A conviction of a crime has stigma that accompanies it. Often, many people assume that if someone is a convicted felon they are “bad” and that their crime defines who they are as a person, to some extent. Consequently, this can cause people to distrust those that have committed a crime. It is easy to let a person’s past limit their future. Most people think there should not be double jeopardy, meaning someone can’t be charged for the same thing twice. However, isn’t that what society is doing to people who have been convicted of a crime? In Marked, this week’s reading by Devah Pager, Pager brings to light the consequences of criminal activity and the adverse effects on personal image.
Today, on nearly every job application candidates are asked whether or not they have previously been convicted of a crime and if so, when, and for what reasons. Regardless of what the crime is, when a person, especially an employer, sees a “yes” answer to that question, they will likely make an immediate judgment about that individual’s character. I know that personally, if I walked into a room where the only other person was a convicted felon I would most likely feel uncomfortable and jump to conclusions about that person’s morals, values, or even their character. This stigma that is ingrained across the majority of society. Growing up, children are told to stay away from strangers. We are taught to proceed in our lives with caution because people will not always be working with our interests in mind. We are aware of dangers. Personally, at home and at school, I feel as though I was taught about the law and criminal activity in a very black and white manner, meaning committing a crime was “bad” and abiding by the law is “good”. Now that I am older, I see that there is gray area. When I say this I am not stating that it is completely acceptable to commit a crime. There is a fine line that exists. However, as Pager points out, this negative stigma in regards to felons results in denied access to jobs, loans, housing, and other goods that many people take for granted. Pager announces that the U.S. has the highest rate of incarceration in the world. Is this really a shock though? I have never looked at the numbers previously, but I believe what Pager’s points are properly justified. Mass incarceration has had its effects on the labor market.
This chart is from 2001. However, it still sheds light on the mindset of some employers who are faced with the decision of whether or not to hire an ex-convict.
Though committing a crime is by no means excusable, we do not always know the full story. At times, there can also be false conviction. This is not always the case, obviously, but our justice system is not flawless. Finding a job is extremely important not only because of its value as an income provider and therefore a means for survival, but also because it is a strong predictor that a person will not be drawn back into crime. It would not be right to assume that there is inequality in employment for ex-offenders simply based on the fact that there is stigma, but rather there are other elements that foster what ultimately is inequality in opportunity. The three elements Pager identifies are: selection, transformation, and credentialing. Credentialing is what I discussed above. It is the idea that the negative connotation associated with incarceration allows damaging credentialing to occur in what is a credential society. This is a concept that is difficult to escape, as it even is pervasive in our childhoods. Furthermore, selection is the person convicted never had the motivation to get a job in the first place, even before they were incarcerated. Finally, transformation is the idea that the criminal activity and resulting time served affected the individual in a way that renders them unable to enter the labor market.
Pager performed a study that was limited to white and black males with and without a criminal record. She finds that a criminal record is a strong barrier to obtaining employment. Furthermore, there is an even greater disadvantage for those black men who are ex-offenders. According to Pager, prisoners will re-enter jail because they are compelled back to crime. Often, people rule out race as a determinant in life opportunities. However, not only have I seen firsthand that race can contribute to unequal opportunity, but also, we have seen in numerous readings this semester that race plays a significant role in determining your life opportunities. This could simply be due to lack of access to certain resources or even parenting style. Nonetheless, race plays an important role, especially in education. It is sad to think that many blacks with no criminal record had relatively similar chances of obtaining a position with a company as a white ex-offender did. In Marked, Pager proves that race again is significant in the labor market. It seems as though ex-offenders get stuck in a vicious cycle due to an inability or extreme difficulty in obtaining even a low-level job. Basically, according to Pager, the social cost of high unemployment should be of public concern. Despite the fact that I agree with Pager that society needs to take a step to do something different to break this cycle of unemployment for those who were previously incarcerated, how can we expect employers to take the first step and employ these people? Hypothetically, I know that if I were a private sector employer I would fear the negative consequences that could arise from hiring an ex-offender. Employers conceivably could risk liability and theft. For these individuals is it worth it to take that risk simply for the public and social good of giving that convict a job? It could also steer away customers that are not understanding of the company’s efforts to make a difference on a societal level. So, I guess the question we come to is what to do when a strong trend exists in mass incarceration and simultaneously this is having a negative effect on those ex-offenders. I can’t say that I truly have the answer, but I do see the need for change and agree with Pager’s key points in her powerful book, Marked.
*I was unable to find this video on youtube.com or put this in my blog in another way. However, I recommend watching this short 3 minute clip presented by the national geographic. It discusses the struggle ex convicts faced when attempting to re-enter the job market.
* Below is another link that is worth checking out. It corresponds with Pager's book quite well.
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