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Why is Prop 47 Bad?

Published in Criminal Justice Reform 3 mins read

Proposition 47 is widely criticized for contributing to an increase in property crime rates in California. While it achieved its primary goal of reducing the state's incarcerated population, this came at the cost of reclassifying certain serious offenses, which many argue emboldened criminals and led to a rise in theft and related crimes.

The Core Impact of Proposition 47

Passed by California voters in 2014, Proposition 47, officially known as "The Safe Neighborhoods and Schools Act," significantly altered the state's criminal justice landscape. Its main objective was to reduce the number of non-violent offenders in state prisons and jails by changing certain low-level drug and property crimes from felonies to misdemeanors.

Here's a breakdown of its key changes and perceived negative consequences:

  • Reclassification of Offenses: Prop 47 reclassified several drug- and theft-related felony offenses, such as shoplifting, grand theft, receiving stolen property, forgery, and writing bad checks, as misdemeanors. For these crimes, if the value of the stolen or forged property did not exceed \$950, they became misdemeanors, punishable by a maximum of six months in county jail or a fine, rather than potential state prison time.
  • Reduced Penalties: The shift from felony to misdemeanor status meant less severe penalties for these crimes. This often resulted in offenders receiving citations, minimal jail time, or no jail time at all, instead of the more substantial sentences associated with felony convictions.
  • Decreased Incarceration (Intended Goal): Prop 47 successfully achieved its goal of decreasing incarceration rates. The reduced penalties meant fewer people were sent to state prisons or remained in county jails for these specific offenses.
  • Increased Property Crime (Unintended Consequence): A significant criticism of Prop 47 is its direct link to a rise in property crime. Reports indicate that the reclassification and reduced penalties contributed to an increase in theft, shoplifting, and other property-related offenses across California. Critics argue that the lessened consequences made these crimes less risky for perpetrators, leading to a perceived lack of deterrence.

Understanding the Shift in Crime Classification

The table below illustrates the changes brought about by Proposition 47 for specific types of offenses and their broader impact:

Feature / Impact Before Prop 47 After Prop 47 (Post-Prop 47)
Certain Drug & Theft Offenses Felonies (for specific thresholds) Misdemeanors (if value < \$950)
Maximum Potential Sentence State Prison Time Max 6 months in county jail or a fine
Incarceration Rates Higher Decreased (Successful Goal)
Property Crime Rates Generally Lower (relative to post-Prop 47) Increased (Unintended Negative Consequence)

Practical Implications and Concerns

The negative impacts of Proposition 47, as cited by its critics, extend beyond mere statistics:

  • Retail Theft Epidemic: Many businesses, particularly large retailers, have reported significant losses due to organized retail theft, which they attribute in part to the reduced penalties under Prop 47. Thieves are reportedly more brazen, knowing that arrests for less than \$950 in stolen goods often lead to a citation or minimal repercussions.
  • Cycle of Offending: Critics argue that the lack of serious consequences for repeat property offenders under Prop 47 means that individuals are not sufficiently deterred, potentially leading to a continuous cycle of re-offending without effective intervention or rehabilitation.
  • Community Safety Concerns: While the focus was on non-violent crime, the increase in visible property crime, such as car break-ins and shoplifting, can erode public trust and a sense of safety within communities.

In essence, while Proposition 47 aimed to reform the justice system by focusing on rehabilitation over incarceration for less severe crimes, its execution has been widely criticized for inadvertently leading to a surge in property-related offenses, making it "bad" in the eyes of those concerned about public safety and crime rates.