By Katie Priest, Nov. 12, 2024
Californians failed prisoners and each other last week by failing Proposition 6 and passing Proposition 36.
The failure of Proposition 6 continues the practice of using involuntary labor as punishment for prisoners, more aptly called slavery. Proposition 36 brought back three-strike laws. These are laws that would lead a third offense to harsher prison sentences, often 25 years to life.
Both will harm marginalized populations.
When slavery was outlawed in the United States after the Civil War in the 13th amendment, all forms of slavery were prohibited, except for the use of slavery as punishment. If Proposition 6 passed, California would no longer allow the practice . This all comes in addition to the reelection of Donald Trump. In the subsequent days since that announcement, California Governor Gavin Newsome announced a commitment to combat some of the policies that could be coming down the pipe.
This still raises concerns because when left up to the citizens, California can’t stop slavery. How can we expect California to fight back from the policies laid out by Trump that will ultimately harm marginalized people further.
Ultimately, no argument against Proposition 6 was submitted, according to the California Voter Information Guide. It failed with 55% of Californians voting to keep slavery.
In addition to keeping slavery alive in California, another proposition made it easier for Californians to be put in prison.
Proposition 36 was placed on the ballot by petition signatures from fellow Californians. The proposition listed in the California Voter Information Guide “allows felony charges for possessing certain drugs and for thefts under $950, if defendant has two prior drug or theft convictions.” This is a three-strike law.
Three-strike laws have been on the ballot for Californians since the ‘90s. In 1994, Californians passed Assembly Bill 971, aka “Three Strikes And You’re Out.” After someone accrues two serious felonies, any felony would put them in prison for 25 years to life. This law also limited ways for citizens to reduce time off their sentences and eliminated the ability to serve these felonies through jail or probation time.
In 2011, just a few years short of this law being in place for 20 years, the U.S. Supreme Court deemed California’s prison population unconstitutional and the living conditions within the prison cruel and unusual. Ultimately, the Supreme Court required California cut its prison population by 33,000 people within two years.
A proposition named Proposition 47 came along just three years later to help decrease the rising prison numbers. Proposition 47 specifically aimed to decriminalize drug possession charges, which passed overwhelmingly and lowered many drug possessions from felonies to misdemeanors. Proposition 36 undid all of that in one day.
Proposition 36 was marketed to curb drug addiction and incentivize people to seek out treatment in the face of a possible harsh punishment. According to CalMatters, the proposition allowed for a “treatment-mandated felony” for people who don’t contest the charges. But if they don’t complete mandatory treatment, they could still face up to three years in prison.
Together, these propositions bring back California’s tough on crime days. The combination of these two laws not only will put more people in prison, but force people into slavery.
Laws like this will disproportionately affect Black Americans. In addition to the already tainted history in the U.S. profiting off the enslavement of Black Americans. In the US Black Americans make up 14% of the total population but 42% of the prison population. In California, the racial disparity in prisons is stark. California is one of seven states with a 9 to 1 ratio of Black to white prisoners.
“I was disappointed to see that my other voters this year didn’t really see eye to eye,” said Melanie Sandoval, a chemistry graduate student who was a treasurer for Cal Poly Pomona’s Young Democratic Socialists of America chapter and has worked on multiple events with the group, including protesting Lockheed Martin and practicing a strike with the California Faculty Association.
“But I shouldn’t be surprised, though. I think for Proposition 6, a lot of people will view anybody incarcerated automatically as ‘They’re evil, they’re an offender, and we need to get them out of society.’”
Even though some of us might not ever be convicted of a crime or become prisoners, it does not mean we should leave them behind. We are a community of people intersecting across identities and lifetimes.
When voting, we cannot strip people of their humanity based on their actions. The propositions that passed this election cycle will keep slavery alive and will ultimately put more people in prison.
These propositions could possibly bring us back to unconstitutional levels in our prison populations. Empathy is our greatest weapon. Yet, when it came time to using it, we took it for granted.
In the future, I implore Californians to vote with empathy and understanding of people and positions outside of their own. As for now, there are two years left until the 2026 midterm elections. This is an opportunity for both the California Legislature and us as Californians, who are upset and frustrated by these laws, to collect signatures and reverse Propositions 6 and 36.
Feature image by Katie Priest