Sacramento County Sheriff Jim Cooper grabbed headlines on July 12 when he accused Governor Gavin Newsom and the California legislature of failing to protect residents from crime. Cooper, a Democrat and the county's first Black sheriff, specifically targeted Newsom for not fully delivering on Proposition 36, a 2024 ballot measure that passed with nearly 70% support.
Prop 36 reclassified certain drug possession and theft offenses under $950 as felonies for repeat offenders, reversing earlier misdemeanor treatment. It also offered a path for some convicted individuals to avoid felony charges by agreeing to mental health or substance abuse treatment. The measure was a direct response to a surge in organized retail theft that began in 2019, particularly in Los Angeles, San Francisco, and other large counties.
Data from the California Public Policy Institute underscores the problem: between 2019 and 2023, retail theft jumped nearly 70% in Sacramento, 65% in Alameda, 41% in San Mateo, and 40% in Los Angeles. The Hoover Institute at Stanford went so far as to declare in 2021 that “shoplifting is now de facto legal in California.”
Cooper initially praised Prop 36 as a “game changer” in March 2025, noting that arrests were up and retailers were reporting less theft. But in his recent comments, he shifted tone, arguing that Newsom and the legislature have underfunded implementation—particularly around mental health diversion, elderly parole, and other Prop 36 provisions. His criticism came even as California crime rates, including those targeted by the measure, have dropped significantly.
Right-wing media outlets quickly amplified Cooper's remarks. Fox News ran a headline blasting Newsom as “soft on crime,” while the Washington Examiner followed suit—both framing the critique as evidence of the governor's weakness ahead of a potential 2028 presidential bid.
Yet Newsom's record tells a different story. He has repeatedly called organized retail theft “not a victimless crime” and backed that rhetoric with action. Under his leadership, the California Highway Patrol launched an Organized Retail Crime Task Force that has driven a 3,000% increase in investigations—from 24 in 2019 to 734 in 2025. In the first two months of 2026 alone, the task force opened 75 investigations, made 35 arrests, and recovered over 33,000 stolen items worth more than $3.3 million.
These efforts have produced measurable results. Shoplifting across California fell 9% in 2025, marking the first decline since 2020. Commercial burglaries are now 6% below pre-pandemic levels. While challenges remain—especially with the mental health diversion program—Newsom has taken concrete steps to implement Prop 36 and address its shortcomings.
Cooper is right to remind policymakers that crime has real victims and that ideology must not trump public safety. But singling out Newsom for media attention doesn't advance that goal. The governor's actions, backed by data, show a record that is anything but soft on crime. For context on broader national trends, the homicide rate is poised to hit a record low in 2026, according to recent data. Meanwhile, the political landscape continues to shift, as evidenced by Trump-backed Biggs winning the Arizona GOP primary to challenge a vulnerable governor.
Austin Sarat is the William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College.
