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12 Drake L. Rev. 141 (1962-1963)
Civil Consequences of Conviction for a Felony

handle is hein.journals/drklr12 and id is 143 raw text is: CIVIL CONSEQUENCES OF CONVICTION FOR A FELONY Escheat is due to the lord of the fee on the death of the tenant without an heir, or upon his conviction of a felony.' In the case of treason the whole of the traitor's lands of whomsoever they were held, were forfeited to the Crown and the lord got nothing unless the Crown granted the escheated land away.2 The foregoing are examples of the drastic and severe treatment of felons and traitors by the Crown at common law; essentially they were deprived of their property and their rights as a citizen. Although less severe consequences follow today many of a citizen's rights and priviledges are affected by conviction of a felony, in Iowa or under Federal law. This article does not purport to discuss the obvious and direct effects such as incarceration or the imposition of fines and forfeitures by the State; but rather, the incidental losses to the felon and his resultant position in society. I. Rights as an Elector A common misconception held by society is that one who is convicted of a felony is deprived of his citizenship. Neither the Constitution of Iowa nor that of the United States contains any provision depriving any person convicted of a felony of his citizenship.3 The Constitution of Iowa does provide for the loss of certain of the rights and privileges of citizenship upon conviction of a felony.4 The right to vote is one of these.5 An early Iowa case stated that the right to vote is not a natural or inherent right, but exists only as conferred by the Constitution or by statute.6 Article II Section 5 of the Iowa Constitution provides: No idiot or insane person, or person convicted of any infamous crime shall be entitled to the privileges of an elector. Any crime that is punishable by imprisonment in the penitentiary is an infamous crime within the meaning of this section.7 It is apparently enough that the punishment resulting from conviction may be imprisonment in a penitentiary or reformatory, and it is immaterial, when the person is so convicted, whether the court imposes a penitentiary sentence, a jail sentence, or only a fine as a statute may authorize.8 Judicial construction has not limited the application of this section to conduct which constitutes an infamous crime under Iowa statutes, and in a recent Iowa case, it was held that one who was convicted of a Federal offense suffered the loss of his right to vote in Iowa as well.9 Even though the court which tries him suspends the sentence upon the good behaviour of the defendant, he is 1 PLUCKNETT, CONCISE HISTORY OF THE COMMON LAW 536 (5th ed. 1956). 2 Ibid. 3 1923-24 Op. ATTY. GEN. 325. 4 State ex tel. Dean v. Haubrich, 248 Iowa 978, 83 N.W.2d 451 (1957). 5 IowA. CONST., art. 2, § 5 (1857); Coggeshall v. City of Des Moines, 138 Iowa 730, 117 N.W. 309 (1908). 6 Coggeshall v. City of Des Moines, supra, note 5. 7Blodgett v. Clarke, 177 Iowa 575, 159 N.W. 243 (1916). 8 1940 Op. ATTY. GEN. 368. 9 State ex rel. Dean v. Haubrich, 248 Iowa 978, 83 N.W.2d 451 (1957); 1911-12 Op. ATTY. GEN. 823.

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