NCJ Number
49386
Journal
IOWA JOURNAL OF SOCIAL WORK Volume: 7 Issue: 4 Dated: SPECIAL ISSUE (DECEMBER 1976) Pages: 68-79
Date Published
1976
Length
12 pages
Annotation
THE WIDESPREAD APPLICATION OF CIVIL DISABILITY STATUTES WHICH STRIP EX-OFFENDERS OF A VARIETY OF RIGHTS, THE COMPLEX PROBLEMS SURROUNDING RESTORATION OF RIGHTS, AND THE NEED FOR REFORM ARE DISCUSSED.
Abstract
THE PROBLEM OF CIVIL DISABILITIES HAS BEEN GENERALLY IGNORED BY THE LEGAL PROFESSION AND MOST CONVICTED PERSONS KNOW LITTLE ABOUT THE RIGHTS THEY WILL LOSE AS A RESULT OF BEING CONVICTED. THESE CAN INCLUDE THE RIGHT TO VOTE, THE RIGHT TO RECEIVE AN OCCUPATIONAL LICENSE, THE RIGHT TO SERVE ON A JURY, OR THE RIGHT TO SERVE AS EXECUTOR OF AN ESTATE. IN FACT, THERE IS STRONG REASON TO BELIEVE THAT MOST CIVIL DISABILITY STATUTES ARE UNCONSTITUTIONAL BECAUSE THEIR WORDING IS VAGUE, THEY STRIP A PERSON OF RIGHTS WITHOUT CLEAR NOTIFICATION, AND THEY OFTEN BEAR LITTLE RELATIONSHIP TO THE PROTECTION OF SOCIETY. PROCEDURES FOR RESTORATION OF RIGHTS ARE SO EXTREMELY COMPLEX AND THE EX-OFFENDER OFTEN IS UNABLE TO TRAVEL THE REQUIRED LEGAL MAZE. THE HISTORY OF THE COMMON LAW CONCEPTS OF 'CIVIL DEATH,' 'FORFEITURE,' AND 'CORRUPTION OF THE BLOOD' IS TRACED. ALL WERE PART OF THE ENGLISH SYSTEM OF 'ATTAINDER', WHICH WAS LATER SPECIFICALLY PROHIBITED IN THE U.S. CONSTITUTION. HOWEVER, STATE CIVIL DISABILITY STATUTES KEEP THESE CONCEPTS ALIVE. REFORM IS URGED. THE STATUTES OF HAWAII AND NEW HAMPSHIRE ARE CITED AS MODELS. BOTH STATES HAVE ADOPTED THE UNIFORM ACT ON THE STATUS OF CONVICTED OFFENDERS PREPARED BY A COMMITTEE OF THE COUNCIL OF STATE GOVERNMENTS. THIS ESSENTIALLY RESTORES ALL RIGHTS LOST BY THE OFFENDER AS THE RESULT OF CONVICTION AFTER FINAL DISCHARGE. SUCH LEGISLATION IS CALLED AN AID TO REHABILITATION AND A BETTER PROTECTION FOR SOCIETY, THAN THE CURRENT CONFUSING SYSTEM OF CIVIL DISABILITIES, WHICH HINDERS THE EX-OFFENDERS' RESUMPTION OF A USEFUL ROLE IN SOCIETY. FOOTNOTES ARE PROVIDED.