“By committing offences which by themselves or taken with any aggravating circumstances including the offenders character and previous criminal record require a custodial sentence, such prisoners have forfeited to have a say in the way the country is governed for that period. When you become a prisoner, you are still human but you are a human that has disobeyed or went against the law. It cannot be seen as a punishment for prisoners as in the present case the court ruled that the applicant had completed the … there was no logic in denying him the right to vote. However the rights protected by art 3 of Protocol 1 were not absolute, and contracting states had a wide margin of appreciation.
Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. The reason prisoners, in many states, are not allowed to vote is because these are people who have been stripped of their rights as citizens. Hire a Professional to Get Your 100% Plagiarism Free Paper. They are prisoners; of course they shouldn’t have the right to vote. Many other countries allow prisoners to vote. Whilst the margin of Appreciation was wide, there was no evidence that the United Kingdom legislature had assessed the proportionality of the ban in light of modern penal policy and current human rights standards. The court held by twelve to five votes that there had been a violation of article 3 of Protocol 1. Looking for a flexible role? The 1969 Act lowered the age from 21 to 18 for all citizens and this has been the case since then although the Liberal Democrat party campaigned that they would lower the voting age from 18 to 16 at the last general election but there has been no change. Let a Professional Writer Help You, © New York Essays 2020. Secretary of state’s reason given in the proceedings for maintaining current policy. Because they have gone against the law, Jail time is the punishment for what they did. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on the UKDiss.com website then please: Our academic writing and marking services can help you! The court seems to have taken the view that the right to vote is a privledge not a right. Furthermore, both sides of the argument must be taken into balance before a final decision is taken as this decision may impact the entire future of a country. Ladies and gentlemen, today we are here to discuss an important matter, should prisoners be allowed to vote. The right to vote was not a privilege, and the presumption was in favour of universal suffrage. Some may, have children and decide to protect them, and not all people are criminals as some people may argue. But it will be going against the 140 year old blanket rule which was placed in 1870 and at the moment the majority of the public are not willing to allow prisoners to vote either. People in Jail have already proven that they can’t be productive members of society, so they shouldn’t get this important task. During the passage through parliament of the representation of the people act 2000, which permitted remand prisoners and unconvicted mental patients to vote. Voting is a privilege, not a right, and people who are in Jail have forfeited that privilege.
Therefore they were denied the right to vote and issued proceedings in the High Court under section 4 of the Human Rights Act 1998, seeking a declaration that this provision was incompatible with the European Convention on Human Rights. Reference this. You can view samples of our professional work here.
Role of Students in Disaster Management in USA, A Manifesto for the Position of School Prefect, Cleaning, Decontamination and Waste Management. This is said to be incompatible with section 3 of the Representation of the People Act 1983.
Once you commit the rime, your privileges are taken away from you.
Apart from that decision, there was no direct link between the facts of any individual case and the removal of the right to vote. Preventing Crime by sanctioning the conduct of convicted prisoners and enhancing civic responsibility and respect for the rule of law, were legitimate aims.
On the other hand the consequences of allowing prisoners the right to vote as it would be sensible decision as it will not alienate them from the society which they will enter once they have completed their sentence. But, I believe they should be given a right to vote since voting is a right, not a privilege, and actually I think it’s a responsibility. I believe someone who went to jail for not paying their taxes or a less serious crime should be allowed to vote (felony 3 and 4). A felon is defined as a person who has been convicted of a felony, which is a crime punishable by death or a term in state or federal prison. Not rehabilitation, which is only for people that have short term Jail time. Voting is arguably the most important task for a citizen of our country, and is the best way that people can make an impact on our government.
A felony is a serious crime usually punishable by imprisonment or death. It also be seen that there is no direct connection between restricting the right to vote and offending. Would you want a criminal to be allowed to change your children 's lives? Prisoners should receive the basic human needs of food, clothing, medical attention and exercise. As I believe right to vote is a right not a privilege and people are sent to prison to lose their liberty not their identity. When you are apart of the society, you are allowed the privileges the citizens of the society have. Representation of People Act 2000 under s3 it dis enfranchises all convicted prisoner right to vote. As Susan argues that.
Prison was created to punishment those for their unlawful actions. The United Kingdom is one of the eight states were prisoners are disenfranchised. Earlier this year, Sen. Bernie Sanders, a 2020 presidential candidate, drew both praise and criticism when, in response to a question posed during a townhall, he declared that he believe inmates, including convicted Boston Marathon bomber Dzhokhar Tsarnaev, should be allowed to vote. There is more than one element to punishment than forcible detention. 1 had been violated. Administrative Law Removal from society means removal from privileges of society, amongst which is the right to vote for one’s representative. Registered Data Controller No: Z1821391.
Hi there, would you like to get such a paper? As to convicted prisoners the view prevailed that a loss of rights was part of a convicted prisoner’s punishment, and that removal from society entailed removal from society’s privileges including the right to vote. The three claimants had applied for their names to be added to the electoral register but were refused by the virtue of section 3 of the Representation of the People Act 1983 which states “A Convicted Person during the time he is detained in a penal institution in pursuance of his sentence… is legally incapable of voting at any parliamentary or local election”. This matter is mostly based on opinions but such an important decision cannot be taken lightly. I cannot see a link between deterrence of crime an disenfranchisement of prisoners, as pointed out by the prisoner reform service given prisoners the right to vote can a have a number of advantages also it can save thousands of pounds of tax payers money which the government would have to pay out if they choose not to implement the ruling. Like the saying goes “If you can’t do the time, don’t do the crime”. 6th Aug 2019 However someone who has committed a felony 1 or 2 should lose that right, they are clearly not in their right minds and should not be treated as such. All rights reserved, Save Time On Research and Writing. The question one has to ask is whether its the parliaments role to punish? Disclaimer: This work has been submitted by a law student. Section 4 of the Human Rights act 1998 provides, Sub 2 applies in any proceedings in which a court determines whether a provision of primary legislation is compatible with a convention right, If the court is satisfied that the provision is incompatible with a convention right, it may make a declaration of that incompatibly. Most prisoners get far more privileges than they deserve. It was mentioned that prison is meant to be rehabilitative, but not all rison sentences are meant to be rehabilitative but purely punitive. Although Art 3 of Protocol 1 was not phrased in terms of a particular right or freedom, it did grantee individual rights and imposed positive obligations on contracting states to provide those rights. The government did right by denying them their right to vote. Like the saying goes “If you can’t do the time, don’t do the crime”. VAT Registration No: 842417633. *You can also browse our support articles here >. Giving prisoner the right to vote can add to their process of rehabilitation as they will not be alienated from the society which they tend to go back in to once out of prison. If we accept to give those prisoners the choices of the future is the point of law? Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. In Europe only eight countries, including the UK, did not give convicted prisoners the right to vote, while twenty did not disenfranchise prisoners and eight imposed a more restricted disenfranchisement, The cases before the European Commission of Human Rights and the ECHR was, I return to what was said by the European Court in Paragraph 52 of the Judgement in Mathiew – Mohin v Belguim ofcourse as far as an individual is concerned disenfranchisement does impair the very essence of his right to vote, but that is too simplistic approach, because of Art 3 of the First Protocol is really concerned with the wider question of universal franchise, and the free expression of the opinion if the people in the choice of the legislator. This relates back to the 140 year old blanket rule relating back to the Forfeiture act 1870 and idea of civic death. Free resources to assist you with your legal studies! The action was started in the High court of United Kingdom by three claimants, Mr Pearson and Mr Feal-Martinez and Mr Hirst. Furthermore, both sides of the argument must be taken into balance before a final decision is taken as this decision may impact the entire future of a country. Ladies and gentlemen, today we are here to discuss an important matter, should prisoners be allowed to vote. Or do they simply just apply the law and its the legistalorot who lays down punishment through parlaiament.
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