No-penalty shoplifting was a California reality until voters passed Proposition 36 in November. Opponents of the new law remain vocal as the results of its enforcement come into view. And of course, their opposition is based upon dreams of “proportionality” at the expense of order.
Previously, Democratic lawmakers’ realized “proportionality” was a law that charged shoplifters with no more than a misdemeanor provided the stolen items valued less than $950, and also charged open drug use, possession, and the like with a misdemeanor, if punished at all.
This system led, naturally, to streets and stores run rampant with theft and delirium. Observers on both sides of the issue, those sympathetic and those fed up, could see there was a huge problem but disagreed on just how untenable the situation was. Thus Proposition 36 came about, reclassifying much of the shoplifting and drug use to felony-level offenses.
Still, some, prominently Gov. Gavin Newsom (D-CA), oppose the law as expensive and ineffective. “Where are the treatment slots, where are the beds?” Newsom said. The idea is that incarceration money could go elsewhere and jail time is not a long-term deterrent.
His critique reveals two particular ironies. For one, the state’s failure to arrest people for the same crimes over the past 10 years has left such funding available for provisions of beds and treatment, but, as Californians know well, those in need have not availed themselves of such resources. Refusal to introduce criminals to actual justice, in the form of arrest and correction, only leaves them blind to the good things available for their use: Beds and treatment are not going to stick to a mind that is not compelled to avoid what is bad for itself and society. These are the same reasons that Newsom put forth an executive order in July cracking down on homeless encampments.
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Newsom also works against the Democratic Party’s desire to become the pro-family party in his opposition to Proposition 36. The fact of that matter is that public safety was at stake as long as California allowed dangerous crimes to stomp down social order. Criminals bent on stealing goods and being strung out deter families from living in urban areas and benefiting the economy.
Worse than their claims of working for the family, Democratic politicians claim to seek the dignity of criminals and the homeless. But this dignity is exactly what they deny by allowing homeless people to do drugs openly and shoplift without reproof. Its correction is better for everyone involved.