NATHAN HOCHMAN: I WILL REVERSE STATE’S ‘SPIRAL OF LAWLESSNESS’
Q:
What do you feel
about current efforts to revise criminal justice reform laws like Propositions 47 and 57? What changes would you support?
A:
I opposed Propositions 47 and 57. Proposition 47, which was sold to Californians as the “Safe Neighborhoods and Schools Act” by the attorney general at that time who was in charge of the ballot title and summary, should have been titled the opposite. By slashing felony drug and property crime laws, Proposition 47 allowed a wave of criminals to get out of jail and face zero consequences for their actions. Retail theft is the prime example of this as thefts under $950 have risen dramatically and go unpunished. Proposition 57 doubled down on this dangerous trend, and the combined result has been chaos in the streets. The most recent horrifying example was the April mass shooting in Sacramento, perpetrated by at least one individual who should have been in jail had Proposition 57 not passed. As attorney general, I would push aggressively for reforms to Propositions 47 and 57, demand that local district attorneys prosecute drug and property crimes to the fullest extent of the law, and seek to expand the definition of “violent felony” to include crimes like human trafficking and domestic violence.
Q:
Crime is up statewide, creating debate over whether California should be more harsh or more lenient on people charged with crimes. What, if anything, should the attorney general do about the surge in crime?
A:
California’s failed
experiments in criminal justice reform have led to a “spiral of lawlessness” in our communities, where criminals know their actions go unpunished and double down on their behavior because they know they will get away with it. As attorney general, I would reverse this damage and create a “spiral of lawfulness” where widespread accountability deters criminal behavior. However, just because the pendulum has swung far in one direction doesn’t mean the solution is to swing far back in the other. Blanket policies for mass incarceration were never an effective solution nor are blanket policies for no incarceration. Instead, I stand for the “hard middle,” requiring individualized analysis of each defendant and the crime committed, coupled with prison reform that rehabilitates prisoners and offers them a skill set and re-entry programs that then help them get a job when they are released.
Q:
California has taken
several steps in recent years to crack down on police abuses. Are there any additional measures you think are needed?
A:
To the extent that
state law now empowers
and requires the attorney general to solely investigate and prosecute police misconduct and use-offorce, I would use that authority. However, I do believe that cooperation with local prosecutors and law enforcement agencies is critical to discovering the truth in these incidents and helping communities recover. Unlike the current attorney general, who has taken an antagonistic approach to law enforcement throughout his career, I would seek common ground and partnership with our law enforcement agencies.
Q:California has the strictest gun laws in the nation yet has had some of the nation’s worst mass shootings this year. What, if anything, can the attorney general be doing to reduce gun violence in California? A:
In spite of our strict
gun laws, California has still seen unacceptable rates of gun violence in our communities, particularly in our inner cities. Gun violence is largely perpetrated by individuals who are not permitted to lawfully possess a firearm to begin with. The current attorney general has failed dramatically at enforcing the gun laws we have on the books and preventing illegal guns from ending up in the hands of criminals. His efforts to seize guns from people on the Armed and Prohibited Persons System list has not even kept pace with those being added to the list. I would take the millions of dollars given to the attorney general’s office for Armed and Prohibited Persons System enforcement and vow to seize guns from the over 26,000 people on the list within the first 18 months of coming to office. We need statewide prosecutorial and enforcement coordination from the Attorney General’s Office that is simply lacking right now.
Q:
Gov. Gavin Newsom
has endorsed California adopting a gun control law modeled on Texas’ abortion law, which allows people to sue those who help women get abortions. Do you support a law allowing Californians to file lawsuits like this over gun-related issues or not, and why? A:
I see the job of attorney general as primarily a law enforcement position. As attorney general, it would be my job to enforce the laws and constitution of the state of California, not to advocate for policies outside the scope of the Attorney General’s Office, such as those proposals which would empower a private right of action on gun-related issues.