自由裁量的剥夺选举权:以法律财务义务为例

Discretionary Disenfranchisement: The Case of Legal Financial Obligations

Journal of Legal Studies · 2017
被引 29
ABS 3

中文导读

研究了美国阿拉巴马州前重罪犯因欠缴法律财务义务(如法庭费用)而被剥夺选举权的情况,发现多数人因债务无法恢复投票权,且黑人和使用公设辩护人者受影响更大。

Abstract

Conditioning voting rights on the payment of legal financial obligations (LFOs) may be unconstitutional if there are no exceptions for indigency. Appellate courts, though, generally have upheld felon-disenfranchisement laws that withhold voting rights until all fees, fines, and restitution are paid in full. These decisions, however, have been made with limited evidence available about the type, burden, and disparate impact of criminal debt. We address this by detailing who owes LFOs, how much they owe, and for what purpose using representative statewide samples in Alabama. The median amount of LFOs assessed to discharged felons across all of their criminal convictions is $3,956, more than half of which stems from court fees. As a result, most ex-felons remain disenfranchised after completing their sentences. People who are disproportionately indigent—blacks and those utilizing a public defender—are even less likely to be eligible to restore their voting rights.

法律经济学选举权刑事司法种族差异公共政策