The De-crminialization, De-carceration, and De-legitimization Decade

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“Tell me why are we so blind to see that the ones we hurt are you and me? – Coolio

The recent passage of Prop 36 is historic. Despite opposition from Gov. Newsom, the majority of the state legislature, and a host of criminal rights groups, it passed in every county and earned over 68 percent of the yes vote statewide. One would have to go back to Prop 13 in the 1970s to find a ballot initiative so thoroughly opposed by California’s political leadership yet overwhelmingly supported by the electorate.

The passage of Prop 47, Prop 57, the Racial Justice Act, and the progressive agenda of reducing so-called “mass incarceration” has meant that California was no longer prosecuting drug crime and a  host of racial inequity arguments that have redefined crime led to dangerous criminals being released.

The 2022 PRI report “Paradise Lost” details the problem.

Perhaps the Governor and legislature should have seen it coming.  Recently, Californians have twice defeated ballot propositions that would have ended cash bail.  In 2024, voters approved  Prop 36 and defeated Proposition 6, the so called “end slavery” in prison initiative.  This is despite the fact Prop 6  had no formal opposition.

All four initiatives enjoyed the support of much of California’s progressive leadership.

Data from California’s own Department of Justice shows that the voters are right and Sacramento has gotten criminal justice wrong.

In that time, crime has increased while arrests and clearances, incarceration rates, and the number of people on probation and parole has decreased.  Where there have been decreases in crime, it has been primarily through statistical sleight of hand and decriminalization.  Felonies became misdemeanors and misdemeanors became infractions and frustrated victims stopped calling 911.

Certainly, good police work is still occurring – but it is occurring less frequently as the consequences of the post George Floyd police delegitimization policies are still being felt.  Thousands of experienced peace officers, not just in California but nationwide, have retired and resigned from the profession to be replaced in smaller numbers by far less experienced officers.   We need look no farther than Oakland where defunding is still a reality.  The OPD has seen their numbers decline by 206 employees or 12 percent while other city departments increased by 13 percent.  Given Oakland’s well known crime problem, it is no surprise that voters recently recalled Oakland Mayor Sheng Thao and Alameda County recalled progressive DA Pamela Price.

Ten years ago in 2014, the year Prop 47 was passed, felony arrests/clearances stood at 389,337 statewide. Ten years later, by the end of 2023, they had dropped to 196,918 – a decline of 50 percent across all felonies.

In the case of rapes, in 2023 there were 13,723 reported, yet just 3,685 were solved.  That’s over 10,000 alleged unidentified rapists at large.  It’s not surprising as the rapist’s drug of choice, Rohypnol, which renders victims physically incapacitated with no memory of the crime leaves little for the police to go on unless there is an independent witness or a DNA match.  So widespread is the problem that as of last June, California’s bars and night clubs must provide rape drug testing kits along with posted warnings of the possibility that would be rapists may attempt to adulterate a victim’s drink.

A similar strategy has been employed in the fight against fatal drug overdoses.  Rather than hold drug dealers accountable, California has deployed millions of Narcan doses throughout the state, including schools.  To date there have been over 300,000 lifesaving Narcan administrations.  This is an impressive number until you consider that the addicts in most cases are left to go free to continue their suicidal habit.

With the passage of the Racial Justice Act in 2020, convicted gangsters can now appeal their sentences for real or perceived racial bias.  Under the RJA, they need not even prove intentional discrimination to bring a claim of racial bias.  Instead, defendants can now establish racial bias by relying on statistical data showing racial disparities in the charging, conviction, or sentencing of other defendants with whom they share the same race – whether or not the alleged bias was intentional or even present in their specific case.  Who benefits?  Every member of a criminal street gang all of which are organized by race.  Any prosecutor alleging a “gang sentencing enhancement” is certain to encounter an RJA challenge to their case.

Maybe the blinders are off and Coolio’s words will speak with the resonance in 2025 – but be careful when you are celebrating New Years and heed the signs.  The gangsters are still out there.

Steve Smith is a senior fellow in urban studies at the Pacific Research Institute.

Nothing contained in this blog is to be construed as necessarily reflecting the views of the Pacific Research Institute or as an attempt to thwart or aid the passage of any legislation.

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