Here is what I have learned so far on wrongful conviction/imprisonment cases.
1. The USA has had an explosion in prison sentences, especially. The last 25-30 years. Perhaps due in part to privatization of prisons. It’s profitable for investors.
2. Minorities representing a much higher percentages of inmates. My client is white.
3. The majority of long term prison sentences are with a cohort of less than high school education. Those leaving prison with low educational attainment, and comparing that segment to higher educated feon, is not useful or valid for those with a BS/BA.
4. The key problem of an educated felon is the percentage of vetting for job applications that are performed. I have found the % of vetting that is much higher than assumed for higher paying occupations. The net result is employers saying tactfully, “Thank You for your application but we have made another candidate selection.”
5. No or inadequate data exist for my client to address or link to peer review findings. The research I have read to date is composite findings and not specific to age, ed., race, type of felon. This is the proverbial N-1.
6. The length of job search is higher that a “normal” applicant, no matter the client background. Explaining what happened for X # of years is a poisoning effect to be a viable competitive candidate.
7. Most of the research found is old, 2000-2012.
8. All research I have read does support the hypothesis of longer time to find work, lower wages that an average similar situated employee, lost wages during incarceration, more periods of unemployment, therefore, lifetime reduction of wage earning capacity.
This is my first Wrongful Imprisonment case. I have not performed a single “wrongful imprisonment” case since doing forensic assessments since 1982. I assume to Toal number of cases available is very small, perhaps smaller than any other type of assignment Voc. Experts get. First, one must have a case appealed and prevailed for even filing an economic and vocational damages claim. Then an attorney smart enough to hire someone.
Many thanks to Bob Pare, Matt Simms, Steve Bast and Michelle McBroom Weiss! Each sparked further questions and issues I found value in. Perhaps I will write some outcome if the case settles this year as discovery continues for several months.
JOHN F. BERG
Vocational Consulting Inc,
Seattle, WA
Original Message:
Sent: 6/13/2024 10:46:00 AM
From: J. Matthew Sims
Subject: RE: Impact of incarceration on access to professional employment
John,
There's very little published out there with regards to a reduction in earnings related to felony convictions that is specific. Many refer to old and vague data with a simplistic percentage reductions, but the variability of that statistic would be tremendous. There is basically no real peer reviewed and published methodology for us to apply regarding this that I know of.
My best understanding is that reduction in earnings relates to three things, inability to return to the same pre-felony occupation (such as a licensed or professional occupation), negative stigma, and loss in years of experience that drives earnings increase especially for someone in their 20s (age-earnings profiles). But if the person was minimum wage before, there would likely be no loss, so a percentage method may not work. I also do not believe that ex-felons who start their own company are in those statistics.
I haven't looked at this in a while, but Needham and Shipp published I think a review of what literature is there. I haven't looked at their conclusions in years so I don't know if this is helpful, but it's worth a look.
Journal of Forensic Economics 18(2-3), 2005, pp. 187-195
©2006 by the National Association of Forensic Economics
187
The Impact of Criminal Convictions on Calculations of Lost
Earnings in Personal Injury and Wrongful Death: Issues for
Forensic Economics and Vocational Assessment
Allyn Needham and Shannon Shipp*
Kind Regards,
-----------------------------------
J. Matthew Sims, MC, MS
Vocational Economist
Flagstaff Office:
Sims & White, PLLC
223 N. San Francisco St., Suite 103
Flagstaff, Arizona 86001
o (602) 253-2033
c (623) 826-4091
www.simsandwhite.com
Original Message:
Sent: 6/13/2024 10:25:00 AM
From: Robert J. Pare'
Subject: RE: Impact of incarceration on access to professional employment
Hey, John.
I had not realized how long ago it was that I had wrestled with and addressed this type of case. Great question!
I offer a few PDF's here (for the Listserv library as well) that are admittedly somewhat dated. Nonetheless, the organizations cited, along with the considerations of multiple demographics assist one to see what a dark hole this daunting topic can be, and those sources probably may still offer more info and stats that are contemporary. Somewhere, at the time that I had written my assessment, I had come across a stat that "universally" (if such is applicable or reliable) one who serves prison time finds an average of 40% loss of income, upon release. If nothing else, this may help to support that this type of "loss" is real, although the 40% seems low to me. (And of course, that cite is in a report that I cannot find at the moment.)
Good luck with this. The answers that you have already received are ones I will also save for future reference here.
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Bob Paré, MS, CRC, LRC, CDMS, FVE, ABVE/D
rpare@consultativerehab.com
Mt. Laurel, NJ. Tel: 609-531-2529
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Original Message:
Sent: 06-12-2024 09:30
From: J. Matthew Sims
Subject: Impact of incarceration on access to professional employment
You may want to look more into rehabilitation, such as refreshing his education in engineering. The evaluee could go to a university and talk with a professor there to see what they recommend to catch him up. The wage loss then gets extended through the rehab period, plus there's the costs of college to add on.
------------------------------
J. Matthew Sims, MC, MS
Vocational Economist
sims@simsandwhite.com
Flagstaff, AZ United States
Original Message:
Sent: 06-11-2024 15:48
From: John F. Berg
Subject: Impact of incarceration on access to professional employment
I have a "Wrongful Conviction" case with a 5+ year prison incarceration served before successful appeal. BS Degree + 6-years engineer experience; In a state prison so out of labor market until winning an appeal for conviction overturned.
Has anyone found reliable publications on the impact of return to work and or wage loss due to felony convictions? I am needing to address both lost wages during the prison sentence and what degree of difficulty in competitive interviews and "obtaining" professional work.
Thanks for your help!
John F. Berg, M.Ed, CRC, ABVE/D, IPEC
Vocational Consulting Inc.
Seattle, WA
206-852-6559