Op-Ed California's Prop. 47 revolution: Voters were sold a bill of goods

07/07/2017

By Marc Debbaudt (LA Times, Oct 26, 2015)

As crime rates rise, Californians are realizing that they were sold a bill of goods on Proposition 47, the 2014 ballot measure that converted some felonies to misdemeanors. The campaign spin was all about reducing the punishment for drug possession. But proponents played down its dramatic softening of penalties for many non-drug offenses. Under this law, more than 3,700 inmates have had their sentences reduced and been released from state prison. Drug addicts now often escape punishment for crimes they commonly commit to support their habits: shoplifting, writing bad checks and any thefts under $950 even of guns. And most semiautomatic pistols and revolvers are purchased new for less than $950. This leniency just facilitates continued addiction.

Before Proposition 47, when prosecutors evaluated the appropriate degree of punishment to seek for someone accused of drug possession or theft, they studied the person's criminal history. That history doesn't matter much anymore. Even someone who has been convicted and served time for a serious crime such as armed robbery, kidnapping, assault with a deadly weapon can no longer be sent back to prison if convicted of a new theft or drug offense, because these have been reclassified as misdemeanors.

Let's say someone snatches a purse from your hand without knocking you over or using much force. That's called "grand theft person." Before Proposition 47, it was a "wobbler:" a crime that could be classified as either a felony or a misdemeanor. To decide which to charge, prosecutors would study the defendant's record. If, for example, he had a prior robbery, the prosecutor would probably go for a felony conviction. But now, unless your purse cost more than $950, the theft can be only a misdemeanor, meaning state prison is not possible as a punishment and deterrent. Under Proposition 47, the criminal's prior robbery means nothing. His past simply doesn't matter. Reformers say everyone needs a second chance, but the tragedy is that public safety has suffered as crime rates have soared. Residents have become victims under the guise of reforming punishment only for so-called victimless drug offenses. In the city of Los Angeles, property crimes such as burglaries and motor vehicle thefts have risen 10.9% compared with the same period last year. Violent crime, such as aggravated assaults and robberies, has soared 20.6%. Mayor Eric Garcetti told The Times those increases may be linked to Proposition 47.



http://www.latimes.com/opinion/op-ed/la-oe-1026-debbaudt-prop-47-anti-20151026-story.html

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