Pubdate: Fri, 26 Sep 2008
Source: Los Angeles Times (CA)
Copyright: 2008 Los Angeles Times
Contact: http://drugsense.org/url/bc7El3Yo
Website: http://www.latimes.com/news/printedition/front/
Details: http://www.mapinc.org/media/248
Note: From MAP: The three editorials, below, are printed together in 
the newspaper.
Cited: Proposition 5 http://www.prop5yes.com
Cited: Proposition 36 http://www.prop36.org
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Bookmark: http://www.mapinc.org/prop36.htm (Proposition 36)
Bookmark: http://www.mapinc.org/rehab.htm (Treatment)
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)
Bookmark: http://www.mapinc.org/find?247 (Crime Policy - United States)

NO ON PROPOSITION 5

Proposition 5 Means Well, but the Measure Aimed at Rehabilitating 
Addicts Would Create Chaos.

Proposition 5 follows in the tradition of California ballot measures 
lined with good intentions and stuffed with disaster. It lures voters 
with a comforting mirage: a revamped and rational policy for treating 
drug addiction as an illness and confronting it through 
rehabilitation instead of punishment. But that's not what it would 
deliver. If it passes, Californians would soon learn that they had 
swept away the state's few successful diversion programs, inflicted 
chaos on the parole system, layered on a staggering new bureaucracy 
and set back the cause of modernizing drug treatment.

On the surface, the Nonviolent Offender Rehabilitation Act seems to 
be the logical next step after Proposition 36, a measure Californians 
passed in 2000 that mandates treatment instead of prison for most 
people convicted of drug possession. But this step isn't so logical. 
Under Proposition 5, an addict caught breaking into a home would be 
exempt from incarceration if his reason was to feed his addiction and 
if he agreed to treatment. Judges would likewise be unable to jail 
someone who stole a car, abused a spouse, drove under the influence 
(and injured someone), possessed an illegal weapon or committed a 
host of other crimes -- as long as the perpetrator swore that drugs 
made him do it. Even dealers profiting from others' addictions would 
be offered diversion. Addicts would get repeated chances at rehab 
instead of incarceration, no matter how seriously they tried -- or 
didn't -- to kick their habit.

There are two huge problems with that approach. First, it would 
jeopardize public safety. Second, it doesn't work. Treatment 
professionals know that addicts need a "moment of clarity" -- a point 
at which they hit bottom, or close enough to it that they can soberly 
acknowledge the state they are in and the need for change. Often, 
that moment comes after the addict skips rehab or fails a drug test 
and is facing a weekend behind bars.

Not all rehab programs are equal. For hard-core addicts, involuntary 
programs -- to which they are often sentenced by drug court -- are 
considerably more effective than voluntary ones.

One of the biggest problems with Proposition 5 is that it would 
repeatedly cycle addicts through ineffective voluntary programs, 
which impose few consequences for failure. They're only sent to 
involuntary treatment (under which they go to jail if they fail a 
drug test or don't show up) as a last resort, after they've committed 
a series of crimes. This would cripple the most successful programs 
in the state.

This isn't the way forward. Voters should reject Proposition 5 and 
demand that the state's criminal justice system finally get the 
serious examination it requires -- in Sacramento, where flaws can be 
worked out, rather than cemented in a well-meaning but ill-considered 
ballot measure.

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NO ON PROPOSITION 6

With the State Scrambling for Funds, Proposition 6 Would Add $1 
Billion in Confused Anti-Crime Spending.

California just cut, borrowed and wished its way out of a 
$15.2-billion budget shortfall, but it still must find $8 billion to 
bring its severely overcrowded prisons up to constitutional standard. 
The state got into this fix by blindly adopting programs that swallow 
huge chunks of the budget but add no new money. Voters make it worse 
by passing tough-on-crime laws that fill up the prisons -- or would, 
if the prisons weren't already bursting.

This is the moment to come to our senses. The folly of automated 
spending increases is finally apparent. Federal judges are overseeing 
the prisons. Violent crime is dropping. The state has the opportunity 
to do a sweeping revamp both of the criminal justice system and the 
fatally flawed robo-budget.

Yet here comes Proposition 6, like a confused beast escaped from some 
other decade. Simply clueless about where California is in 2008, this 
supposed anti-gang measure would add new spending mandates -- nearly 
$1 billion to start -- and would bring the state closer to insolvency 
with automatic annual increases pegged to inflation. Of course, it 
would not raise taxes to supply the money, which would have to come 
from cuts in other programs, most likely the social service 
investments that help keep California's youth out of gangs in the first place.

It would impose new spending mandates on counties but block them from 
using certain funds for drug or mental-health treatment. It would 
mandate new jail and prison construction, as if California weren't 
already being forced by federal courts to ease inmate crowding. It 
would compel courts to treat more juvenile offenders as adults.

In addition to being a budget buster, Proposition 6 is a bureaucracy 
builder, creating a new state office to distribute public-service 
announcements about crime.

Voters can learn a valuable lesson from a 2006 anti-sex-offender 
measure that was so flawed it made hundreds of offenders homeless and 
more likely to re-offend. That initiative also failed to mention who 
would pay for its mandate to track ex-cons for life by satellite, so 
that answer has been wedged into Proposition 6, which in turn creates 
more problems that likely will require more ballot measures -- unless 
we stop this foolhardy ballot-box policing now.

The Times urges a no vote on Proposition 6.

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NO ON PROPOSITION 9

Prop. 9 Constitutionally Upends the Criminal Justice System by 
Involving Victims' Families in Prosecutions.

The Times recommends a straightforward approach to the measures on 
this November's ballot that tinker with California's criminal justice 
system: No, no and no.

Add Proposition 9 to the terrible troika that includes propositions 5 
and 6 discussed above. It in part duplicates a "victims' bill of 
rights" measure that Californians adopted at the ballot box 26 years 
ago, but it would move many of its provisions from the statute books 
into the state Constitution. In addition, new rights would be 
recognized for family members of crime victims, most often in parole 
hearings, where families would be able to appoint someone to speak 
for them. The frequency of hearings would be reduced.

The measure contains some good ways to make life more bearable for 
the loved ones of crime victims. For example, it requires police 
officers who respond to crime scenes to give cards to grieving family 
members that clue them in on what to do -- where to seek help, what 
happens next in the criminal justice process, what rights they have 
in court. The problem is that this provision, as well as several less 
beneficial ones in Proposition 9, would be engraved in the state 
Constitution, subject to change only by a three-quarters vote of the 
Legislature or another ballot measure. That makes it extraordinarily 
difficult to correct errors or update the law.

Officers in Orange County already pass out cards to victims' 
families, and a better approach would be for lawmakers to insist that 
police across the state do the same.

Other provisions may appear similarly humane but actually upend the 
criminal justice system in a naive attempt to "even the playing 
field" between defendants and victims' families. The American legal 
system intentionally and properly distances families from 
prosecutions; the goal is evenhanded justice. The level of punishment 
a criminal receives should not depend on how persistent a particular 
family is in pleading for punishment or blocking parole. Civilized 
justice rejects vendetta and instead places retribution in the hands 
of the entire society. It may seem depersonalizing, but that's a 
goal, not a defect, of our system.

If the concern is protection of families from further victimization, 
as proponents claim, that goal can be met without granting families a 
new and inappropriate role in prosecutions. The Times urges a no vote 
on Proposition 9. 
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MAP posted-by: Richard Lake