In spite of the fact I am currently without home, I am deeply connected to the politics of California. When I first came to study in the US, it was in California. When I first came to live in the States, it was in California. Over the past 3 years, I’ve lived in California again. As I travel the States currently, it is with a California drivers license.
More than any of these factors though, California is important because it is a bellwether state. When policy–progressive or otherwise–is enacted in the Golden State, it is often followed by similar policy in other states. Three Strikes Laws are a prime example. One of the first to pass Three Strikes into state law (in 1994), California was also the first to offer voters the chance to repeal many aspects of the overly-punitive sentencing. Which they did in 2012 with Prop 36.
PROPS 62 AND 66
The main issue on this years ballot is the death penalty. There are two ballots that are philosophically and procedurally opposed to one another.
Prop 62 will outlaw the death penalty. Vote YES.
Prop 66 will throw money at the broken system by speeding up the legal process, which might bring about some successful appeals but will more likely send men and women to the chamber at unprecedented rates. Vote NO.
749 people are currently on death row in California. The liberally-minded state is reluctant to execute people and this has resulted in those sentenced to death to swell the cell tiers of inadequate facilities and to be held in a permanent stasis. Of the 13 people executed since 1979, the average stay was more than 17 years on death row. I would assume that the average stay of those currently on death row is slightly less than that. (For a brief history of the death penalty in California, I recommend Judge Arthur L. Alarcon’s Remedies For California’s Death Row Deadlock.)
The choice is clear. The state should not be involved in killing citizens. Vote YES on 62. This is a position held by the widow of a police officer whose murderer is the last person in the state to be sentenced to death.
At this juncture, I’d like to point out the bind in which Californian activists and prisoners find themselves over Prop 62.
If the death penalty is repealed, all those on death row will have their sentences changed to Life Without Parole (LWOP). Among activists, LWOP is referred to as Death By Incarceration. This statement, from California Coalition for Women Prisoners, made by women currently serving LWOP sentences is the most nuanced position I’ve encountered on the 2016 ballot initiatives. I quote at length:
We believe LWOP is racist, classist and ableist, condemns many innocent people to a slow living death, and neither deters violence nor promotes rehabilitation. The majority of people serving LWOP in California’s women’s prisons are survivors of abuse and were sentenced to LWOP as aiders and abettors of their abuser’s acts. We believe that LWOP relies on the intersections of racial terror and gendered violence.
For voters who oppose all forms of death sentences including LWOP, the choice between an initiative that replaces one form of death with another (Prop 62) and an initiative that speeds up executions (Prop 66) is hardly a choice at all. It is morally compromising to vote for Prop 62, which further criminalizes and demonizes our loved ones and creates a false hierarchy between forms of state-sanctioned death. However, we recognize that a decision to vote against Prop 62 is complicated by fear that Prop 66 will win. Ending the death penalty in California could be a powerful symbol for the rest of the country and represent a growing awareness of the injustices and inhumanity of incarceration and the criminal legal system as a whole. Every person who votes will need to make a difficult decision about two very problematic propositions.
We believe that both the death penalty and LWOP should be recognized as unjust and eliminated. One of our LWOP partners in prison, Amber states: “To reassure people that LWOP is a better alternative to death is misleading.” Rather than facing executions, people with LWOP will die a slow death in prison while experiencing institutional discrimination. People with LWOP cannot participate in rehabilitative programs, cannot work jobs that pay more than 8 cents an hour, and will never be reviewed by the parole board. We agree with the Vision for Black Lives policy goal to abolish the death penalty and we believe that true abolition of the death penalty includes abolishing LWOP and all sentencing that deprive people of hope.
When the death penalty was temporarily banned from 1972 to 1976 by a U.S. Supreme Court ruling all people then on death row had their sentences overturned or converted to life [with possibility of parole]. Many of these people successfully paroled and are now contributing to their communities.
That said, Prop 62 doesn’t discount the possibility of future political action against LWOP and its ultimate repeal. And I hope that happens. Therefore, I still say Vote YES on 62
Also on the ballot is a measure, Prop 57 to reduce sentencing for non-violent crimes, put more discretion in the hands of judges for sentencing, and limit the trying of juveniles as adults. No brainer: Vote YES.