A New Perspective on Proposition 21 Before California Supreme Court

December 6, 2001 by Dorothy Ehrlich, KQED

    In early December, the California Supreme Court will wrestle with  the complicated issues raised by Proposition 21 – the controversial overhaul of the juvenile justice system voted into California law in March of 2000. Among the critical questions they will address is  whether Proposition 21 should stand.

          More than 40 experts and organizations – from the ACLU to religious groups to legal scholars, health professionals and teachers have filed briefs asking the court to strike down the law. Here’s why.

          First, Prop 21 strips the  courts of their constitutional authority.  Impartial judges can no longer decide whether a youth should be tried in adult court and sentenced to adult prison. Instead this critical decision is shifted to the District Attorney – who is meant to prosecute, not neutrally review both sides.

          Second, all the experts agree that funneling more kids through the adult criminal justice system is a mistake –because the adult system is designed to punish, not to rehabilitate, and that kids can and do succeed, if given a second chance.  Add to that that kids are three times more likely to be physically and emotionally abused in adult facilities. 

          Third, Proposition 21  violates the rights of California voters. As the League of Women Voters argues in its brief to the court, this complex measure did too much and reached too far. Ballot measures are supposed to avoid multiple topics, so that voters may vote “yes” or “no” on one issue at a time.   Proposition 21 rolled a long and unrelated wish list of issues into one ballot measure, violating what is aptly called the Single Subject Rule. 

          Proposition 21 is so gravely flawed that only the District Attorneys and one pro-prosecution group even  asked the court to uphold it.  If the court decides to strike it down, it will both help restore some integrity to the initiative process, while at the same time eliminate a serious injustice to the youth of California.  

          With a Perspective, I’m Dorothy Ehrlich.