Prop 57 Offers Hope, Opportunity to CA Youth

What inspired you to write Prop 57?
Guzman: My brother was prosecuted as an adult when I was five
years old. It changed my life’s trajectory. I grew up to commit a crime that
could have easily put me in the same situation. Prop. 57 deals with correcting
a major flaw in the justice system. Prosecuting kids as adults is the greatest
harm done to young people by the state of California.
Galvis: For me this was deeply personal. As a young person I
was incarcerated, and charged with multiple felonies. I could be doing 15 years
to life right now, but I received a number of breaks that allowed me to
transform my life and give back to my community. But unfortunately, there are
not enough alternatives to incarceration … [California] is number one in prison
spending and second to last in education. This has got to change. We want young
people to be leaders, not end up in prison.
Opponents call Prop. 57 a “soft on crime”
bill. What is your response to that?
Guzman: There is nothing “soft” about giving judges the discretion to make
decisions. It is fair. Prosecutors have a problem with losing their power,
which is why they are so opposed to this bill. Too much power in the hands of
prosecutors is not a good thing. Additionally, prosecutors generally do not
have any insight when it comes to rehabilitation. If judges have discretion,
sentencing would look a lot different because they are not solely focused on
convictions like prosecutors are.
Galvis: It is typical of the opposition to deem a progressive
reform bill as “soft on crime.” This is a ‘smart on crime’ bill. It is also
common sense, especially since juveniles belong in juvenile court and we should
have never allowed them to be direct filed into the adult court system. There
has to be investment and opportunities plus fundamental change in order to
address the state of mass incarceration we are in.
There is evidence that younger voters support
the bill. Why do you think that is?
Guzman: I think young people understand what is at stake.
Every year, we have around 1,000 kids who are prosecuted as adults; most of
them are black and brown kids. Prop. 57 would help correct this injustice.
Galvis: Young people understand injustice. They want to see change just
like we do. We need to stop the shackling of young people. It should be change,
not chains. Schools, not prisons.
Do you think Prop. 57 will help to reverse
the ‘super predator’ mentality that continues to surround youth in this state?
Guzman: There is no such thing as “super predators.” Over the past 15
years, Prop. 21 [which passed in 2000 and allows youth to be tried in adult
courts] has caused the destruction of young lives, families, and communities
throughout the state. We need to stop being so draconian and instead embrace
hope and opportunity. Kids have a lot of challenges. Many have a serious
history of trauma, and have grown in turmoil. It is unjust for the state to
prosecute them and punish them so severely. I don’t want young people to think
we do not care for them. We do, and we need to start emphasizing self-healing
and compassion.
Galvis: People who supported Prop. 21 and called young people
“super predators” have come to terms with their error and are now acknowledging
they were wrong. In the last few years, there has been a political shift. Many
young people and adult allies have put a lot of effort into building a movement
for social change. We are not thinking about November, we are thinking about
past November. This is about liberating the dreams of young people and ensuring
they are no longer persecuted. We’ve been in a very dark place. It’s time to
move past that.
More on Prop. 57
Prop. 57 promises to reverse years of ‘tough on crime’ policies that disproportionately impact young people and communities of color. There are currently some 127,000 prisoners, including 20,000 convicted for drug and property crimes, who could benefit from the law’s passage.
Prop. 57 is supported by Gov. Jerry Brown and the California Statewide Law Enforcement Association. If passed, it would:
- Allow non-violent felons who have completed their base sentence to be eligible for parole.
- Provide credit for good behavior to non-violent felons.
- Give judges discretion in determining whether to try juveniles in adult court.
Artwork by Claudia Gonzalez
Related Media:
Why Does Incarceration = Dehumanization?
A Letter to Young Folks About Voting This November
The 'Torment of Isolation' – Ending Solitary Confinement for Juvelines
Comments
My son has been sentence to 6yrs in prison for being in the presence of a gun. The system claims this harsh sentence was due to a previous strike. My 23yrs son was moved to a prison where he was placed in common area with level 3's and 4's and was beat within minutes of his life. Where is the justice in that? The prisons are aware of this behavior, because it has happen before and still they have the right to continue to do it. The judge in this case misused her authority and placed her personal feelings about my son in her sentencing. I want someone to hear my cry for help an hear my son's story.
I am so happy that Proposition 57 passed. I have a son who is currently being trialed as direct file adult. Him and two other youth were convinced to plea guilty this past September. He was 16 when he and the two other youth were convicted of 3 felonies, for escaping from a group home, taking the facility van and threatening the facility supervisor with the kitchen knife to hand over the keys. 2 felonies were removed, leaving him with one for theft with a weapon enhancement. Since he was tried as an adult, I basically had no saying as a parent and next think I know he pleads guilty. He is waiting for his sentence this coming Friday Nov 18th. Is there a way to appeal the direct file decision since his case has not yet been closed? Any feedback or referrals will be greatly appreciated.
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