Академический Документы
Профессиональный Документы
Культура Документы
Tatyana M. Cobbin
Abstract
This paper gives a background on recidivism and suggests that the box on applications that asks
if a person has been previously incarcerated should be banned. Along with background on
recidivism, the author gives a list of challenges and gives statistics. It brings up the part that
society plays in this issue as well as public concern for banning the box. It gives a brief
explanation of what the Ban the Box movement is. The author links in a lawsuit as well as states
that banned the box already and the years they banned it. It goes in the public support to link to
the need for society to come together and ban the box.
Introduction
"When I was arrested, I was in a bad situation. I made a poor choice, and I take full
responsibility. I just needed the chance to prove that the arrest does not reflect who I am."Est. 70
million people in the U.S. have a prior arrest or conviction record. More than a fourth of our U.S.
population has been formally incarcerated. With this fact stated, over 70% of them come out
with nothing. No money and no job. They come out with various barriers and one being finding a
job. 1 in 4 adults in the US have a criminal record. This criminal record will be looked at by their
prospective employer(Von Bergen & Bressler, 2016). 24 states banned the box and there are 26
to go. Society will play a huge role in taking this issue to a federal level. With presidential
support and the ban the box movement, this issue will be more publicized. Ban the Box rooted
the spark of this issue to be seen presidentially and got the box banned in 24 states. Recidivism is
a huge component of this issue. Ban the box should be removed in all states and the presentation
of a criminal record and the execution of a background check should be done after the initial
Recidivism
Recidivism is the act of a person repeating an undesirable behavior after he/she has either
experienced negative consequences of that behavior, or has been treated or trained to extinguish
that behavior (Berlatsky, 2008). For example, if Sue was convicted of a DUI and then comes
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back again for the same crime or a more violent crime and then later comes back again then Sue
is committing the act of recidivism. (Pico, 2010). In this country today, we see a lot on the news
on different crimes that have occurred and people getting charged with different things, but the
issue at hand should be looked into so that later on this wont happen again. If the problem is
solved thoroughly and treatment is given correctly, then there would be a lot less crime and a lot
The general issue is that people keep going in and out of jail or prison for the same or
similar crime. Recidivism is one of the most fundamental concepts in criminal justice (Berlatsky,
2008). It is also said to be a relapse which means a person is going back to their old way which is
not good. There is too much crime going on as it is. If a person keeps coming back and the
underline problem is not solved effectively, then that means more money and more problems.
National statistics show that within three years of release, about two-thirds (67.8 percent) of
released prisoners than were rearrested(National Institute of Justice, 2014). With that being said,
if these people didnt keep coming back for the same crime, then 32.2% would be left in jail or
prison. This percentage is a lot less than what we have now. Crime means a lot more money
needed to keep these people in jail or prison. So the decrease in inmates means a lot less money
taken from the government and this is working toward a smaller debt.
Challenges
A criminal conviction doesn't have to be the end of your career road - not by a long
shot (Dikel, 2014). Returning back into life after prison is like learning how to walk again after
a crazy accident. People have to learn how to adjust,and theyre going to be things that feel
different and things that they can do normally like everyone else yet. Ex-offenders have the
struggle of finding a job and a place to live. Without support from family and friends or support
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at all, its an even more difficult transition. With no job, no money, and no place to live,
returnees often find themselves facing the same pressures and temptations that landed them in
prison in the first place (USDOJ,2015). The last thing we want is for them to return back to
prison, so there needs to be some type of alternative for them. Some ex-offenders come out of
jail with little to no education. They need some programs to help them reach any goals or achieve
the education required to get the job they want or need to start a more stable, non-criminal
lifestyle. If everyone keeps turning them away and segregating them from job corps, its only
going to discourage them more, and they will end of resorting back to the same things that
There are a few job websites out there and job programs to help ex-offenders,for example
Step-Up Inc. The problems with job resource websites like this is that its not self-explanatory,
and the odds are still against these ex-offenders. They look at these websites and dont know
what to do. This is why they needed to be given help and resources while in the prison system.
That way when they come out they know what they need to do and they can get right to it. The
housing part of returning back is touchy because there arent family or friends willing to allow a
person to stay with them when they get out then its up to them to find somewhere to go.
Offenders do not qualify for many housing assistance programs and more the half of ex-
offenders have no income or money at all upon their release (Petersilla, 2011). Support is crucial
for these ex-offenders when they return to the real world. Whether it be family, friends,
girlfriend/boyfriend, they need support to at least get started and earn enough money to begin a
life where they dont have to depend on anyone. This is where their discouraged again, and this
Statistics
There are many statistics out there that are unbelievable and some laws as well that help
protect ex-offenders when it comes to jobs and equal treatment. The Second Chance Act was
very interesting when it was further researched. On April 9, 2008, the Second Chance Act was
signed in to law. The purpose of the Act was to improve outcomes for people returning to
communities from prisons, jails, and juvenile detention facilities (The Band Back Together
project,2008). Another statistic was A 2002 study from the Federal Bureau of Justice Statistics
found that 67.5% of newly released prisoners were rearrested within three years of release
(CEDC Ex-offenders, 2014).This statistic was made in 2014, not too long ago. In order for this
percentage to decrease, changes are going to have to be made. More than 1.5 million children in
the United States have parents in prison, according to one study (NPR, 2002). This statistic is
ridiculous. If the problem is addressed or fixed and these ex-offenders are offered rehabilitation
and educational opportunities while in jail, when they get out it will be less likely for them to
Over 10,000 ex-prisoners are released from Americas state and federal prisons every
week and arrive on the doorsteps of the nation's communities (USDOJ, 2015). Over 10,000 ex-
offenders every weak return home. If these 10,000 every week started a new life without crime,
then they would not return, and the prison system would have less people to worry about. The
government would spend less money, the children of these ex-offenders would have their mom
or dad back, and most importantly the recidivism rate would go down.
Re-entry There are several factors that contribute to successful reintegration. They include:
employment, family support, financial stability (being able to cover the costs of housing and
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basic necessities), involvement in substance abuse programs and stabilization of any mental
illness (Band Back Together, 2008). Employment opportunities are low for ex-offenders
considering their criminal background. These ex-offenders should not be turned away just
because of their criminal background. This is what makes them give up and resort to their
As stated before, if they dont have any family support, then they dont have any start to
their new life. Financial stability is going to be hard especially if they dont have any family
support. Most ex-offenders return to families or friends in their old neighborhoods ( NPR,
2002). This is not helpful at all because their old neighborhood might remind them of their old
life and the might return to their old habits. They come out and they've got a bus ticket and
'gate' money, which is like 50 to 90 bucks," says Vincent Schiraldi, president of the Justice Policy
Institute, a research and advocacy organization (NPR, 2002).They have almost nothing besides
what they came there with. Without help from family and friends or any help at all they will
Ex-offenders, who are often some of the most vulnerable people in society, have a
fundamental right to human dignity, including basic amenities such as food, housing and
employment (CEDC Ex-offenders, 2014). Yes, these ex-offenders did have a bad past but thats
the past and in order to move forward they dont need to be reminded about it from everyone.
Housing is something that anyone should have and employment should be an option for these ex-
offenders. The world should try to help them not close the door on them for everything.
Most states allow employers to deny jobs to those who have been arrested but not convicted of
crimes. Most states allow employers to deny jobs to anyone with a criminal record, regardless of
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how long ago the crime occurred, despite work history or personal circumstances(Back
Together, 2008). Ex-offenders have many challenges that include employers denying them jobs.
This is going to get them nowhere. They need people to help them and open doors for them
instead of saying no because of their criminal record. Apart from having a criminal background,
Anderson says that the biggest barrier to employment is a lack of work experience (Oregon
Employment, 2012). This is why resources need to be given while in prison, so when they come
out they dont waste time and can find a job. These ex-offenders need to use their time wisely
The problem is that there is too much focus on the time being served and less focus on
the problem at hand. The criminals should be punished and away from all other people but their
need to be a time where people sit back and think about where this is getting us. The root of the
issue needs to be figured out and addressed. Just getting them in and out and serving their time is
not helping anything. Its known that most of the prisoners have an issue and they need help. It
doesn't help society to incarcerate without any rehabilitation. (Berlatsky, 2010) They leave the
jail or prison without any type of help and continue to come back because they are falling back in
their old ways. Most prisoners are stubborn and dont believe what theyre doing is wrong and
wont stop what theyre doing because it became a part of their lifestyle. This is where solutions
need to be put into place to make sure that everything that can be done is done so the rate id
recidivism is decreased.
Many prisoners dont have the education or the resources to get them out of the deep of
hole of crime and as a result of this fall back into crime. With these programs they can get help
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with getting back into the world and changing their life for the better. They dont have to resort
to stealing or robbing. The education helps their confidence as well as leads them down the right
path to a bright future. They wont go back to jail and can have something to look forward to
every day. This also reduces recidivism and keeps them out of jail. therapeutic meetings that will
allow them get their feelings out address their issues. They can meet others that are in the same
situation they are in. This allows them to open up more and know that its okay to admit you
have a problem. These meetings can be provided inside and outside of jail and prison. Prisoners
can look forwards to these meeting. They can be private or public because some people dont
like to talk in front of other people. Therapeutic meeting help prisoner better understand the law.
(Rabaiotti, 2014). This also helps with decreasing the rate of recidivism and keep them from
back tracking back into crime. This is why the lack of resources for ex-offenders is the worlds
Society
When FIIs come out of jail, they are coming out into an unknown world. They dont
have job and most have nomoney, family support or even a place to live. The world is basically
against them because of the stigma that comes along being previously incarcerated. The world
turns their back on them creating barriers that are hard to get over. The biggest barrier now is
obtaining a job(Von Bergen & Bressler, 2016). With no money and no place to actually call
home, these FIIs either look for work or return to the same behavior. In order to break the cycle
of recidivism, we have to break down these barriers and let these FIIs show that they have
changed and want to do better. Saying no to giving them a job, will deter them off the path of
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rehabilitation. This crime free life that they are trying to achieve will soon become hard with no
income. Being turned down is basically discouraging them and making it hard for them to
persevere. As a society we have to work together and do what we can to reduce this recidivism
rate and help these FIIs return into a world that will not say no just because of their past. They
have served their time and come out to be a citizen of the United States.
Public Concern
Interview
Dr. Judge, the 11th grade assistant principal to interview for this topic. The reason why
Dr. Judge was chosen was because he was very reachable and had experience interviewing
people in the educational field. This topic for banning the box is not based off of just the
educational field,but it was be useful to get insist on how he feels about the ban the box
movement. The main thing that was taken away from the interview is that it's all based on the
field of the job that wants to be pursued. A child molester looking to become a teacher vs a car
thief wanting to become a teacher is looked at totally different. He brought to my attention that a
one consequence that could emerge from box being ban is that they could commit a crime again.
So from that point it was clear that banning the box as a whole wouldn't be realistic. Towards the
end of the interview, the collective came up with a better solution than banning the box. Instead a
box would be created to better suit the job field. For example, if someone were looking to
become a teacher, there would be a box that requires a check of charges for anything related to
kidnapping, rape,or things of that nature. This interview really brought more light to a more
realistic approach to my topic. Dr. Judge understood the authors standpoint on banning the box
and encouraged the author to look at more into the state law in Virginia.
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Ban the Box Movement
The main support system for this ban the box cause is the Ban the Box campaign itself.
The campaign began in Hawaii in late 1990s and started to progress in the United States after the
2007-2009 recession. The Ban the Box movement was started by All of Us or None, which is an
human rights organization fighting for the rights of FIIs and gives applicants the chance to
provide evidence of rehabilitation. This movement will contribute to public safety and promotes
Reentry Programs in Virginia There are many reentry programs in Virginia that many people
dont know about. These programs can be very helpful for ex-offenders that need a helping hand
once outside of prison. Ex-offender reentry programs are proven to reduce recidivism
rates(Nadler, 2005). Release preparation starts the first day of incarceration and these programs
Region 2000s Career Center is a re-entry center that provides job search and training
services. Bridging The Gap In Virginia is a non-profit organization that helps people struggling
Reentry Programs and Assistance - Ex-offenders," 2016). Virginia Reentry Program and Human
Services is the project baby of Virginia. Virginia developed this program as a integrative system.
This helps coordinate the planning of reentry services. AFOI, which stands for Assisting
Families of Inmates, helps families cope with the incarceration of their family member (s). There
mission is,
The AFOI mission is to prevent the breakdown of relationships among inmates and their
families
by providing regular, meaningful visitation, support, referral and education services. Our
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services help families and loved ones throughout the period of incarceration and also
prepare
families for a successful transition when the inmate is released from prison back into our
Case Analysis
The U.S. Equal Opportunity Commission filed a lawsuit against two employers for use of
criminal background checks. In this case, BMW fired and denied hire to class of employees who
worked successfully for years. Also Dollar Tree excluded African Americans from hire. The
EEOC filed the lawsuits due to their violation of Title VII of the Civil Rights Act. The title
prohibits discrimination on the basis race and national origin and also retaliation. The EEOC
filed these lawsuits after attempting to resolve them through settlement. In the lawsuit against
BMW, the EEOC alleged that BMW screened out African American from jobs and the policy is
not job related. In the lawsuit against Dollar Tree, according to the EEOC, the convictions record
report about her was wrong and she did not have a felony. Dollar Tree did not reverse their
Legislation
States that banned the box and their dates in alphabetical order are the following:
California (2013, 2010), Colorado (2012), Connecticut (2010, 2016), Delaware (2014), Georgia
(2015), Hawaii (1998), Illinois (2014, 2013), Louisiana (2016), Maryland (2013), Massachusetts
(2010), Minnesota (2013, 2009), Missouri (2016), Nebraska (2014), New Jersey (2014), New
Mexico (2010), New York (2015), Ohio (2015), Oklahoma (2016), Oregon (2015), Rhode Island
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(2013), Tennessee (2016), Vermont (2015, 2016), Virginia (2015), and Wisconsin (2016)
The law that pertains to the authors topic is the Ban the Box of 2012;
The Ban the Box Act makes it an unlawful employment practice for certain employers to
seek information concerning a job applicant's conviction for a criminal offense. Sets forth
exceptions authorizing an employer to seek such information: (1) after a conditional offer
for employment has been extended to an applicant, or (2) where the granting of
employment may involve an unreasonable risk to the safety of specific individuals or the
general public. Directs the Equal Employment Opportunity Commission (EEOC) to issue
individual's past criminal history poses such an unreasonable risk within defined
categories of employment. Sets forth enforcement procedures and remedies under the
Employee Rights Act of 1991, and the rights and protections extended to presidential
offices ("H.R.6220 - 112th Congress (2011-2012): Ban the Box Act," 2011-2012).
Article Analysis
The main discussion amongst this scholarly journal was that ex-offenders serve
many consequences when they get out of jail. Some consequences are finding a spouse,
ability to vote and getting a job. Coming out of jail, is basically like starting your life
over again. It becomes more difficult when you have no support or help when you return
to the real world. The job search is the most difficult things for ex-offenders. Employers
view them as untrustworthy. Ban the Box comes in very helpful because it imposes
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restrictions on employers such as what they can ask, when they can acquire the
information and how far back they can go in the criminal record. The ban the box
policies vary in some ways like by the type of employer and/or the type of positions
covered. Most of ban the box laws apply to public employers. Also there are 8 steps in
the selection process: initial screening interview, completing the application form,
offer, medical or physical examination and permanent job offer. Over 100 cities and
counties and 23 states have adopted ban the box programs. Employers are allowed to run
background checks from just after the first interview all the way to conditional offers of
employment. This scholarly journal will be very essential in this authors research paper
because the author will be able to describe the interview process and what consequences
they face. This will add to the lists of barriers that describe how they are discouraged
Support
There are many corporations that have banned the box recently. For example, Target
Corporation banned the box in October 2013. This growing support is what this movement needs
especially from big corporations like Target. In addition to the corporation support, there is also
federal support as well. Obama says dont ignore it, give them a chance to get in the door.
With the support of the President of the United States,the process for banning the box has been
sped up. Many people have brought up that if banning the box is going to get done, it should be
done legislatively, so that the stroke of another president's pen can't undo it. Civil rights groups
are also supporting the ban the box movement. The American Civil Liberties Union called it an
BANNING THE BOX 15
important first step(Mauer, 2010). This would be an important first step in reducing the
recidivism rate. There are people who have gone through tough times. Theyve made mistakes.
But with a little bit of help, they can get on the right path. That is what we have to invest in, that
is what we need to believe in, (President Obama, 2013) The main point is that everyone
deserves a second chance,and they should be able to show their change. They should not be
Conclusion
FIIs have many barriers that they have to face. If they cant get their life together and
find a job to make money they will resort to their old behavior. They will end up returning back
to jail and using this nations tax dollars. The Ban the Box movement is doing a great service, but
it needs to be banned federally so that way all businesses and corporation have to follow this
policy. This a not only a local issue but a federal issue. Recidivism is a huge issue that is the
umbrella that banning the box is under. In order for FIIs not to return jail or prison, they need to
break the habit of crime by doing something productive. Obtaining a job is a major key in
breaking the cycle of crime. The crime they committed is the only thing they know and when
they return to society. Getting a job will allow to make money and do something productive to
deter them away from crime. If they are able to find a job and start a life that is crime free, the
recidivism rate will lower slowly but surely. Ban the box should be removed in all states, and the
presentation of a criminal record and the execution of a background check should be done after
References
The Band Back Together project Successful Reintegration After Incarceration Resources -
http://www.bandbacktogether.com/successful-reintegration-incarceration
from http://networklobby.org/issues/additional-issues/ex-offenders
http://www.justice.gov/archive/fbci/progmenu_reentry.html
E. (2013, June 11). EEOC Files Suit Against Two Employers for Use of Criminal
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Background Checks. Retrieved from https://www.eeoc.gov/eeoc/newsroom/release/6-11-
13.cfm
Frazier, M. (2011, August 9). A Solution to Recidivism: Let Ex-Offenders Vote. Retrieved
October 24, 2014, from http%3A%2F%2Fwww.thecrimereport.org%2Fviewpoints
%2F2011-08-a-solution-to-recidivism-let-ex-offenders-vote
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(Ed.), Teen Residential Treatment Programs (At Issue). Detroit: Greenhaven Press.
Retrieved October 24, 2014, from Opposing Viewpoints in Context.
L. (2011-2012). H.R.6220 - 112th Congress (2011-2012): Ban the Box Act. Retrieved from
https://www.congress.gov/bill/112th-congress/house-bill/6220
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STRATEGIES FOR, 1-7. Retrieved October 22, 2014, from
http://www.impactresearch.org/documents/recidivismexecutivesummary.pdf
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Nadler, M. A. (2009). Reentry for a Jail Audience. In D. Haugen & S. Musser (Eds.), Criminal
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from http://www.npr.org/news/specials/housingfirst/whoneeds/ex-offenders.html
https://www.qualityinfo.org/-/tips-and-resources-for-ex-offenders
Petersilla, J. (2011, October). Beyond the Prison Bubble. Retrieved December 14, 2015,
from http://www.nij.gov/journals/268/pages/prison-bubble.aspx
Parks, G. A. (2010). New Approaches to Using Relapse Prevention Therapy in the Criminal
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Pico, D. (2010). The Pennsylvania Prison Society: Advocating Exactly the Wrong Things. In N.
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Retrieved October 24, 2014, from Opposing Viewpoints in Context.
Rabaiotti, L. (2014, February 7). Meeting ex-prisoners gave me a deeper understanding of the
law. Retrieved November 7, 2014, from http%3A%2F%2Fwww.theguardian.com%2Flaw
%2F2014%2Ffeb%2F07%2Fprison-reform-law-students
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Recidivism. (2014, June 17). Retrieved November 7, 2014, from
http://www.nij.gov/topics/corrections/recidivism/Pages/welcome.aspx
Saunders, D. J. (2010). Escaping the Myth of 'Three Strikes' State Prison Law. In S. Engdahl
(Ed.), Prisons (Current Controversies). Detroit: Greenhaven Press. Retrieved October 28,
2014, from Opposing Viewpoints in Context.
Step-Up Inc. About Step-Up, Inc. (2010). Retrieved December 14, 2015,
from http://stepupincorporated.org/about.html
http://www.careeronestop.org/credentials/findyourpath/my-skills-are-out-of-date.aspx
Von Bergen, C. W., & Bressler, M. S. (2016). "Ban the Box" Gives Ex-Offenders a Fresh Start in
Securing Employment. Labor Law Journal, 67(2), 383-395. Retrieved November 7, 2016,
Wood, G. (2012). Prisons Without Walls. In R. D. Lankford, Jr. (Ed.), Alternatives to Prisons (At
Issue). Detroit: Greenhaven Press. Retrieved October 28, 2014, from Opposing Viewpoints
in Context.
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