California Proposition 21 (2000)
Encyclopedia
California Proposition 21, known also as Prop 21, was a proposition proposed and passed in 2000 that increased a variety of criminal penalties for crimes committed by youth and incorporated many youth offenders into the adult criminal justice system. Major provisions of the proposition, as summarized by Attorney General of California are:
The proposition received considerable controversy and was subject to vigorous protests by youth and human rights groups, but was eventually passed. Opponents included the Californians for Justice, the Critical Resistance
Youth Force Coalition, and the Ella Baker Center for Human Rights
. Prop 21 received the support of 62.1% (4,491,166) of the voters while 37.9% (2,742,148) voted against the proposition.http://primary2000.ss.ca.gov/returns/prop/00.htm Only the comparatively liberal counties of the San Francisco Bay Area
voted by majority against the measure.
In February, 2001, state Court of Appeal
in San Diego invalidated provisions of the law requiring 14 to 17-year-olds to be tried in the adult courts.http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/02/08/MN133525.DTL
- Increased punishment for gangGangA gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
-related felonies; death penalty for gang-related murderMurderMurder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
; indeterminate life sentences for home-invasion robberyRobberyRobbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
, carjackingCarjackingCarjacking is a form of hijacking, where the crime is of stealing a motor vehicle and so also armed assault when the vehicle is occupied. Historically, such as in the rash of semi-trailer truck hijackings during the 1960s, the general term hijacking was used for that type of vehicle abduction,...
, witness intimidationWitness intimidationWitness intimidation involves witnesses crucial to court proceedings being threatened in order to pressure or extort them not to testify. The refusal of key witnesses to testify commonly renders a case with inadequate physical evidence void in a court of law...
and drive-by shootingDrive-by shootingA drive-by shooting is a form of hit-and-run tactic, a personal attack carried out by an individual or individuals from a moving or momentarily stopped vehicle without use of headlights to avoid being noticed. It often results in bystanders being shot instead of, or as well as, the intended target...
s; and a new crime of recruiting for gang activities; and authorizes wiretapping for gang activities. - Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses.
- Elimination of informal probationProbationProbation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
for juveniles committing felonies. - Required registration for gang related offenses.
- Designation of additional crimes as violent and serious felonies, thereby making offenders subject to longer sentences.
The proposition received considerable controversy and was subject to vigorous protests by youth and human rights groups, but was eventually passed. Opponents included the Californians for Justice, the Critical Resistance
Critical Resistance
Critical Resistance is a national, member-based grassroots organization that works to build a mass movement to dismantle the prison-industrial complex...
Youth Force Coalition, and the Ella Baker Center for Human Rights
Ella Baker Center for Human Rights
The Ella Baker Center for Human Rights is a non-profit strategy and action center based in Oakland, CA. The stated aim of the center is to work for justice, opportunity and peace in urban America....
. Prop 21 received the support of 62.1% (4,491,166) of the voters while 37.9% (2,742,148) voted against the proposition.http://primary2000.ss.ca.gov/returns/prop/00.htm Only the comparatively liberal counties of the San Francisco Bay Area
San Francisco Bay Area
The San Francisco Bay Area, commonly known as the Bay Area, is a populated region that surrounds the San Francisco and San Pablo estuaries in Northern California. The region encompasses metropolitan areas of San Francisco, Oakland, and San Jose, along with smaller urban and rural areas...
voted by majority against the measure.
In February, 2001, state Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
in San Diego invalidated provisions of the law requiring 14 to 17-year-olds to be tried in the adult courts.http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2001/02/08/MN133525.DTL