Californians' crime concerns put pressure on criminal justice reform and progressive DAs

LOS ANGELES (AP) — Ten years ago, Alley Bean joined 3.7 million Californians in voting for a measure that downgraded many nonviolent felony crimes to misdemeanors, such as petty shoplifting and drug use, hoping it would lead to a more equitable criminal justice system and help end mass incarceration.

Since then she has seen an increase in crime in her beloved Venice neighborhood of Los Angeles, with some homes robbed in broad daylight. Meanwhile the sidewalks are occupied by tents of homeless people and dotted with people passed out from drugs. The opioid crisis touched her personally when she lost her 25-year-old granddaughter Zelly Rose to a fentanyl poisoning.

“I thought there was going to be rehabilitation” with criminal justice reform, said Bean, a lifelong Democrat. “I didn’t think there was going to be no consequences."

A decade after Proposition 47 passed, Bean's grievances are increasingly shared by Californians, with smash-and-grab store thefts captured on videos that go viral feeding a sense that the state has become lawless. And more and more, voters are pinning the blame for that on efforts to advance criminal justice reform, Proposition 47 and progressive district attorneys.

The issue has resulted in some tight races this year up and down the solidly blue state for Democratic and progressive members of Congress, mayors and district attorneys who are up for reelection. And a new statewide measure on the ballot, Proposition 36, would partly roll back the 2014 law.

The criminal justice reform, critics say, has been a failed social experiment.

Two years after San Francisco voters ousted one of the first reform-minded prosecutors elected to office, voters across the bay in Oakland will decide in November whether to recall another progressive district attorney.

To the south in Los Angeles, District Attorney George Gascón, who co-authored Proposition 47 and won in election 2020 after protests and racial reckoning following the police killing of George Floyd, faces stiff competition from a former federal prosecutor who calls himself a “hard middle” candidate.

“Mr. Gascón has been one of the greatest gifts for gangs,” Nathan Hochman said at their recent debate, lambasting him for not pursuing a gang sentencing enhancement in the high-profile killing of “General Hospital” actor Johnny Wactor.

Gascón defends his record, saying the use of gang enhancements is historically tinged with racial bias and a special committee makes decisions on them on a case-by-case basis. His office says it prosecuted over 100,000 “serious crimes” in the last four years, a rate comparable to the previous decade.

Gascón also has come under scrutiny for his office's policy of not trying juveniles as adults, with critics pointing to cases of recidivism.

They include a man who at age 16 took part in a 2018 gas station robbery and was later released from a youth detention facility, only to be arrested and charged this April in connection with a homicide. Another, a 17-year-old gang member in 2019 who admitted to a double homicide and could have faced life in prison, was released last February and arrested months later in connection with a new killing.

Hochman, a former Republican running as an independent, has raised nearly $4 million for his campaign, compared with $678,000 for Gascón.

Frustration over retail theft has pushed Gov. Gavin Newsom to champion a slate of bills cracking down on serial offenders and auto thieves, but stopping short of making retail crimes felonies again.

Proposition 36 goes further: It would make theft of any amount a felony if a person already has two theft convictions, lengthen some theft and drug felony sentences, make fentanyl possession a felony and require people with multiple drug charges to complete treatment or else serve time.

Voters rejected a similar initiative in 2020, but this time around there is a bipartisan coalition backing Proposition 36. Over 180 Democratic elected officials, including 64 mayors, signed onto a campaign supporting the initiative last month.

The measure also is endorsed by the California Chamber of Commerce and major retailers such as Walmart, Target and Home Depot. A recent poll by the Public Policy Institute of California found 71% of likely voters said they would vote yes.

“It’s hard for businesses and communities who are really on the front line of it,” said Jennifer Barrera, president of the California Chamber of Commerce. “I think that it will likely increase incarceration ... but I do also hope and expect that it certainly will have an impact on reducing crime.”

Opponents of Prop 36, who include Newsom and Democratic legislative leaders, say it would take the state back to the policies of prosecuting a failed war on drugs and locking up tens of thousands of people, mostly Black and Hispanic, in overcrowded prisons.

The measure could increase California's 90,000-strong prison population by a few thousand and would cost tens of millions of dollars annually at both the state and county level, according to a Legislative Analyst’s Office report.

It also would reduce drug and mental health funding that comes from savings from incarcerating fewer people.

Twenty-two counties with no treatment beds would shoulder the financial burden under the measure, Newsom said. California is already thousands of beds short of being able to meet current demand.

“I know people are frustrated. I know people are angry. I am too,” the governor said at a recent news conference. “But this is not the way of solving it.”

There is insufficient data quantifying retail crime in California, but many point to major store closures and everyday products like toothpaste being locked behind plexiglass as evidence of a crisis.

A recent report from the Public Policy Institute of California found a 16% increase in commercial burglaries between 2019 and 2022. However, the research showed reduced enforcement for property and drug offenses during the COVID-19 pandemic had a much greater impact on crime than Proposition 47, and it also found no evidence that changes in drug arrests led to any increase in crime.

Salil Dudani, a senior attorney with the legal nonprofit Civil Rights Corp, said making misdemeanors felonies again will lead to more pre-trial jailing and in turn increase crime.

“It’s so destabilizing to a person’s life to pluck them out of their community … that they become more likely to commit crime,” Dudani said. “It undermines public safety to lock people up on low-level offenses, exactly like Prop 36 provides.”

That assertion is borne out by a 2017 Stanford Law Review study focusing on misdemeanors in Texas’ Harris County, which found that people jailed for even just a week were 32% more likely to commit a felony within 18 months.

But many business owners say the current situation is unsustainable.

Aaron Cardoza, who owns Mobil Fits, used to run an affordable clothing shop in a historically Black neighborhood of Del Paso Heights in Sacramento. He closed it down and switched to online sales out of a van after the store was broken into six times in two months.

“I lost a lot, a lot of merchandise,” Cardoza said, while the thieves got only a “slap on the wrist” and were released.

Cardoza said he supports Proposition 36.

Neighbors and local business owners join in to support California's Proposition 36 on the November ballot at a news conference in the Venice neighborhood of Los Angeles on Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes)

Los Angeles City Council member Traci Park, at podium left, is joined by United Firefighters of Los Angeles City President Local 112, President Freddy Escobar, third from left, with a coalition of Los Angeles area elected leaders, public safety officials and business leaders to announce their support for Proposition 36 on the November ballot at a news conference in the Venice neighborhood in Los Angeles, on Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes)

Los Angeles County District Attorney George Gascón greats audience members before the 2024 Los Angeles County district attorney candidate forum with former federal prosecutor Nathan Hochman in Los Angeles, Calif., Sunday, Sept. 29, 2024. (AP Photo/Ethan Swope)

Former federal prosecutor Republican candidate Nathan Hochman speaks during the 2024 Los Angeles County district attorney candidate forum with incumbent Democratic Los Angeles County District Attorney George Gascón in Los Angeles, Sunday, Sept. 29, 2024. (AP Photo/Ethan Swope)

Los Angeles County District Attorney George Gascón speaks during the 2024 Los Angeles County district attorney candidate forum with challenger former federal prosecutor Republican candidate Nathan Hochman in Los Angeles, Sunday, Sept. 29, 2024. (AP Photo/Ethan Swope)

Former federal prosecutor Republican candidate Nathan Hochman, left, and incumbent Democratic Los Angeles County District Attorney George Gascón speak during the 2024 Los Angeles County district attorney candidate forum in Los Angeles, Sunday, Sept. 29, 2024. (AP Photo/Ethan Swope)

Robin Murez holds her dog "Astro" as she joins neighbors and local business owners to support California's Proposition 36 on the November ballot at a news conference in the Venice neighborhood of Los Angeles on Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes)

Nathan Hochman, a candidate for attorney general of California, left, and Los Angeles City Council member Traci Park, gather a coalition of Los Angeles area elected leaders, public safety officials and business leaders to announce their support for Proposition 36 on the November ballot at a news conference in the Venice district of Los Angeles, Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes)

Santa Monica Mayor Phil Brock, left, listens to a Venice resident after attending a coalition of Los Angeles area leaders and officials announcing their support for Proposition 36 on the November ballot at a news conference in the Venice district of Los Angeles, Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes)

Neighbors and business owners join to support California's Proposition 36 on the November ballot at a news conference in the Venice neighborhood of Los Angeles on Monday, Sept. 30, 2024. (AP Photo/Damian Dovarganes)

ATLANTA (AP) — Kirk Cousins threw for a career-high 509 yards and four touchdowns, the last of them a 45-yard scoring pass to KhaDarel Hodge in overtime that gave the Atlanta Falcons an improbable 36-30 victory over the Tampa Bay Buccaneers on Thursday night.

After a wild fourth quarter that featured a blocked field goal, a fumble and an interception, Cousins and the Falcons (3-2) got the ball back at their own 20 with 1:14 remaining in regulation and no timeouts, trailing 30-27.

Cousins completed five passes to push Atlanta to the Buccaneers 29, then hustled to the line to spike the ball with a single second left. In all the confusion, the Falcons were called for delay of game as they lined up for a tying field goal, but it didn't cost them.

Younghoe Koo knocked it through from 52 yards to force overtime, one week after he made a 58-yarder with 2 seconds left to beat the New Orleans Saints.

The Falcons won the coin toss in overtime and made sure Baker Mayfield and the Buccaneers (3-2) didn't get their hands on the ball again.

Cousins connected with Drake London on a couple of passes before throwing a short one to Hodge, who broke a tackle at the 40, sliced through a gap in the secondary and raced untouched to the end zone to end the game.

Mayfield threw three touchdown passes, including a pair to Mike Evans, and Chase McLaughlin booted three field goals. The last of them was a 53-yarder that put the Buccaneers ahead 30-27 with 10:23 remaining.

The Falcons tied it with a gutty fourth-down call by coach Raheem Morris early in the fourth quarter.

After Tyler Allgeier was thrown for a 2-yard loss on third-and-2, the Falcons didn’t even consider a field goal from the Bucs 12.

Atlanta lined right back up and Cousins threw a pass to Darnell Mooney, who made the grab right at the marker but wasn’t content with just a first down. He shook off a tackler and scooted to the end zone.

Mooney also had a 24-yard touchdown catch during a wild first half that ended with the Buccaneers up 24-17.

Both offenses ran up and down the field over the first two quarters, combining for 488 yards, 28 first downs and just one punt,

Cousins had an 18-yard touchdown pass to London, who finished with 12 catches for 154 yards. Mooney had nine receptions for 105.

Koo missed his first field goal of the year from 41 yards but connected from 54 and 48 yards before splitting the uprights with the tying kick.

Buccaneers: S Tykee Smith returned to the game after being evaluated for a possible head injury. ... LB Lavonte David hobbled to the sideline after taking a cut block from Falcons G Chris Lindstrom, but only missed a couple of plays. ... S Jordan Whitehead walked off slowly early in the fourth quarter with a groin injury.

Falcons: CB Dee Alford left the game in the first half with a concussion. ... London also took a blow to the head, but he was cleared to return before halftime. ... LB Troy Andersen, the NFC defensive player of the week, did not suit up because of a knee injury.

Buccaneers: Travel to New Orleans for an NFC South game against the Saints (2-2) on Oct. 13.

Falcons: Hit the road for the first time since Week 2 when they travel up I-85 to face the division rival Carolina Panthers (1-3) on Oct. 13.

AP NFL: https://apnews.com/hub/nfl

Atlanta Falcons wide receiver KhaDarel Hodge (12) celebrates with running back Bijan Robinson (7) after Hodge scored the game-wining touchdown against the Tampa Bay Buccaneers during overtime in an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)

Atlanta Falcons wide receiver KhaDarel Hodge (12) scores the game-wining touchdown against the Tampa Bay Buccaneers during overtime in an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)

Atlanta Falcons quarterback Kirk Cousins (18) celebrates with the fans after the team defeated the Tampa Bay Buccaneers during overtime in an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Atlanta Falcons place kicker Younghoe Koo (6) celebrates his field goal against the Tampa Bay Buccaneers during the second half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)

Atlanta Falcons quarterback Kirk Cousins (18) scrambles away from Tampa Bay Buccaneers defensive tackle Vita Vea (50) during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Atlanta Falcons quarterback Kirk Cousins throws a pass against the Tampa Bay Buccaneers during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)

Tampa Bay Buccaneers wide receiver Mike Evans (13) celebrates with quarterback Baker Mayfield (6) after scoring against the Atlanta Falcons during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Tampa Bay Buccaneers cornerback Jamel Dean (35) breaks up a pass intended for Atlanta Falcons wide receiver Drake London (5) during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)

Atlanta Falcons wide receiver Darnell Mooney (1) makes a touchdown reception between Tampa Bay Buccaneers cornerback Zyon McCollum (27) and safety Christian Izien (29) during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Former Atlanta Falcons quarterback Matt Ryan reacts as he is inducted in the Falcons' Ring of Honor during the first half of an NFL football game against the Tampa Bay Buccaneers Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Tampa Bay Buccaneers defensive end Logan Hall (90) reacts after sacking Atlanta Falcons quarterback Kirk Cousins during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Atlanta Falcons wide receiver Darnell Mooney (1) reacts after his score against the Tampa Bay Buccaneers during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)

Tampa Bay Buccaneers safety Jordan Whitehead (3) breaks up a pass intended for Atlanta Falcons wide receiver Drake London (5) during the first half of an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/Butch Dill)

Atlanta Falcons quarterback Kirk Cousins (18) works in the pocket against the New Orleans Saints during the first half of an NFL football game, Sunday, Sept. 29, 2024, in Atlanta. (AP Photo/Butch Dill)

Atlanta Falcons head coach Raheem Morris celebrates with wide receiver KhaDarel Hodge (12) after scoring against the Tampa Bay Buccaneers during overtime in an NFL football game Thursday, Oct. 3, 2024, in Atlanta. (AP Photo/John Bazemore)