Prisoner goes to High Court to win right to vote
Kenneth Nguyen
April 25, 2007
Should prisoners be allowed to vote? Age readers decide.
A prisoner is bringing a High Court case that could secure a historic right to vote for 20,000 of Australia 's prisoners.
Vickie Lee Roach, currently being held in the Dame Phyllis Frost Women 's Prison at Deer Park, argues that Commonwealth Electoral Act provisions that bar prisoners from voting in federal elections are unconstitutional.
The broad ban, first proposed under former special minister of state Eric Abetz in 2005, was introduced by the Howard Government last year, as part of an electoral law package that also shortened the period in which people can enrol to vote (from seven days after the electoral writ is issued to three days) and introduced a requirement that people provide proof of identity when enrolling or
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Roach, 48, an Aborigine, is being aided by considerable legal muscle.
Those assisting her free of charge include silks Ron Merkel, QC, and Michael Pearce, SC, leading corporate law firm Allens Arthur Robinson and the non-profit Human Rights Law Resource Centre.
Roach, jailed for at least four years in 2004 for negligently causing serious injury in a car accident, recently completed a master 's degree in creative writing and is pursuing a doctorate.
"She 's personally very interested and committed to prisoners ' rights and political participation, and particularly the rights of indigenous people," Human Rights Law Resource Centre director Philip Lynch said.
He noted that Roach stood to lose thousands of dollars in costs if she lost her case against the Commonwealth.
In an application filed with the High Court, Roach 's legal team argues that the bar on prisoners voting is contrary to section 7 and 24 of the constitution, which provide that Parliament shall be "directly chosen by the people". Before the Howard Government 's amendments, only prisoners serving sentences of more than five years were barred from
Indigenous Prisoner, Vickie Lee Roach brought a High Court case that could’ve secured a historic right to vote for 20,000 of Australia's prisoners. Roach was not triumphant in her endeavour to win back her right, and many others rights, to vote, as decided by a High Court Justice in yesterday's trial. However, this trial has become a landmark case. After receiving 125 convictions and 23 court appearances, Roach was imprisoned for reckless driving in 2004 after a police pursuit and seriously injuring the driver of another vehicle.
The amendments prohibited all prisoners who were serving a sentence of imprisonment for a commonwealth, state or territory offence from voting in federal elections. Before
Vickie came to us through the prison advocacy networks as a woman with an interest in and commitment to human rights and freedom, and in particular her right as a prisoner. ’’ Vickie is also encouraged by other prisoners who also had their rights infringed to initiate legal action. Vickie Lee Roach challenged the validity of the 2006 amendments made to the Electoral Act 1918 (Cth), by the passage of the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Act 2006 (Cth). The amendments prohibited all prisoners who are serving a sentence of imprisonment for a Commonwealth, state or territory offence from voting in federal elections.
He challenged the law that took away his right to vote while in prison, he argued that s.51(e) of The Canadian Elections Act violated his Charter Rights by excluding every person who is imprisoned in a correctional facility for the commission of any offence. Sauvé claimed that it contradicted s.3 of The Canadian Charter of Rights and Freedoms - Every citizen of Canada has the right to vote in an election of the House of Commons or of a legislative assembly. Sauvé was a citizen and as a citizen under the Charter, he was guaranteed the right to vote.
I am writing separately because I do not believe Florida’s sentencing scheme violates Hurst’s sixth amendment. I agree with the dissent that Apprendi and Ring should be overruled in favor of something more in line with Walton and our precedent prior to the new millennium. I concur in the judgment, however, because the jury’s role in Florida’s capital sentencing scheme is unconstitutional. Florida does not require unanimity or a feeling of responsibility by the jury in the death sentencing scheme. Also, Florida only requires a simple-majority vote to render its verdict instead of one that is unanimous.
Other forms of disfranchisement, including the disfranchisement of criminals, remain controversial. Since the early 1990s, all but three states prohibited imprisoned offenders from voting. Thirty-five states disfranchise offenders on probation or parole, and fourteen disfranchise ex-offenders for life. Because a disproportionate share of convicted criminals are non-white, some have argued that such laws constitute a racially discriminatory voting barrier that is as pernicious as poll taxes and literacy tests. Many state criminal disfranchisement laws date back to the Reconstruction era, and such laws were often targeted at offenses for which African Americans were disproportionately convicted.
As Texas law stands now, until a person completes their sentence they do not have the right to vote. Ex-convicts who have completed their time in
Felon disenfranchisement did not start in the United States. In fact, the practice of felon disenfranchisement began in ancient Greece and Rome before evolving even more in England with “outlawry”, by the time this practice came to the United States it began to evolve into what it is today based on the other nations practices (Grady, 2012, pp. 443-445). Felon disenfranchisement, for those who do not know, is taking away a felon’s right to vote. Usually, this only occurs when they are incarcerated, but some states also do not allow the ex-felons to vote even when they are back in regular society. In Michigan, felons are granted their right to vote again once they are freed from incarceration.
Compulsory voting Mandatory or compulsory voting is the practice of making the entire population vote. Political scientists argue about which is preferred, and there are definitely reasons why people support mandatory voting. However, in this day and age, we have moved on beyond the ‘divine right’ of rulers to rule. Voting is the body of democracy, and freedom is soul of voting.
Regardless of her appointment, she was met with heated resistance by her male peers. Her first case was challenged by the defence lawyer claiming she was not a person under the British North America Act of 1867 3. This was due to ambiguous and gendered language in Section 24 of the British North America Act of 1867. The BNA act of 1867, also known as the Constitution Act, were a collection of policies in the Constitution of Canada. Section 24 stated that only “qualified persons” could be appointed to the Canadian Senate5.
Is it right for an individual who has committed a violent crime to be able participate in voting? A felon should not have the right to vote because, they have displayed dishonesty and irresponsibility by committing a serious crime. Felons have questionable judgment when making decisions. Felons who are still incarcerated are not in the right mindset to make decisions for the public’s good interest. Further, there is no way of telling whether the felon has in fact improved in character since serving time.
Due to ill health, Mr Jenkins had to return to Australia along with his wife in 18 months. Mr Jenkins contention was that if normal circumstances prevailed, they would have applied for an extension after the three years elapse. There was no fixed date on which to return to Australia as well. Though, there was another contention that, three years cannot be regarded as temporary if a longer duration won’t sensibly be regarded as such. The intention here is a major determinant of the outcome of the
The Impacts of the 1950’s as Seen Through “A Good Man is Hard to Find” The Southern setting in “A Good Man is Hard to Find” by Flannery O’connor influences the way the characters behaves based on the society in which the character lives. It has a heavy influence from the social environment of the 1950’s South and how is affects the main character the Grandmother versus the rest of the world. As seen by the nobility the Grandmother demands, the way the Grandmother looks down on race, and the overall morals the Grandmother has, Or lack thereof. The setting ultimately symbolizes everything the Grandmother says and does.
In addressing respect for human dignity, the Belmont Report (1979) incorporates two ethical convictions: first, “individuals should be treated as autonomous agents, and second, that persons with diminished autonomy are entitled to protection.” (p. 5). Perry was a vulnerable population, incarcerated, and stripped of any autonomy. In addressing justice, an injustice occurred as there was no benefit to Perry in the “sense of ‘fairness in distribution” or “what is deserved’” (Belmont Report, 1979, p. 7).
They do not get the right to vote, why should they be able to break the law whenever they please to have it function when it benefits them? The moment they break the law, it should no longer be able to be used to their advantage. However, it has been stated that some of those prisoners are innocent and do not deserve to be cut off from the world 's biggest decision involving citizens. As a result of this it has been impossible to take a decision on this matter, can we really put the future of multiple countries into jeopardy for a small amount of the population, which claims to be innocent which may or may not be true? Even if innocents should get the right to vote, this decision is too important to risk a disaster to make a minuscule amount of the population prosper.