The facts on Prop. 47 and smash-and-grabs
Over the summer, multiple stores in Los Angeles were targeted in an organized retail theft spree resulting in the loss of over $750,000 worth of merchandise. It was just the latest in a slew of brazen smash-and-grab style crimes across the state that were captured on video and viewed by millions of people.
These videos are shocking and often make us feel unsafe. But what's causing these crimes and what can be done about them?
Let's start by dispelling an increasingly common, albeit objectively false, claim by many in law enforcement that a law passed nine years ago, Proposition 47, is responsible for alleged increases in property and other crimes in California this year. For background, Proposition 47 — which was backed by nearly 60% of California voters — reduced simple possession of drugs for personal use (not drug dealing) from a felony to a misdemeanor and increased the felony theft threshold from $400 to $950 to keep pace with inflation.
The claim that a law passed nine years ago is now driving property crime may sound plausible, but it's flat wrong. Studies have shown that Proposition 47, and similar policy changes across 37 U.S. states, did not increase property crime. And in California, property crime has actually fallen since Proposition 47 passed in 2014.
Also falling since its passage in 2014 are recidivism rates and racial disparities in the criminal justice system. Proposition 47 has also redirected hundreds of millions of dollars to victims of crime, drug and mental health treatment and other programs proven to reduce crime. One study found the reforms saved taxpayers nearly $600 million in reduced prison costs.
In spite of the data, many in law enforcement continue to say that Proposition 47 is responsible for recent local increases in property crime. So with overall statewide property crime being down, does it make sense to repeal this statewide initiative to combat increases in local property crime? Or does it make more sense to change local approaches to fighting property crime instead?
At the heart of this matter is getting results for Californians. So what actually deters crime in the first place? According to the United States Department of Justice, the certainty of being caught is a vastly more powerful deterrent than the severity of the punishment. That means that increasing the perception that you'll be arrested by police is far more likely to deter crime like the smashand-grabs captured on video than increasing punishment through a repeal of Proposition 47 or otherwise.
That begs the question, are we doing a better job of ensuring that people will be caught for these crimes? The answer is a resounding no. Since 2013, while property crime has decreased slightly, the number of felony arrests in California has fallen by nearly 40% and the number of misdemeanor arrests has fallen by over 30%. In fact, arrests in California are at the lowest rates since statistics have been kept.
Whatever the cause of the drop in arrests, Californians deserve effective policing. Property crime — even at lower levels — is a problem we need to address. No one is stealing 300 bottles of shampoo or jeans for their own use. They are stealing them to resell them, so let's make that harder. Our focus should be on reducing the demand for these goods by focusing on the leaders of these theft rings. Shutting down the fencing operations will dry up the market and quickly reduce theft incidents. Additionally, efforts to close down the online resale of stolen goods will further reduce the incentives to steal large quantities of merchandise. Requiring online resellers to disclose information, like SB 301 sponsored by the Prosecutors Alliance, makes it more difficult to traffic stolen goods.
Retailers can also play a role in reducing these crimes. They can harden targets by ensuring sufficient security staff are visible where theft is a concern, using technology such as RFID chips and video cameras to deter theft and documenting the incidents and sharing information promptly with law enforcement. Law enforcement must also respond and investigate these crimes to ensure that any forensic evidence such as video or fingerprints are recorded. That can help make sure that such crimes are tied to any future arrest, ensuring these individuals are held accountable in a manner that is commensurate with the impact they've had on our community.
Prosecutors already have the tools to prosecute smash and grab sprees as felonies — but only if the perpetrators are caught. Rather than repealing successful legislation, law enforcement, retailers, and other stakeholders need to pursue smart solutions to prevent theft and catch it when it occurs — that's what will bring the peace of mind we all want.