One year after California voters passed Proposition 36, Los Angeles County Public Defender Ricardo Garcia has warned that the measure has failed to address the root causes of addiction and poverty, and has instead led to increased incarceration and racial inequities in the justice system.
During a hearing at Yolo County Superior Court, the defense argued for rehabilitation while the prosecution pushed for incarceration, highlighting the tension between punishment and recovery in the justice system.
Proposition 36, a voter-approved initiative aimed at increasing penalties for repeat theft and drug offenses, has been criticized for its lack of funding, disproportionate impact on racial and geographic disparities, and failure to provide treatment options, leading to increased incarceration and strain on local justice systems.
The jury is currently deliberating on a petty theft case involving $23.74 worth of merchandise, with the prosecution and defense presenting their closing arguments.
California is increasing penalties for retail theft, but lacks comprehensive data to determine if the changes are working, and the state is flying blind without it.
Los Angeles District Attorney Nathan Hochman is filing felony charges under Proposition 36, which will lead to a flood of low-level cases in the courts, jails, and prisons, disproportionately affecting Black, Brown, and unhoused residents, while Governor Gavin Newsom has refused to fund the enforcement of the measure.
Yolo County District Attorney Jeff Reisig has published an op-ed in Fox News, where he claims to have found clarity in his approach to crime and punishment, but in reality, he is advocating for a return to the same punitive, carceral logic that defined his early career.
Civil liberties in America are under threat due to the rise of surveillance creep, mass deportations, and mass incarceration, which may have been facilitated by Proposition 36, and individuals can push back by advocating for facial recognition bans and protecting their privacy.
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