Felons are a prime example of a sub-class of individuals that, once convicted in a court of law, are classified, punished, stigmatized, stripped of their rights as American citizens, and discriminated against. Could this be a form of De Facto double jeopardy? While felons are not literally subjected to a second trial within the judicial system for the same offense, felons face a pseudo trial with society, as its jury, upon re-entry into society, based on the continual discrimination for crimes they have already served time for. The enactment of discriminatory laws against felons dehumanizes the individual by discarding their rights as citizens and encourages, perpetuates, and condones such a societal trial upon their re-entry into society from which these individuals need protection, not more punishment.
Post-Conviction Release and Defacto Double Jeopardy: Making the Case for Felons as a Quasi-Suspect Class Due to the Collateral Consequences of a Felony Conviction,
Fla. A&M U. L. Rev.
Available at: https://commons.law.famu.edu/famulawreview/vol16/iss1/2