Yes on Prop 1, 2, 3, 12. No on the rest, this includes NO ON 8 and NO ON 5.
Prop 8 is just legalizing hatred in my mind, Prop 5 I relied on my sister to give me her side of the story. And I have to say from her side, it would be a bit scary if it passed. Of course she is biased as she is an Assistant District Attorney, but I think she brings up some good points, mainly that if you do not like the way people are treated by the law, elect different Prosecutors, Judges and Sheriffs. The message she wrote to me is posted below, in case you happen upon this site and want to hear her side.
My sister's reply to me sending her a link from the Huffington Post
I can’t possibly give you the real-life argument in an e-mail or even in one conversation. I work with this stuff everyday, so I hope you will trust me and vote no.
I just scanned the link you sent me really quickly and one thing they are hanging their hat on (not surprisingly) is the presumption that “Prop 36” worked. Prop 36, passed a few years ago, mandates treatment for most all drug possession offenses (even though the law already provided for that! I love how propositions are put forth by people who have no clue how the system really works). Prop 36 has been an unequivocal, resounding failure statewide according to anyone who even half knows what they are talking about. DA’s, Judges, defense attorneys, probation officers, parole officers, and, most significantly, DRUG COUNSELLORS!!!
The public needs to realize, that defendants already had the right to treatment instead of incarceration for their 1st offense, and after Prop 36, they have a right to have treatment and cannot be sent to jail even if they have been caught many many times over and even if they have a terrible criminal record (pretty much everyone is eligible unless they have a recent “strike”). I have personally seen a huge recidivism rate from Prop 36 – it has been a complete joke that we are stuck with! Further, if you don’t trust your DA’s to use their discretion on top of the rights to treatment that defendant’s already have to recommend or plea bargain for treatment programs in appropriate cases, vote against your DA when the time comes. Don’t tie DA’s hands further with programs that don’t work. I make decisions everyday that involve ordering people into drug programs in lieu of jail time when appropriate.
You may want to also think about it from the flip side. Say you have a defendant who has a record of drugs, stealing, beating his wife, and other property/violent crimes. His criminality was supposedly due to his drug problem. He has gotten numerous chances on probation and was ordered to program after program, and has blown them all. He beats her up again or steals something big and ends up going to prison. He only serves ½ his time, which is how it works, and then gets out on parole. He is caught using drugs again – what should happen? Under Prop 36, we can’t do anything to him except order a program. Parole can’t do anything either because of Prop 36. Prop 5 is only going to make it worse, tie our hands worse, and give us less tools than we already have.
The public needs to realize that people already don’t really go to jail or prison anymore for drug possession. They are already ordered to treatment instead – as a right – even if they don’t deserve it. If they do somehow end up going to jail or prison, it is because they have blown at least 3-5 chances in Court or they have a terrible violent history that is recent. Do you really want to give them more rights and tie DA’s hands anymore than that? I knew I shouldn’t have gotten started – I am starting to get mad. But anyway, there are so many other reasons that I just can’t explain – not in talking points or sound bites.
People generally have to work really hard to get themselves into jail or prison – I can’t tell you the last time I had someone on a possession than went to jail or prison. Treatment is already more than an option – it is a right. Ironically – no one really thinks treatment works until the person is ready for it (as opposed to it being ordered). No on 5.
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