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 The attorney general of California is the state attorney general of the government of California. The officer must ensure that "the laws of the state are uniformly and adequately enforced" ( Constitution of California, Article V, Section 13). ...

are: *Increased punishment for

gang A gang is a social group, group or secret society, society of associates, friends, or members of a family with a defined leadership and internal organization that identifies with or claims control over Wiktionary:territory#Noun, territory in a ...

-related

felonies A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that ...

;

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

for gang-related

murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

; indeterminate

life sentence Life imprisonment is any sentence of imprisonment under which the convicted individual is to remain incarcerated for the rest of their natural life (or until pardoned or commuted to a fixed term). Crimes that result in life imprisonment are c ...

s for home-invasion

robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...

carjacking Carjacking is a robbery in which a motor vehicle is taken over.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is usually i ...

witness intimidation Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within Criminal proceedings, criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases ...

and

drive-by shooting A drive-by shooting is a type of assault that usually involves the perpetrator(s) firing a weapon from within a motor vehicle and then fleeing. Drive-by shootings allow the perpetrators to quickly strike their targets and flee the scene before l ...

s; and a new crime of recruiting for gang activities; and authorizes

wiretapping Wiretapping, also known as wire tapping or telephone tapping, is the monitoring of telephone and Internet-based conversations by a third party, often by covert means. The wire tap received its name because, historically, the monitoring connecti ...

for gang activities. *Requires adult trial for juveniles 14 or older charged with murder or specified sex offenses. *Elimination of informal

probation Probation in criminal law is a period of supervision over an offence (law), offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incar ...

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. Judges also expressed concern that the law eliminated checks and balances inherent to juvenile fitness hearings, as it effectively placed the power to try juvenile offenders squarely in the hands of a district attorney. Nevertheless, Proposition 21 was eventually passed. Opponents included the

Californians for Justice Californian is an adjective describing something related to the American state of California. It is also the demonym for a person from California. Californian or The Californian may also refer to: Newspapers in California * ''The Californian'' ...

, the

Critical Resistance Critical Resistance (CR) is a U.S. based organization with the stated goal of abolishing the prison-industrial complex (PIC). Critical Resistance's national office is in Oakland, California, with three additional chapters in New York City, Los ...

Youth Force Coalition, and the

Ella Baker Center for Human Rights The Ella Baker Center for Human Rights is a non-profit strategy and action center based in Oakland, California. The stated aim of the center is to work for justice, opportunity and peace in urban America. It is named for Ella Baker, a twentieth- ...

. Prop 21 received the support of 62.1% (4,491,166) of the voters while 37.9% (2,742,148) voted against the proposition. Only the comparatively liberal counties of the

San Francisco Bay Area The San Francisco Bay Area, commonly known as the Bay Area, is a List of regions of California, region of California surrounding and including San Francisco Bay, and anchored by the cities of Oakland, San Francisco, and San Jose, California, S ...

voted by majority against the measure.

Results of vote

In February 2001, state

Court of Appeal An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to Hearing (law), hear a Legal case, case upon appeal from a trial court or other ...

San Diego San Diego ( , ) is a city on the Pacific coast of Southern California, adjacent to the Mexico–United States border. With a population of over 1.4 million, it is the List of United States cities by population, eighth-most populous city in t ...

invalidated provisions of the law requiring 14- to 17-year-olds to be tried in the adult courts. In February 2002, the

Supreme Court of California The Supreme Court of California is the Supreme court, highest and final court of appeals in the judiciary of California, courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly ...

reversed the Court of Appeal's holding and allowed the provisions to stand as written. Manduley v. Superior Ct., 27 Cal. 4th 537, 41 P.3d 3 (2002), as modified (Apr. 17, 2002)

References

External links

Top Ten Contributors, For & Against, calvoter.org

Treatment of Juvenile Offenders, ballotpedia.org
21 Initiatives in the United States Criminal penalty ballot measures in the United States {{statute-stub