You cannot separate our criminal justice from housing, health care, and education. You just can’t. - Tiffany Cabán

We have taken public health issues and punted them to a criminal justice system. What we should be doing instead is going to the root causes of the instability. You can tie it back to the bad actors who are destabilizing entire communities that then drive crime, whether it is low-level quality of life crime or violent crime. It’s all connected. As a public defender I represent clients who the system criminalizes for their substance use disorder, rather than prosecuting a doctor who’s overprescribing opioids. Or it prosecutes a client who is seeking shelter, rather than a bad landlord who’s unlawfully evicting or a predatory lender who’s stealing somebody’s home. I represent people who are accused of stealing from their employers when in fact their employers are misclassifying workers, stealing their wages, taking advantage of our undocumented communities, preventing people from unionizing. When you think about it that way it’s a no-brainer, right? These are things that seem intuitive, but again there are people profiting off of this. That really the reason why those types of prosecutions aren’t prioritized, and they should be.

If you want to target true trafficking, then you have to fully decriminalize so that you’re creating a space where survivors and victims can access health care services, can feel comfortable cooperating with the district attorney’s office or law enforcement. Doing anything to drive the behavior underground just increases the risk of harm and violence. You can’t take the middle ground and say “Well, I’m not going to prosecute sex workers but I’m going to prosecute their customers.” Again you are creating an environment where there’s still a fear of decriminalization and there’s serious destabilization.

I think that we’re in this really special moment in time where we’re seeing decarceral prosecutors, committed to keeping people rooted in their communities with access to resources and supports, be elected all around the country. We’re seeing defense attorneys being elected into these positions all around the country, and also being able to navigate relationships with police departments that, you know, coming in, were sort of adversarial, just based on the things that they were talking about.