To say that this measure is long overdue is a huge understatement. As the Daily Press editorialized back in May 2007, "Their debt paid, former felons should be welcomed back." The Daily Press added that, at the present time in Virginia, "[m]ore than 240,000 Virginians are deprived of the right to vote." Even worse, this situation is wildly "discriminatory, for it disproportionately disenfranchises black men."
Earlier this year, the Republican Governor of Florida, Charlie Crist, restored voting rights to most of that state's ex-felons. Gov. Martin O'Malley did the same in Maryland. Virginia's one of the last holdouts; why? Restoring the civil rights of people who have served their time and paid their debt to society is the morally correct thing, the American thing, and the Virginia thing to do. Thanks to Sen. Yvonne Miller for leading the way on this issue.
Traffic stops are the primary starting point for this cycle. After countless face-to-face meetings and one-to-one conversations with people of color, the one thing that was coming up in these discussions was Racial Profiling. So VOP began asking the General Assembly to pass Data Collection legislation that would require all law enforcement agencies and departments in Virginia to collect data on every traffic stop regardless if a ticket is issued. It would cover the standard demographic information (race, gender, age,) and would also track why they were stopped, where they were stopped, and the result of the stop (ticket or warning). The data would be compiled and sent to an institution of higher education that was able to do the study and analysis and publish a yearly report on the results. The bill was always sent to the House of Delegates Militia Police and Public Safety Committee. With the recent legislatures, this went over like a lead ballon.
Last year, Senator Stolle agreed to submit a budget amendment to fund a dedicated position in the Department of Criminal Justice Services for Biased Policing/Racial Profiling Training Coordinator (for training to avoid these practices). This particular position was being covered by one DCJS staff person who is also responsible for about three or four other jobs. Well, this was written out of the budget.
Now, lets get into the courts and how the system really works. In short, if you have money and can afford a good lawyer, then your chances of getting out of there increase dramatically. If your family has a good relationship with the judge or someone in the legal profession who has a good relationship with the judge, then again your chance improve dramatically. So, if you are poor (and poor and a person of color) then you are really in a bind and much closer to the door that doesn't lead to fresh air and an un-escorted trip to Wal-Mart. The most recent example of this are the mandatory minimums and how the law is applied to Crack vs. Powder Cocaine. The later is much more expensive to purchase (at least what I've learned from the news and Law and Order staring Fred Thompson and not from any practical experience, thank goodness), but the mandatory minimum sentence is much lighter than for Crack. Now, don't get me wrong. We are all responsible for the choices we make and if you committed a crime, you should be punished accordingly.
So, what does this all add up to? Do mandatory minimums and the Death Penalty really deter people from commiting crimes? Just look at the growing jail and prison populations. NO, they don't. To be fair, during Governor Mark Warner's term he did shortent the applicaiton processs to restore nonviolent ex-felons voting rights, to three pages. It didn't go far enough, but at least Governor Warner gave it some attention. It really needs to be automoatic but at a minimum it should shortend to one page.
If justice is truely blind, why is it that Virginia still tends to identify people of color, specifically Black Males, with crime? The long road to changing behaviors that associate the color of a person's skin with criminal activity is an incremental journey. Senator Miller, you are a true champion of social justice. It makes a big difference when you are in the majority. Let's keep on chippin' away.