It is a particular bugaboo with me. I am pretty dogmatic when it comes to debate. I firmly believe that it is essential for every participant to agree upon the meaning of every word and concept before being required to discuss it. So, for the sake of accuracy, let us start with the definition of "felon".
A convicted felon is a person who has a criminal record of having been found guilty, or having pled guilty, to a criminal offense defined by the state in which the conviction took place as a "felony", or a person who has a record of having been convicted of or having pled to a criminal offense defined by the federal government as a "felony". Therefore, the first step in this debate is to examine what is and what is not a felony. I will confine my discussion to felonies arising under Kentucky law.
In Kentucky a "felony" is defined as an offense for which a sentence to a term of imprisonment of at least one (1) year in the custody of the Department of Corrections may be imposed.
How many persons alive today in Kentucky have a criminal record which contains a "felony"? According to a study based upon 2010 data the number of Kentuckians with felony convictions was 243,842. However, this included people currently in prison, currently on parole or probation or serving their sentences in local jails.
Of the total number of people with felony convictions, according to the study 180,984 of those people were classified as "ex-felons". Of course since a felony conviction is for life (except in the case of a pardon) no one is likely to be an "ex-felon" who was included in this number.
Now, let's examine the kinds of things that can result in a felony conviction.
Bouncing a check for more than $100 was at one time a felony. Finding and keeping lost property worth more than $500 is a felony. Using your mother's car without her permission a second time can be a felony. And over the years, as the legislature has modified the marijuana laws to the point where it is now legal in many states, many people in Kentucky have felony records as a result of conduct which in today's world would be nothing more than a misdemeanor.
Many people with felony records had those crimes added to their history when they were in their teens. Some of those folks are now in their retirement years having lived long, rewarding, prosperous lives without another blemish.
So the question which the people of Kentucky may have to face when considering whether to amend the Constitution will certainly not be fully described in any language chosen by the legislature.
Which is just one example of why, when you hear any politician trying to score points by raising his/her rhetoric to a fever pitch, you should first insist that they define their terms.
And though I said I was going to limit my discussion to "felonies" as defined by Kentucky law, as we all know some states have made the possession of certain firearms, and ammunition magazines felonies. According to the federal courts, Kentucky may be required to give those convictions full faith and credit.
Should a young woman who bounced a check for $100 when she was in college and had no money to fight the charge so instead pled guilty be punished the rest of her life with all the baggage attendant to being a felon?
It's worth a closer look than you will likely get from the discussions now underway.
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