In a 1994 Supreme Court opinion, Associate Justice Clarence Thomas described a felony as “as bad a word as you can give to man or thing.” When Donald J. Trump was convicted of 34 felonies in May, the nation faced a unique situation: a felon who had once held the highest office in the land. The question now is whether this label will tarnish Mr. Trump, as it has done to many others throughout history.
President Biden has been calling Mr. Trump a “convicted felon” on the campaign trail and in debates, suggesting that the felony convictions reveal his true character. The term “felon” carries historical connotations dating back 900 years, originating from the harsh punishments of the Middle Ages. It is defined by the severity of the punishment rather than the specific crime committed.
Felons, individuals found guilty of a felony punishable by a year or more in prison, face various challenges even after serving their sentences. This includes restrictions on employment, housing, and voting rights, known as “collateral consequences.”
The term “felon” applies to approximately 20 million Americans, with a disproportionately high number among Black men. Felonies can range from violent crimes to non-violent offenses like falsifying official documents, as seen in cases like Mr. Trump’s and Hunter Biden’s. The expansion of what constitutes a felony has raised concerns about the criminalization of a wide range of behaviors.
The felony system in the United States, with thousands of federal crimes classified as felonies, has been criticized for its impact on marginalized communities. Many argue that felony convictions perpetuate a form of modern-day discrimination, reminiscent of the Jim Crow era, by disproportionately disenfranchising Black individuals.
Felony disenfranchisement has been used historically to suppress Black voting rights, perpetuating racial inequality. Today, millions of Americans are barred from voting due to felony convictions, with Black individuals affected at a significantly higher rate than whites.
While Mr. Trump faces the consequences of his felony convictions, he has sought to portray himself as a victim of the legal system’s bias. His comparison to infamous figures like Al Capone is seen as an attempt to reframe his convictions as a badge of honor, appealing to a narrative of defiance against authority.
Legal experts caution against using the label of “felon” to attack Mr. Trump, as it reinforces harmful stereotypes and contributes to the stigmatization of individuals with criminal records. Some advocate for abolishing the felony category altogether, likening it to derogatory terms used to marginalize certain groups in the past.
As Mr. Trump’s legal team challenges his convictions in court, he continues to navigate the implications of his new criminal status. Despite his efforts to downplay the significance of being a felon, the lasting impact of this label remains to be seen.
The evolving perception of felons in society raises questions about the intersection of criminal justice, race, and power. Whether Mr. Trump can reshape the narrative around his felony convictions or if he will be forever marked by this designation is a matter of ongoing debate.
