, 2001, following almost two decades of rising concern over the inadequate treatment of chronic pain in the United States. To tell the story of this decade we must describe the accompanying problem of drug diversion and abuse. The development in 1995 of a new opioid product called OxyContin, its aggressive marketing, the morbidity and mortality associated with its misuse, and the eventual felony conviction in 2007 of the drug’s sponsor for fraudulent claims and marketing practices, affected the Decade in unexpected ways. The response by Congress and the regulatory community to what they termed an “epidemic” of prescription drug abuse produced long-lasting policy changes. The chapter also touches on the peculiar and sometimes troubling relationship between the regulators and the regulated.