Prop 36 Pt. 2

Remember that DoJ fact sheet on deterrence we read a while ago? Here’s a reminder of one of the research conclusions from over there: “Increasing the severity of punishment does little to deter crime.” So right off the bat, I will say that upping some forms of theft to felonies will likely do little to deter theft in CA. Shoplifting rose almost 40% in 2023 and is 30% higher than it was in 2019. The data is clear--rising crime rates since the pandemic is not a media creation for CA. This is a real problem that the government needs to address; I wonder if the method they used was a shortsighted response. Increasing the severity of a crime seems like it would help the problem, but, in reality, something like trying to increase police effectiveness in catching criminals would likely be just as (if not more) effective without charging offenders with felonies and making their reintegration into society even harder.

Prop 36’s drug policy seems more nuanced. Non-violent drug charges mean the defendant can either go to prison or treatment, which seems oriented towards the goal of rehabilitation rather than forms of deterrence proven to fail.

First, if that were true, then why make the third charge a felony? What does that accomplish? All it does is make the law seem “tough-on-crime” and that’s what passes (which is why it’s so important to learn about the justice system and spread awareness; hopefully we can eventually learn enough to understand that a provision like this does nothing but harm).Also, many problems extend from introducing mandatory treatment. How effective can treatment be for those who don’t want it? Offering this option to every person they charge (which will increase just because of this law) seems like it will cost more or will dilute the quality of treatment addicts receive. So mandated rehabilitation is already fighting an uphill battle and the funding issue makes it worse.

I could be proven wrong after we see the effects of Prop 36 in the next couple of years, but right now it seems like a huge step backward for California. I think there are better ways to address uncurbed theft and drug use and I hope spreading awareness about that can help produce better solutions in the future.