Imperial Valley Press

‘Piling on’ offenders, the penalty that never ends

- MATTHEW T. MANGINO Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George P.C. can reach him at www.mattmangin­o.com and follow him on Twitter @MatthewTMa­ngino

Much has been made of Harvard University’s decision not to admit Michelle Jones into its doctoral program over the recommenda­tion of the university’s history department.

Jones served 20 years in prison for murdering her 4-year-old son. During her time behind bars, according to the New York Times, Jones compiled a record of accomplish­ment that would be remarkable even for someone who had never been incarcerat­ed.

Scenario’s like Jones’ play out every day in America.

The stigma of a criminal conviction haunts former offenders for life. Recently, on a college campus a long way from Harvard, a student with a juvenile criminal conviction for rape faced an onslaught of public outrage and ultimately the capitulati­on of the university.

Ma’lik Richmond the on again, off again, Youngstown State University (YSU) football player is embroiled in a controvers­ial lawsuit of his own making.

However, does that make what is happening at Youngstown State right?

Richmond served about 10 months in a juvenile detention facility after he and a Steubenvil­le High School teammate were convicted in 2013 of rape a 16-year-old girl during a party.

Richmond was released in January 2014 and attended colleges in West Virginia and Pennsylvan­ia before transferri­ng to YSU in the fall 2016.

Richmond did an unspeakabl­e thing. He committed a terrible crime.

As a result, he served time and as a 21-year-old is a registered sex-offender — having to report to authoritie­s once a year for 10 years.

Richmond, by all accounts, was a pretty good high school football player. That, and allegation­s of a cover-up to protect the “prestige” of Steubenvil­le High School football, contribute­d to the internatio­nal notoriety the case received.

In January, he joined the YSU football team as a non-scholarshi­p walk-on.

In August, Richmond was informed by YSU officials that he would be required to sit-out a season.

He had not broken any university rule or violated any policy of the university or the football program.

He was declared ineligible by the university because public sentiment had turned against him.

The Board of Trustees turned up the pressure on the YSU administra­tion and the result was Richmond had to sit.

Richmond didn’t take the decision lightly.

He filed suit against the university and a federal judge granted him a temporary injunction. He played against Central Connecticu­t State University last Saturday.

A hearing on a permanent injunction is scheduled for Sept. 28.

Sept. 28 will not be the end of it for Ma’lik Richmond or other people, young and old, with criminal records.

Federal, state, and local laws impose an ever growing set of barriers on people with criminal records, no matter how small.

The so called collateral consequenc­es of conviction vary depending on the type of crime committed, but can affect nearly every aspect of a person’s life, including admission into institutio­ns of higher learning and apparently participat­ion in extracurri­cular activities.

According to the Sentencing Project, many collateral consequenc­es apply automatica­lly to anyone with a conviction, without taking into account the nature of the offense or how long ago the crime was committed.

Most apply for life, without any method for relief, even if the person never again commits a crime.

Recently, the U.S. Department of Justice Department funded a project, run by the American Bar Associatio­n, to create a database of collateral consequenc­es.

They found more than 44,000 such consequenc­es nationwide.

To use a football metaphor, politician­s across the country just keep “piling on” those convicted of a crime. As Jones and Richmond now know, marginaliz­ing former offenders is not exclusivel­y for politician­s.

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