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Todd Belcore

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Judges Without Gavels: The Life Sentence of Economic Hardship Imposed on Individuals Who Have Been Incarcerated

Posted: 12/03/10 04:53 PM ET

Every day, someone's child, best friend, neighbor, beloved relative, or sole caretaker is being sentenced to a prison term to hold them accountable for breaking the law. Upon release from prison, they are expected to contribute to society and resume providing the necessary emotional and financial support for their children, family, loved ones, and friends.

This outcome, however, assumes that people who complete their given sentence have paid their debt to society and will no longer be punished for their mistake. Several studies have proven that assumption wrong.

The fact is that, even after an individual has paid their debt to society, society, without the authority granted by a gavel, functionally imposes a life sentence of economic hardship on those who have been incarcerated.

This phenomenon is statistically borne out by a report recently released by Pew Charitable Trusts. The report shows that individuals who have been incarcerated are significantly more likely to be unemployed, underemployed, and underpaid than they were prior to their incarceration (termed "collateral costs").

If society is responsible for imposing the life sentence of economic hardship, then employers are the ones who dutifully ensure that individuals who have been incarcerated serve out their sentence. Studies conclusively show that individuals with criminal records are far more likely to be subject to systemic employment discrimination. A study performed by the National Institute of Justice (NIJ) found that 65% of employers surveyed refuse to hire individuals with criminal records--regardless of the offense on the individual's record. That percentage is extraordinarily significant given that a survey conducted by the Society for Human Resource Management found that only 7% of employers do not conduct criminal background checks for any of their applicants. These practices have a direct impact on the likelihood that an individual who has been incarcerated will be able to get any job at all. In fact, another NIJ study found that as many as 60% of individuals who were incarcerated are not able to find any job, at any point, a full year after their release.

Even when persons who have been incarcerated are able to find jobs, they are significantly more likely to be underemployed and underpaid than they were before their incarceration. As a result, people who have been incarcerated earn 40% less per year than they would have earned prior to their incarceration, according to the Pew Report.

The Pew Report also revealed that people who have been incarcerated are permitted to work an average of 9 fewer weeks (more than two months fewer) than people who have not been incarcerated. Even though they are employed, they are less likely to have the stability, respect of their loved ones and peers, and peace of mind that comes with continuous employment. They are also less likely to be in a position to move up the ladder at a given job and earn more money to improve their situation.

Moreover, even when people who have been incarcerated are working enough, they get paid less for the same jobs than they would have received prior to their conviction. The Pew Report found that they earn 11% less per hour.

Given these statistics, it is clear that individuals who have been incarcerated are systematically forced to endure economic hardship. The Pew Report precisely quantifies the extent of that economic hardship by considering how the collateral costs (systematically being underpaid, unemployed and underemployed) impaired the economic mobility of an individual who had been incarcerated in 1986 versus the affect the collateral costs had on that same group 2006.

In 1986, a person in the bottom fifth of the income distribution was making less than $7,800 per year. The vast majority of the formerly incarcerated men making less than $7,800 in 1986 were still in the bottom fifth of the income distribution 20 years later (67%). The study determined that people who had been incarcerated and were in the bottom fifth of the income distribution in 1986 only had a 2% chance of moving into the top fifth of income distribution 20 years later. Therefore, it is clearly more difficult for people who have been incarcerated to "pull themselves up by their bootstraps" than it is for individuals who have not been incarcerated.

Significantly, the Report also finds that these collateral costs adversely affect not only the financial and social prospects of the individuals who were incarcerated, but they also profoundly impact the likelihood that the individual will pay any restitution owed victims and the financial and social prospects of the individual with the criminal record's children and family. Numerous studies show that children whose parents either are or were incarcerated are more likely to suffer from physical or verbal abuse, get suspended or expelled from school, drop out of school, or become pregnant as a minor. With few educational and financial prospects, these children are more likely to become incarcerated themselves--thereby perpetuating the cycle. Consequently, these collateral costs cripple not only the individual with the criminal record, they too often end up crippling entire families for generations.
These collateral costs, perpetuated by societal stigma which is often manifested in systematic employment discrimination, unnecessarily put our friends, children, families, relatives and neighbors at risk of being victimized, resorting to criminal activity, or being mired in the lowest economic wrung for generations. Given that unacceptable risk, more must be done to address this issue.

 
 
 
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03:29 PM on 12/17/2010
Too bad we can't get people to wake up. When you become the victim of the judiciary system, you will be crying loud and hard. My family member is facing 8 years for something he did to himself. No one involved but him. Whats that? A wee small amount of crack 1/10th. He has spent almost two months in jail with a bond of almost a million dollars as if he killed someone. He never hurt anyone, not a thief, is not violent and makes friends easily. Yet whenever the cops see him, they stop him. He is good money for the city, state and county of where we live. When will we be able to get it through your heads how wasteful the judicary system is and why the prisons and jails are so full of people? The sky is the limit, use all the tax payers money for frivioulous cases.

Like most men in jail or prison or non-violent victimless crimes - it is just money for the judiciary system.
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gavrielle
Empty... Empty... Empty...
10:14 AM on 12/11/2010
Did someone miss the whole point of leading a good and honest life leading to rewards? By the time someone is old enough to be charged as an adult they should also have a pretty good grasp of how things work in the real world. Crime may seem like a good way to make fast, easy money, but there's a huge downside for those who CHOOSE that path and fail. All they ever had to do was look around at the people they hung out with to see just what a HUGE mistake they were making - in full knowledge of the consequences should they be caught.

This isn't about paying one's debt. It's about the time lost to prison, which should have been spent working, seeking work or being further educated, and the loss of societal trust engendered by a prison sentence. The latter is simple economics and effects lazy people who never acquire records as well. The former is simply human nature. It is natural for people to distrust and fear those who have committed crimes. That's a survival instinct. You will NEVER get that attitude to change on a large scale no matter how unfair it might be.
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edisnuts
03:08 PM on 12/09/2010
I really wanted to write a comments on how I disagree, how "they " shouldn't have committed the crimes,,,BUT I agree with you , and I won't

Most of those in the penal system are convicted felons for drug usage or "petty " theft or non violent crimes ...Upon release , they should not be held to a lower standard .
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crookedcountyillinois
Professional Illinois Government "Watchdog" and No
12:04 PM on 12/09/2010
This guy acts like incarceration is contagious, like the common cold. And he starts with, "upon release," which to me is the problem.

When the police arrested the guy who broke down my door and attacked my family in the middle of the night, he had a track record a mile long. And the problem is that these scoundrels, usually with the aid of attorneys like Belcore, here, keep getting out. And then some other scoundrel says, "but they paid their debt to society."

The real problem is with the community of sympathizers. And the real plague isn't the criminal, who's always been a nuisance to society since the beginning of time; but instead is with the person who can be so open-minded to think that the criminal is somehow a victim too.

And when this happens, and society alters its approach to crime, more and more people are plagued by criminals who ought not be on the streets at all.
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iuriggs6
Sure thing. Shoot, Timmy.
09:26 PM on 12/06/2010
Don't break the law and you wont need to worry about this.
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Michael Allen Powers
51, Married, Desert Rat.
12:26 AM on 12/06/2010
Speaking as one who is still "doing time" for a mistake made long ago, I have to agree. I can't vote, or own a weapon. As far as firearms go, my ambivalence knows no bounds. I haven't owned or operated one since I was in the service almost 30 years ago, and there's not much, save for the complete collapse of civilization that would make consider having one (in which case, having permission to do so would be moot). But the most basic of rights, the right to vote. That's what gets me. The reasoning is that someone convicted of a crime lacks the ability to make those decisions. Perhaps. But simply being law-abiding is no indication of decision making ability. We casually elect people to public office who make bad decisions.
The word "felon" brings up the worst of mental images. But the fact is, that in most states a judge has the discretion to make almost anything a felony. In my case, I did 2½ years for $40.00 worth of grass. Most people incarcerated today are in for petty crimes. No matter how well I live my life from here on, I'll never own a house, or be able to save for retirement, or be able to pay off a judge to get my civil rights restored.
So, what happens when there are more of us, than there are of you?
HSC55
We will be known forever by the tracks we leave
03:37 PM on 12/06/2010
I've never understood the reasoning behind taking a person's vote away if they've been convicted of a felony. I mean, if you did the crime and the time, shouldn't you be given a clean slate to then start over? Voting included? Our justice system is very old testament. There is never any 'forgiveness' even after the punishment has been served.
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Aldyth
Advocating for those who cannot defend themselves.
05:09 PM on 12/07/2010
The day will come when ownership of marijuana will be legal. States need money, so they'll legalize it and tax the heck out of it. Keeping people away from intoxicants doesn't work. Prohibition taught that lesson ninety years ago.

I'm sorry you did time for a victimless crime and that it ruined the future you could have had.
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Michael Allen Powers
51, Married, Desert Rat.
08:49 PM on 12/07/2010
Personally, I think they've done to me what they wish they could do to everyone. Many in the public and private sector believe in privileges, rather than rights. Privileges to be granted by your betters, of course. Better because they're educated and successful. They're land-owners. See, they're just looking out for us -- relieving us of that pesky burden of self-determination. Liberty only serves to confuse us, and distract us from working to ensure their education and success. What a perfect circle.

There is also a profit motive to consider. Here in Arizona, incarceration is big business, and to keep stockholders happy, the beds need to be full. Once a profit motive is associated with the loss of liberty, no one is safe. Eventually there will come the loss, in subtle, small chunks, of due process. We'll arrive at the place where pointing a finger, and public vilification will suffice (think of how much money we'll save).

We'll forget what is right, and do what is expedient. The script is as old as humanity, and has changed very little.

Really, sometimes I wonder whether sentience itself is an evolutionary dead-end. If so, we're on the right track.
03:26 PM on 12/05/2010
Life is hard. Life is harder if you're a convicted felon.

My sympathies are with the victims and not with the criminals.
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WFWS
Proud Liberal
07:11 PM on 12/05/2010
At one level I sure can agree. But if you look beyond the personal level of victim and perpetrator to the social level, that person is FAR more likely to end up back in prison, at great cost to society, if he can't find a job.
What we have to do is look at the outcome. What is a good outcome for our justice system- yes, to catch bad guys and lock em up. But beyond that we'd sure like to get them to change directions and become self sufficient and tax paying citizens. Getting a job is KEY to this.
It makes sense to help them get jobs, even make work jobs, in order to break that cycle of unemployment and recidivism. Job programs for offenders are far more effective and less expensive than more prison time.
Its a good outcome we are after- not just the idea of right and wrong. A good outcome is that the offender does his time- goal one met. But goal two is to keep that person from returning to prison. That doesn't stop us from accomplishing goal 1. Its just makes practical sense to help them stay out of prison, out of a cycle of crime.
02:03 PM on 12/05/2010
@ Mr. Belcore, thank you talking about this important topic, however, you need to further the point that by permanently disenfranchising people from society (often for stupid mistakes they made decades ago) they are more likely to return to criminal activity.
01:38 PM on 12/04/2010
Wow, I just read through some of the comments and I can not believe how uninformed people are, nasty too. There are a lot of people in prison who have drug problems or mental illness. If and when these people are let out why can't they make amends to society and make a decent living. You comments are unnecessarily nasty and show a total lack of compassion or even understanding of the whole situation. Geez people!!
03:35 PM on 12/05/2010
You have a good heart, Kate, but I believe that you're dangerously naiive. Many of these people will just as soon put a knife in you and not give it a second thought. If you don't think so, go ahead and hire one to babysit your child while you enjoy a night out.
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Michael Allen Powers
51, Married, Desert Rat.
09:20 PM on 12/07/2010
Buffalo bagels. On an average minimum-security yard (of which there are many), 80% are there for what are termed "non-dangerous, non-repetitive" crimes. The other 20% are career criminals who have no business on a minimum-security yard. But -- they keep order, in a twisted way, and so they're tolerated. Society is done no favors by sending young impressionable men to prison, where many are recruited into whatever gang promises to keep them safe. So the few that call the shots end up with an army of expendable kids to do their bidding, and take the heat. I don't blame you for believing what you see on the news, but they only show you the worst. Those rapists and murderers make up only a small percentage of the prison population in this country.
darcy
I'm the one on the left
09:59 AM on 12/04/2010
Boo hoo, criminals have a hard time. What about the hard time of their victims? Other groups in society have a hard time too; divorced women, for example. I have to tell ya, criminals are way low on my list of people to worry about. They are a huge burden on all of us.
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mech126
Science, and government are "NOT" the enemy...
03:39 PM on 12/04/2010
So give them the chance for a good job and they wouldn't be huge burden anymore, and that was still thinking inside the box.....
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Michael Allen Powers
51, Married, Desert Rat.
09:28 PM on 12/07/2010
You think that way because you've been conditioned to. The ability to follow rules is not a reliable indicator of decision-making ability, nor of moral character, for that matter. Also the vast majority of people in prison are there for crimes which have no victims. No injury, no loss of life or property.
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emanafunk
08:02 AM on 12/04/2010
The public has a right to disdain ex-felons. If a convict doesn't have an 'honest job' perthaps he will resort to criminal behavior. If there is no chance to re-enter society, I forsee a drastic rise in crime & human nature being what it is I guess a person will do what one has to do to make money. Whatever happened to compassion??!!
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George Hanshaw
There are none so blind as those who will not see.
12:58 AM on 12/04/2010
"Even after an individual has paid their debt to society, society...."

For decades I have heard this expression and ones similar to it. I've always considered it to be bullshit.

The fact that the taxpayers have been compelled to spend THEIR tax dolllars to incarcerate some sociopathic bastard does NOT return the situation to status quo ante. If anything, it makes it worse. And even if it didn't, you can't seriously believe, can you, that someone who has, for instance, committed rape, is somehow wonderfully transformed by the experience of incarceration? Do you seriously believe such a person is the moral equivalent of someone who has never raped, or murdered, or manslaughtered, or stolen, or done whatever crime they did to get convicted and sent to prison?

Incarcerating such socipaths may stop them from re-offending (although te stats on sex crimes certainly don't indicate that), but mostly it just inflicts yet ANOTHER burden on society - the cost of their incarceration - and there is certainly little enough to suggest that anything about the experience is even therapeutic much less somehow ennobling.

We should spare no effort in seeing that only the guilty are convicted, but once convicted these sociopaths should be warehoused as cheaply as possible.
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Sue McFarland
04:34 AM on 12/06/2010
Wow! And you never made a mistake in your entire life??? Most of the non-violent criminals in our midst have been imprisoned as a result of some sort of drug activity. I don't have a problem with keeping drug dealers, especially those of the hard kind of drugs like cocaine, etc.,--but when it comes to marijuana, boy oh boy, is that totally unrealistic! (And by the way, I'm not advocating releasing violent or violent-proned people--there are just some people that need to be kept segregated from society for everybody's safety.)

Thank you for mentioning the real fact that truly innocent people are convicted all the time, even if indirectly--it's just the spectacular mistakes that get all the headline news. And I'm glad to see you admit that happens, even indirectly. What I don't see in your posting is what do we, as a society, do to help make those wrongly imprisoned people whole again, especially if they've been incarcerated for a few years???
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MyFatCat
I'm paid in catnip
08:37 PM on 12/06/2010
I'd feel better if punishment factored in recividism. Trouble is, what would I excuse?

Murder: OK, if it's a crime of passion, but on the other hand, do I want to walk the halls with someone who found it possible to reduce another human being to a slab of meat?

Theft: Anything in my office is vulnerable.

Rape: Second most-likely-to-repeat crime after theft. 15% of rape victims commit suicide within 24 months because they can't live with the nightmares and the flashbacks. Nope, can't see it.

And so on. The problem is the punishment as much as the crime: prison doesn't rehabilitate. It's as likely to be training ground as anything else, but the people who want prisons to punish are building better criminals.

For another take on this issue, try the book "Running the Books" about an inmate who ran a prison library and soon figured out who was going to do OK outside, and who wasn't. Simply by how they treated the library.