Why I’m Glad Prop 47 Passed
As a criminal defense lawyer, many people have asked me for my take on Prop 47. I believe that Prop 47 will be very beneficial to California, and I’m very happy to see that the measure passed in this election. Here’s why I’m glad Prop 47 passed.
Better Allocation of Resources
One of the greatest benefits that Prop 47 will bring to California is better allocation of the state’s budget and other resources. California’s prisons are absurdly overcrowded. So much so, that there have been multiple class-action suits in recent years, including Plata v. Brown which made it all the way to the Supreme Court, where the majority ruled that the state must reduce its prison population. In the majority response, Justice Anthony Kennedy wrote that for the last 11 years, California prisons have been operating at 200% capacity, with up to 200 prisoners living in gymnasiums, and as many as 54 prisoners sharing a single toilet.1 Prop 47 will dramatically help this problem. Huffington Post reports2 “As many as 10,000 people could be eligible for early release from state prisons, and it’s expected that courts will annually dispense around 40,000 fewer felony convictions.” The California Department of Corrections and Rehabilitation (CDCR) has an annual budget of $9.3 billion. It costs an average of $45,006 per year to house each inmate3. California stands to see dramatic savings in even a relatively modest decrease in its prison population. In addition to the state’s prisons, the court system will also be less congested. I predict that fewer people will be taking cases to trial because the charges will only be misdemeanors. Therefore, many people may be willing to plead guilty to a minor misdemeanor, as they won’t risk the exposure of a felony, will not likely feel forced to go to trial.Safer Communities
Many people who voted against Prop 47 have incorrectly assumed that the bill will allow violent criminals back onto our streets and into our communities. This assumption couldn’t be further from the truth. As outlined above, this measure will allow California to better allocate its resources to the criminal justice system. By freeing up courts and prisons, this proposition will allow our court system to more quickly and adequately serve appropriate punishments to violent offenders. The millions of dollars the state will save by releasing non-violent criminals will be largely reinvested into mental health and substance abuse treatments. According to California’s Legislative Analyst’s Office, 65% of the measure’s savings will go towards these purposes4. This will address the real issue behind California’s drug problem that the state has been ignoring.More Appropriate Treatment of Personal Drug Use
I feel strongly that personal, non-violent drug use should not be subject to time in prison. The criminal justice system is not set up to appropriately rehabilitate and treat inmates’ struggle with substance abuse. The millions of dollars the state will save by releasing non-violent criminals will be largely reinvested into mental health and substance abuse treatments. According to California’s Legislative Analyst’s Office, 65% of the measure’s savings will go towards these purposes4. This will address the real issue behind California’s drug problem that the state has been ignoring. In all, I am proud of my state and our willingness to bring about this important change to our prison systems. Together, we can improve the safety and well-being of our individual communities. Photo by Thomas Hawk / CC BY Sources: (1) “With Passage Of Proposition 47, California Takes Huge Step To End Prison Overcrowding, Overzealous Drug War Enforcement,” Inquisitir. November 6, 2014 (2)”California Voters Deal Blow to Prisons, Drug War,” Huffington Post. November 5, 2014. (3)”Prison Overcrowding: California,” American Legislative Exchange Council. (4)”Proposition 47—Criminal Sentences. Misdemeanor Penalties. Initiative Statute.” Legislative Analyst’s Office. November 4, 2014.
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.