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Jeremiah Weir

Professor Litle

ENG.121001

2 April 2019

Societally Sanctioned Discrimination based on Criminal History

Approximately 70 million people in the United States have criminal records that prevent

them from being considered for employment in even the most menial positions (Westrope, 367),

and over 60 percent of employers refuse to hire individuals on the basis of criminal history

(Westrope, 370). This is roughly one-third of the American population (Westrope, 369). This

places an enormous strain on the overall economy, government-funded welfare programs,

businesses, and the individuals themselves along with their families and loved ones.

Over 38,000 statutes that add additional consequences for criminal convictions, more

than half of which mandate denial of employment opportunities (Westrope, 369), reinforce this

blatant form of discrimination. Such legal and business policy serves to increase the crime rate,

damages our national economy, diminishes the workforce that employers have to recruit from,

and places a cruel and unusual punishment on people who have served their sentences and are

striving to reintegrate into society. The current criminal justice model is not economically

sustainable, guarantees recidivism, and is contrary to American values because it deprives

citizens of the basic right to be able to provide for themselves and their families.

The sources cited below all deal with this topic from similar yet distinct perspectives

utilizing various methods for gathering data and solving the related issues. Using these sources, I

plan to compose a paper that illustrates the errors in contemporary criminal justice policy in

conjunction with the business practices related to criminal history. I will then proceed to
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demonstrate how these practices are actually forms of civil rights discrimination. Finally, I will

conclude by presenting viable solutions to the issues that I am discussing.

Brockmann, B. Tobin, E., and Tyler. “Returning Home: Incarceration, Reentry, Stigma and the

Perpetuation of Racial and Socioeconomic Health Inequity.” Journal of Law, Medicine &

Ethics, vol. 45, no. 4, Winter 2017, p. 545. EBSCOhost,

libdb.ojc.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edb&A

N=127270978&site=eds-live. Accessed 2 April 2019.

In the article cited above, Brockmann et al. examine the manifold interconnected

links between physical health, socioeconomic status, ethnicity, incarceration, and reentry,

along with the effects of reproach stemming from past incarceration and having a

criminal record. The authors use statistical data from numerous medical, health-related,

and government sources to explore the health and quality of life connections between

incarceration, poverty, race, and sustainable reentry. Their research centers on the health

implications of incarceration along with the stigmas caused by it, as well as the

reinforcing elements that are associated with it, such as mental health issues, substance

abuse disorders, and communicable diseases.

This article is relevant and useful for my research because Brockmann et al.

statistically illustrates the socio-economic disparity in the American criminal justice

system along with the collateral consequences of its mass incarceration methodology for

society. Furthermore, it demonstrates the disproportionate rate of incarceration in

America in contrast to other nations. As Brockmann et al. state: “While the U.S. has 5%

of the world’s population, it has 25% of its prisoners” (545). This percentage of inmates

seems quite contradictory to the United States’ claim of being a free country.
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The primary limitations in this article are the lack of explanation for methods used

to obtain the data, which could have proven challenging to ascertaining the accuracy of

its conclusions. However, I was able to authenticate the data, much of which will be

useful for my research as it directly pertains to the subject matter of societally sanctioned

discrimination and socio-economic disparity that I am examining, and it contains an

exploration of criminal justice policy change that is relevant to my research. I will use

this information for my investigation, especially the aforementioned data on criminal

justice policy change.

Lux, E. From Rehabilitation to Punishment: American Corrections After 1945. Diss. University

of Ottawa, 2012.

In the above-cited article, Lux examines the increase in the incarceration rate in

the United States of America after 1945; he investigates the aim, ideology, and

methodology of America’s criminal justice system. The author utilizes data from

journalists, policymakers, and intellectuals to analyze the purposes, theories, and

influences behind the prison institution along with criminal justice policies.

This article is relevant, applicable, and useful for my research topic because Lux

provides an abundance of facts that clearly demonstrate the severity and ineffectiveness

of the current criminal justice model in the United States. The limitation of this article,

albeit a minor one, is the absence of headings and subheadings, which make it difficult to

locate specific data and conclusions reached. This article would be useful for my research

by providing much of the information I need concerning mass incarceration in America,

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sentence structure, criminal code, and judicial policy; however, I will not use it because it

is too lengthy for the purposes of my project.

Westrope, E. “Employment Discrimination on the Basis of Criminal History: Why an Anti-

Discrimination Statute Is a Necessary Remedy.” Journal of Criminal Law &

Criminology, vol. 108, no. 2, Spring 2018, pp. 367–397. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=129117879&site=eds-live.

Accessed on 7 April 2019.

In the article cited above, Westrope provides a detailed and accurate analysis of the

impact on individuals and society that stems from employment discrimination based on a

person’s criminal history. As Westrope states, “Gaining employment is one of the most

important steps for returning citizens to take in order to regain stability in their lives” (367).

Westrope illustrates how this discrimination carries adverse consequences for the whole of

society economically, socially, morally, and physically.

The author uses facts from a multitude of laws, regulations, and statutes related to

criminal convictions and hiring practices to show the rampant discrimination in America toward

people with criminal convictions. Westrope then offers a comprehensive plan for a proposed

anti-discrimination statute to address the issues involved. The author’s research focuses primarily

on expungement statutes and their limitations, the Fair Credit Reporting Act, the EEOC’s

approach to the issue, and the economic, political, social, and business concerns for this topic.

This article is useful to my research because it addresses the precise topic that I am examining,

and it gives a plethora of facts and information that is crucial to my project as Westrope provides

all of the relevant information concerning current criminal background and employment statutes,

laws, regulations, and practices. I did not find any major limitations in this article since it
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addresses both sides of the debate while presenting viable solutions that are satisfying to each

side of the issue, and it contains all of the critical elements necessary for researching my chosen

subject matter. I will likely use this article to form the basis of my research.
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Sources Cited

Brockmann, B. Tobin, E., and Tyler. “Returning Home: Incarceration, Reentry, Stigma and the

Perpetuation of Racial and Socioeconomic Health Inequity.” Journal of Law, Medicine &

Ethics, vol. 45, no. 4, Winter 2017, p. 545. EBSCOhost,

libdb.ojc.edu/login?url=http://search.ebscohost.com/login.aspx?direct=true&db=edb&A

N=127270978&site=eds-live. Accessed 2 April 2019.

Lux, E. From Rehabilitation to Punishment: American Corrections After 1945. Diss. University

of Ottawa, 2012.

Westrope, E. “Employment Discrimination on the Basis of Criminal History: Why an Anti-

Discrimination Statute Is a Necessary Remedy.” Journal of Criminal Law &

Criminology, vol. 108, no. 2, Spring 2018, pp. 367–397. EBSCOhost,

search.ebscohost.com/login.aspx?direct=true&db=a9h&AN=129117879&site=eds-live.

Accessed on 7 April 2019.