The Bakersfield Californian

It’s time to end excessive sentences

- Richard Tan is an attorney practicing in the Bay Area.

Newly-elected Los Angeles District Attorney George Gascón recently took the courageous step of announcing that his office will no longer seek sentencing enhancemen­ts in criminal cases.

In response, Kern County District Attorney Cynthia Zimmer writes, that by doing so, Gascón “pledged to make Los Angeles a sanctuary for criminals” (“COMMUNITY VOICES: LA DA George Gascón has an offer no criminal can refuse,” Dec. 27). According to Zimmer, sentencing enhancemen­ts are “the most basic state laws designed to address serious, violent and repeat offenders.”

Who are these “serious, violent and repeat” criminals, exactly?

You might have heard of Shane Taylor. He was arrested with 0.14 grams of meth — about a tenth of a packet of sugar. He received 25 years to life under California’s Three Strikes law at the time: the kind of “basic state law” for “repeat offenders” which Gascón will no longer enforce.

Or Jerry Dewayne Williams, who also received 25 years to life under Three Strikes, for stealing a slice of pizza.

Demond Lewis, on the other hand, shot a man in the leg. He received 15 years to life for attempted murder. He then had six separate gun enhancemen­ts stacked onto his sentence, adding an extra 94 years to life: gun enhancemen­ts which Gascón will no longer enforce.

Demond is the kind of person who District Attorney Zimmer casually calls a criminal who takes “pleasure in using firearms to ratchet up body counts in all types of crimes.”

Is it really justice to sentence a man to 109 years to life for shooting another man in the leg?

Gascón doesn’t think so. He clearly writes, in the Los Angeles prosecutor’s manual, that he wants to reduce sentences for people who have been in prison for 15 years or more, who are older than 60 and who were minors at the time of the crime but were tried as adults. These are all reasonable — but unfortunat­ely limited — responses to a decades-long breakdown in California’s criminal justice system. Gascón’s courageous stand is long overdue. Excessive sentences leave no possibilit­y for rehabilita­tion, waste taxpayer dollars, and disproport­ionately target working poor, black and brown communitie­s.

There are 96,000 people incarcerat­ed in California prisons today. That is almost four times the number in the late 1970s, before the explosion in sentence enhancemen­ts driven by the outdated, bankrupt “tough on crime” culture of the 1980s and 1990s which DA Zimmer represents.

Today, almost 80 percent of prisoners have some kind of sentence enhancemen­t. About 25 percent of prisoners have three or more enhancemen­ts stacked on. There are 48,000 prisoners with a second or third strike. More than 90 percent of people with a gang enhancemen­t are Black or Latino.

Police and prosecutor­s have an economic interest in keeping people behind bars as long as possible. Prisons provide employment for correction­al officers and profits for the corporatio­ns building the prisons. And Kern County leads the pack: It has the highest incarcerat­ion rate in all of California.

Prosecutor­s like Zimmer have, for decades now, successful­ly sold us all the myth that enhancemen­ts like Three Strikes keep crime rates low in California. But in reality, overwhelmi­ng research shows that enhancemen­ts have little effect on crime rates. And as the George Floyd protests showed us, people are finally fed up with racism and white supremacy in our criminal justice system.

Most prisoners pose little, if any, risk to public safety if released. Almost half of all California prisoners have contracted COVID-19. Safe mass releases from our COVID-infected prisons are perfectly possible, right now.

It’s time to take a long, hard look at mass incarcerat­ion. If DA Zimmer truly cared about victims in Kern County, she would think about the real human beings affected by her policies.

Zimmer should stop the fearmonger­ing, stop prosecutin­g the working poor and other vulnerable groups in Kern County, stop exploiting victims and survivors for political gain and start speaking up for proven solutions like counseling, case management, rehabilita­tion and reentry services for criminal defendants and prisoners.

 ??  ?? RICHARD TAN
RICHARD TAN

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