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AN INDEFINITE PUNISHMENT AFTER JUSTICE HAS BEEN SERVED: JONES V. GOVERNOR OF FLORIDA IS A FUNDAMENTALLY FLAWED DECISION

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Date Issued:
2022
Abstract/Description:
The right to vote is a fundamental part of a representative democracy. As of 2020, 48 states have laws limiting a felon’s participation in the franchise, resulting in 5.2 million United States citizens being unable to vote. In 2018, Florida passed Amendment 4 with a 65% popular vote, allowing felons to be re-enfranchised after the terms of their sentence are completed. In 2019, the state enacted a law defining “terms of the sentence” to include court costs and fees, barring indigent felons from regaining their constitutional right. In Jones v. Governor of Florida, Judge Pryor upheld this law. I critically evaluate the majority and concurring opinions. I will argue the opinion is flawed for failing to use intermediate scrutiny, and by appealing to social contract theory, and theories of punishment. I argue that the law not only fails to serve a legitimate governmental interest, but undermines democracy, perpetuates racial disparities, and makes felons an unequal party in the social contract solely because of their indigent status.
Title: AN INDEFINITE PUNISHMENT AFTER JUSTICE HAS BEEN SERVED: JONES V. GOVERNOR OF FLORIDA IS A FUNDAMENTALLY FLAWED DECISION.
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Name(s): Russo, Alexandra, author
Tunick, Mark , Thesis advisor
Harriet L. Wilkes Honors College
Florida Atlantic University, Degree grantor
Type of Resource: text
Genre: Thesis
Date Created: 2022
Date Issued: 2022
Publisher: Florida Atlantic University
Place of Publication: Jupiter, Florida
Physical Form: application/pdf
Extent: 59 p.
Language(s): English
Abstract/Description: The right to vote is a fundamental part of a representative democracy. As of 2020, 48 states have laws limiting a felon’s participation in the franchise, resulting in 5.2 million United States citizens being unable to vote. In 2018, Florida passed Amendment 4 with a 65% popular vote, allowing felons to be re-enfranchised after the terms of their sentence are completed. In 2019, the state enacted a law defining “terms of the sentence” to include court costs and fees, barring indigent felons from regaining their constitutional right. In Jones v. Governor of Florida, Judge Pryor upheld this law. I critically evaluate the majority and concurring opinions. I will argue the opinion is flawed for failing to use intermediate scrutiny, and by appealing to social contract theory, and theories of punishment. I argue that the law not only fails to serve a legitimate governmental interest, but undermines democracy, perpetuates racial disparities, and makes felons an unequal party in the social contract solely because of their indigent status.
Identifier: FAUHT00214 (IID)
Degree granted: Thesis (B.A.)--Florida Atlantic University, Harriet L. Wilkes Honors College, 2022
Persistent Link to This Record: http://purl.flvc.org/fau/fd/FAUHT00214
Use and Reproduction: Copyright © is held by the author with permission granted to Florida Atlantic University to digitize, archive and distribute this item for non-profit research and educational purposes. Any reuse of this item in excess of fair use or other copyright exemptions requires permission of the copyright holder.
Use and Reproduction: http://rightsstatements.org/vocab/InC/1.0/
Host Institution: FAU
Is Part of Series: Florida Atlantic University Digital Library Collections.

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