Are criminals allowed to vote whilst in prison?

Answer 1

In the UK prisoners are not currently able to vote.

However, the European Court has ruled that the blanket ban on prisoners voting is unlawful.

The government is therefore reviewing the UK law on this.

Answer 2

I am a bit surprised that after 34 answers, no one has actually given you a correct answer to your question, so I will.

In the US, some criminals in prison are allowed to vote. For instance, as of 2004, a couple of states, Maine and Vermont, had no restrictions on voting by people convicted of crimes. (see the first link below) States that do have such restrictions almost always limit the application of laws taking away voting rights to those criminals who have been convicted of a felony. If you are only convicted of a misdemeanor, you do not lose your right to vote under a felon disenfranchisement law. Therefore, someone who is in jail during an election may or may not have a right to vote in that election. I imagine, however, that most who can do not, lacking access to absentee balloting applications or the knowledge of how to get a ballot by mail. Many may think they are not allowed to vote, even if they are, which is unfortunately another form of disenfranchisement caused by ambiguous and inconsistent laws and a lack of public knowledge on the issue.

Generally, 'criminals' can vote. It is only criminals who are felons who cannot, in states that prohibit felon voting. The difference between a felony and a misdemeanor is that a felony is a crime for which the punishment could be a year or more of imprisonment. If you are convicted of a minor crime, that carries a penalty of, say, 30-60 days imprisonment, then you are not a felon and do not lose your right to vote in states that take voting rights away from felons. Misdemeanor convictions do not strip people of voting rights.

The actual length of your sentence does not matter- it is the CRIME that determines whether you are a felon or not. So, for example, if you are convicted of a crime that carries a penalty of 6 to 18 months and you are sentenced to 6 months, you are still a felon- the crime was a felony, since people convicted of it could be sentenced to a year or more in jail.

In many Southern states, felon disenfranchisement laws began to be passed after the Civil War as a method of suppressing the black vote. Instead of the simple felon/misdemeanor distinction, convictions for a particular list of crimes would lead to disenfranchisement. The state legislatures would go through all their crime statistics and include only the ones that had high conviction rates among black people. This led to all kinds of ridiculous outcomes.

For instance, for many years in Georgia, if a man was convicted of beating his wife, he lost his right to vote, but if he was convicted of killing his wife, he did not. Apparently GA legislators felt that whites were convicted of most of the murders and blacks of most of the domestic abuse.

That particular law has been changed, but the historical basis of laws about felon disenfranchisement is still very clear- it was a racist policy, with very particular consequences intended: to keep blacks in the South from voting. This is one main reason why some people today argue that the laws should be repealed.

Answer 3

In the UK convicted prisoners cannot currently vote. But a European Court of Human Rights decision means that the government will have to allow some prisoners to vote. They have just started consulting on the matter in the last few days.

http://news.bbc.co.uk/1/hi/uk/4316148.stm

http://society.guardian.co.uk/crimeandpunishment/story/0,,1972283,00.html


In reply to PhD below, the 'Insane' can vote- it is only people who are compulsorily detained under the relevent mental health act who cannot vote. So, many people who would be considered insane are able to vote.

Additionally any peers who no longer have the right to sit in the Lords now have the vote. And Peers have always (IIRC) had the right to vote in Local and European elections.

And 'Convicted Felons' can vote if they have finished their sentence or are on early release. It is only their residence in prison which stops them voting.

Answer 4

Prisoners cannot vote while they're incarcerated. Once they are out, though, non-felons can start voting again. Felons currently lose that right at sentencing. (Lose=It's taken away and they no longer have it; it doesn't mean that it's no longer tight enough to vote.)
Some states, I think Florida, are considering giving felons the right to vote after prison.

I don't know if I care. Even if they could vote, even during a big election, only half of them would actually exercise the right. I'd like to see the campaign commercials pandering to inmates.

Answer 5

Not while in prison. But it varies by state as to when they can vote after getting out. Oklahoma allows convicted felons to re-register to vote after the length of time of the original sentance has passed.

Answer 6

No.

1. Convicted felons
2. Peers of the realm
3. The 'insane'
4. People under 18

None of these can vote!

Answer 7

In the UK they are not,however there is going to be an application to the European court for them to have this. The EU court will probably debate that prison in itself is the punishment, that is defined as deprivation of liberty, and that prisoners have the right as citizens to still participate in the democratic process.

Answer 8

If you are talking about the UK, then they are currently reviewing the law, as at present, prisoners are NOT allowed to vote, however, the current shambolic government are hoping to change this. Maybe they now where a lot of the poularity has gone recently, not that i am saying that labour voters are step lower than the normal brit!

Answer 9

No in all 50 states,after release some sates allow it others make them wait until they have completed parole to vote again

Answer 10

No

Convicted felons are not allowed either

Democrats loose a voting base