DCSIMG
 
Home > News > Press Releases > ACLU Challenges Proposition 21 - Juvenile Justice Initiative

PRESS CONTACT
REBECCA FARMER
39 DRUMM STREET
SAN FRANCISCO
CA 94111
415.621.2493
Email

ACLU Challenges Proposition 21 - Juvenile Justice Initiative

Lawsuit Filed in San Francisco Superior Court

For Immediate Release: June 7, 2000

Share This!Share this on FacebookShare this on TwitterForward this to a friend
The ACLU of Northern California filed a lawsuit on June 7th in San Francisco Superior Court challenging the constitutionality of Proposition 21 - the Juvenile Crime Initiative. The ACLU, along with the League of Women Voters of California, Children's Advocacy Institute, Coleman Advocates for Children and Youth, and Peter Bull, argue that the proposition "violates a core provision of the California Constitution designed to ensure the integrity of the electoral process: its requirement that each initiative embrace only a single subject."

"Instead of embracing one issue, Proposition 21 - the largest crime-related initiative in California history - makes far-reaching changes in several unrelated areas, ranging from the juvenile justice system to adult criminal gang activity to Three Strikes sentencing laws that do not relate to either juveniles or gangs," said Robert Kim, attorney with the ACLU.

The lawsuit also alleges that Proposition 21 deceived the electorate by inserting issues unrelated to juvenile crime. "The backers of this ballot measure quietly tucked in provisions amending prior voter-approved initiatives that had nothing to do with the issues that voters were led to believe they were deciding on March 7th," said Steven Mayer, a partner with San Francisco's Howard, Rice, Nemerovski, Canady, Falk & Rabkin and co-counsel with the ACLU.

The lawsuit also alleges that Proposition 21 violates the California Elections Code by containing text different than the initiative circulated by petition to voters to qualify the measure for the ballot.

Proposition 21 was passed by voters on March 7, 2000. The law requires children as young as 14 to be tried in adult courts when accused of murder and other serious crimes. It also transfers authority from the court system to prosecutors, enacts stricter probation rules, creates dozens of new offenses relating to gang activity, toughens sentencing laws, adds to the list of death-penalty-eligible crimes for adults, and overhauls the juvenile court system.

The California Supreme Court declined to hear an earlier challenge to the constitutionality of Proposition 21. The challenge was filed on April 20 and the court issued its ruling on May 10. In today's lawsuit, Gray Davis, the Governor of the State of California; Bill Lockyer, Attorney General of the State of California; and Terence Hallinan, District Attorney of the City and County of San Francisco are named as defendants.




Fall 2011

Download the Fall 2011 ACLU of Northern California Newsletter and read about our latest events and initiatives.
 
Full Newsletter...
Oakland Post
Read former ACLU-NC Executive Director Maya Harris’ column in The Post newspaper, an African-American weekly distributed throughout the San Francisco Bay Area.
Read More »

Life under surveillance pre-World War I to post-9/11. The famous and unsung tell their stories.

Tracked in America is an online documentary.
Visit the site »