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Geraldine Doble is a psychology major at the University of Maine at Farmington.
I wanted to hear my adolescent son’s point of view on individuals working after being released from prison or jail. When I asked him, he responded: “No [they should not get a job] because they could do bad things again.” While he is still relatively young, his response reflected widespread stigma in our society. The ideology surrounding formerly incarcerated individuals is unjust and should be rejected.
Between 70 million and 100 million, or as many as 1 in 3 Americans, have a criminal record. This mark of shame from being arrested or convicted of a crime (regardless of innocence) is deeply ingrained within our society. This humiliation is apparent to most of the public, but it is felt much more profoundly by the individuals who go through it themselves.
A study in 2011 suggests that inmates’ perceptions of this dishonor are more prominent when they identify with other formerly incarcerated individuals. In other words, public opinion may be low, but their stigma tends to be far worse.
The stigma associated with a criminal record also significantly decreases one’s quality of life. This affects their isolation, self-shame and inability to disclose their criminal background for fear of rejection or discrimination.
Their criminal record dramatically hinders their ability to earn an income to support themselves and even their families. Even if convicted individuals want to support themselves and their families, they meet many barriers that equate to “permanent underclass.” This economic instability is based on rejected job applications and local biases.
This is not just a national problem. In Maine, when a background check is done, it shows “convictions, arrests, and incarcerations.” These disparities are more significant for Black, Indigenous and other people of color. In essence, even after completing their sentence and being released, individuals who have served their time to society continue to be trapped, stripped of their full freedom.
Some would say that this is their punishment for breaking the law. They have done bad things, so they deserve this mistreatment. This opinion is based on a perfect criminal justice system in which only the guilty are arrested and charged. But the truth is that error and injustice are ever-present. For example, a pregnant black woman from Detroit, Michigan, was wrongfully arrested last February. Using an old photo, they inaccurately identified her via facial recognition for a robbery and carjacking. Due to this arrest and allegation of criminal behavior, this woman could face societal disgrace in the future. There have been 3,427 exonerations in the U.S. since 1989.
There were around 1.2 million incarcerated in our nation at the end of 2021. Our country has the highest rate of imprisoned individuals. We have unfair sentencing practices within our criminal justice system as well. The “three strikes, you’re out law” equates to excessive years, even life sentences, for some incarcerated people. This mandatory sentencing takes the impartial freedom from the judge during sentencing.
It is also estimated that 4 percent to 6 percent of incarcerated persons are wrongfully convicted in the U.S. This essentially equates to 1 in 20 incarcerated individuals being innocent of their convictions. This is a bittersweet situation because even if someone is cleared after being convicted, once this experience marks them, they are forced to carry it for life.
Our state has the Fair Chance Act, or “Ban the Box” campaign, which prohibits an employer from outrightly discriminating against them on the application or help wanted advertisement. However, a loophole also allows employers to question prospective employees about any criminal history in the job interview. While this allows them to discuss their past, it must be balanced. This will continue until public perceptions shift to a compassionate, understanding perspective on others’ mistakes.
So what can be done about this prevalent stigma? As with most things, knowledge is a great starting point for any significant societal shift. This could be as simple as advocating to stand up to the inequality that ex-detainees face. Or by launching an anti-stigma campaign to gain public awareness.
Another approach is to increase well-designed aftercare programs so that these individuals can reacclimate into society and not be shunned and ridiculed by it. These programs have been linked to lower secondary offenses ( recidivism rate) while allowing immediate social support. Some states, such as Pennsylvania, have implemented a “Clean Slate” policy model, which gives convicts a clean slate after a certain amount of time. I hope that one day, these laws will be within all the state and federal levels.
Following my son’s reply, we discussed the punishments he and his sister have when they misbehave, such as taking screen time away or a timeout. Then after some reflection, he said: “Mom, I think those people deserve to start over.” Knowledge is a very powerful thing, even for a child.