California Ushers In A New "Tough-On-Crime" Era

By Jonah Valdez, The Intercept

California voters chose harsher sentencing, the continuation of forced labor in prisons, and tough-on-crime prosecutors this week in overwhelming numbers.

Proposition 36, a bill that upgrades a raft of petty theft and drug crimes from misdemeanors to felonies, was approved by 70 percent of voters in the initial counts. It is designed to incarcerate thousands more people by reversing a ballot measure passed 10 years ago, Prop 47, which downgraded theft and drug crimes from felonies to misdemeanors in response to massive prison overcrowding.

On the same ballot, voters rejected a prison reform measure that would have made slave labor illegal in state prisons. Meanwhile, in Los Angeles County, reformist District Attorney George Gascón lost his reelection bid to a former federal prosecutor, who ran on a tough-on-crime campaign. And in Alameda County, voters decided to recall another reform-minded district attorney, Pamela Price, after two years on the job.

News outlets, experts and elected officials have been quick to frame the election day results on crime as a clear sign that California voters want to undo the criminal justice reforms of the past decade.

“The pendulum of public opinion has swung back,” wrote the San Francisco Chronicle. Dan Schnur, a former Republican strategist told the Los Angeles Times that voters are “notorious course correcters” who “are always adjusting their last decisions to try to make them a little bit better.” California Attorney General Rob Bonta told Politico that he was concerned about effects of mass incarceration from the bill, which he refused to publicly oppose, but said he wasn’t surprised about its passage. “Criminal justice swings back and forth, and four years ago was a huge time of interest in reform,” he said.