Policy Perspective

Society Punishes Ex-Convicts for Life
by Devah Pager and Jeff Manza

Fall 2004, Volume 26, Number 2

America punishes its criminals harshly. Beyond rapidly rising rates of imprisonment, offenders leave jail or prison only to be subjected to a variety of continuing restrictions, some lasting for life.

In certain cases these restrictions reflect reasonable concerns. Who, for example, would argue that convicted child molesters should not be allowed to work in schools or daycare centers?

But many other restrictions on ex-offenders seem aimed more at extending punishment than serving society. Take the Higher Education Act of 1998, which bars ex-felons from eligibility for Pell Grants, the largest type of federal student loans.

How can ex-offenders build better lives for themselves if they are not allowed to compete for the same kinds of educational opportunities as everyone else?

Many of the legal barriers that extend beyond the completion of a prison sentence were adopted by Congress or state governments as part of the “war” on crime and drugs. And the unintended consequence of these policies can be to promote the very circumstances that lead to crime in the first place.

In fact, with a growing majority of states now making a criminal record public information, and thus easily accessible through the Internet or private services, ex-offenders are effectively branded for life.

Politicians point to the cases of murderers, terrorists, and serial rapists as the frightening menace that such laws and the profusion of information about offenders protect us from. Yet the majority are nonviolent offenders, many convicted for the first time. Crime policy in recent decades has emphasized harsh punishment over rehabilitation, and the problems of prisoner re-entry have become increasingly difficult to ignore.

The sheer number of Americans in prison is staggering. With more than two million Americans behind bars, the U.S. has the highest incarceration rate in the world—six to ten times than that of most European countries. Last year alone, more than 600,000 Americans were released from prison. More than 14 million Americans now carry a felony conviction on their records. This remarkable number of prisoners has led to growing bipartisan concerns about how to help former offenders reintegrate into their communities.

Even “tough on crime” President Bush included in his most recent State of the Union address a surprising proposal to help ex-inmates. Dubbed the Prisoner Re-Entry Initiative, Bush proposed to spend $300 million over four years to help returning inmates find stable jobs and housing.

“If they can’t find work, or a home, or help, they are much more likely to commit a crime and return to prison,” Bush said.

The president is on the right track. Developing a moresuccessful re-entry program would benefit prisoners and their families, as well as increasing public safety. Expanding job training and placement assistance, providing help with transitional housing, and support for counseling services would all help make reintegration much easier, and reduce the impetus to return to crime.

But the president’s proposal does not go nearly far enough.

Helping ex-inmates to find jobs, reconnect with their families, and become full citizens requires changes in the laws that prevent them from achieving such goals.

Hundreds of jobs become off-limits to ex-offenders due to bonding or licensure requirements. In many states, a felony conviction prohibits ex-felons from working as barbers, social workers, optometrists, even car sellers.

Federal housing policies either require or permit authorities to deny housing to people with criminal convictions. Private housing isn’t much better: Criminal history checks, security deposits, and references make it equally difficult for the newly released.

For custodial parents who are sentenced to prison, loss of parental rights becomes an increasingly common form of punishment. Two-thirds of incarcerated women and more than half of incarcerated men are the parents of children younger than 18. These numbers translate into more than 1.5 million children with a parent behind bars. Incarcerated parents, locked up on average for 18 months, often permanently lose custody of their children.

Finally, millions of ex-offenders are also denied the most basic right of citizenship in a democratic society: the right to vote. While we expect ex-offenders to abide by the law, most states prevent those out on probation or parole from voting, and 14 states prevent some or all ex-offenders from voting for life.

Given the overwhelming problems that ex-offenders face, it is no surprise that recidivism rates (that is, the likelihood of committing further crimes) are so high. The costs for society, both financially and in terms of public safety, are enormous.

This is a modified version of an editorial that appeared in the Chicago Tribune on April 11.

Devah Pager, assistant professor of sociology and an IPR faculty fellow until August 2004, is now assistant professor of sociology at Princeton University. Jeff Manza is IPR’s associate director and a faculty fellow and an associate professor of sociology.