Proposition 47 Redefines Criminal Law in Los Angeles
Last year, Proposition 47 was approved with a margin of 60-40. All throughout California, human rights activists rejoiced. It seemed like a positive step in the right direction. Proposition 47 introduced less severe sentencing for all non-violent crimes, with the exception of offenders who have a prior record of murder, rape, sex offenses or certain gun crimes. Perhaps the biggest change was that many felonies were re-classified as misdemeanors that would carry a significantly decreased fine. Among these former felonies are personal drug use and stealing.
The goal of Proposition 47 was to enhance the fairness of the criminal justice system in California. However, many say that it didn’t go far enough to accomplish its goal.
A Bandage on the Wound of Crime
The goal of Proposition 47 was to help reform the justice system and alleviate unnecessary strain on the police, courts, criminal law attorneys and prisons. While there has been a significant decrease in narcotic arrests, this isn’t because less crime is being committed. It’s because the new proposition is much more lenient on these crimes. Some say that the new proposition even condones illegal behavior.
One example used to illustrate this point took place on a February 21st investigation of a rundown shack. The police found a glass pipe, which indicates some form of drug usage. Under the old laws, this would more than likely lead to the homeless man inhabiting the shack being arrested. With the proposition, he is left with a warning. What are the chances that he will stop doing drugs after that experience?
While decreasing arrests for non-violent crimes does reduce the pressure on the justice system, it doesn’t do much to put an end to the crimes themselves. Critics of the proposition say that the proposition is more of a bandage on a wound of crime that’s still bleeding profusely. Many criminal lawyers in Los Angeles agree.
The Proposition Needs to Go Further
Instead of neglecting non-violent crimes, or only treating them with small fines, the justice system should take a rehabilitative approach. Work closely with repeat offenders with the goal of ending their criminal behavior. Reclassifying non-violent crimes does help avoid punishing people too harshly, however, it still needs to focus on preventing crimes in the future. Criminals could be placed in a mandated, state run group counseling to help them rehabilitate from their criminal ways.
No legislation is perfect, and Proposition 47 is no different. Criminal law in Los Angeles has been forever changed, but has it been changed enough?
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