Opinion | Prop 36 is a step backwards

Illustration by Yana Samoylova, Illustrator

I am not a registered voter in California. I am from West Virginia and have already submitted my mail-in ballot for the November general election. Since my voice cannot be heard in this community through my actions, then I want to make it heard through my words. Please, vote no on California Proposition 36.

In 2014, California voters decided to end the war on drugs in the state as well as curb the overcrowding of prisons. Proposition 47 turned some non-violent theft and drug crimes to misdemeanors. Simple drug possession and shoplifting of merchandise under $950 didn’t land people in jail, and ultimately the prison populations dropped by around 30%. Now, there are interest groups who want to repeal what has been in place for a decade.

On its face, Prop 36 seems positive. Those in favor say that it would reduce crime and get people off the streets. It would create a new crime category called a treatment-mandated felony, where those prosecuted for drug use can avoid prison and go into rehab. I have a problem with that solution.

You aren’t helping people by giving them the “choice” of going to prison or state-mandated rehab. According to psychiatric researchers Nathaniel Morris and Robert Kleinman, there is no current scientific evidence that suggests involuntary commitment to rehabilitation is efficient or successful in helping curb addiction. Given this, it is likely that many people who are charged for a drug related felony will still end up in prison, even if they attend the forced rehabilitation.

Prop 36 will not curb homelessness or make our communities safer, despite what its supporters so desperately want you to believe.

People do not commit crimes because they are afraid of the severity of punishment. The National Institute of Justice says that “the certainty of being caught” is what actually deters people from committing crimes, not what would happen if you are caught.

When it comes to theft, people often steal out of necessity. According to attorney James Dicks, “people are driven to desperation by their economic condition.” When we discuss theft, an image usually comes to mind of a person holding up a store owner at gunpoint or looting items in a shop. A lot of the time, it's just people shoplifting food or medical supplies they can’t pay for. This proposition is aimed to target poor communities.

Turning petty theft into a felony, rather than a misdemeanor, only serves to shove more people into prisons like sardines rather than getting to the root of the issue. The same goes for reducing homelessness. By criminalizing drug use, you only hurt underserved communities. It has been shown that drug use is more commonly a result of homelessness, rather than the other way around.

Gary Nelson, a former detective and substance abuse counselor, wrote in an article for Arizona Central, “people are not homeless because they are criminals or addicts, but for a variety of reasons that are often beyond their control. The primary issue is their lack of housing, not substance abuse.”

We would be better off as a society if we worked on finding housing and jobs for unhoused people. That would realistically kill two invasive species of birds with one very heavy and effective stone, right? We would have less people on the streets and less people doing drugs, all while improving the rate of jobs and affordable housing and raising the status of both the lower and middle classes. So, actually, we could kill many birds with that stone.

None of that matters to the proponents of Prop 36. That is because this is a distraction, and it will only let the government off the hook. These types of propositions are used to stir up the electorate and make them feel like the biggest issues are being solved. It will make them feel safer. It will make them feel like they are helping people. But that will not actually be true. The crime rate will stay consistent, and so will the rate of drug use and homelessness, but we will have more people in our prisons.

Whoopty-damn-doo, good for us.

Vote no on Prop 36 if you don’t want to criminalize homelessness and poorness, and if you want the government to actually find solutions to our problems.

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