Erenstoft Backs California Governor's Justice Reform Act of 2016

Renowned government whistleblower, Sean Erenstoft pledged his support last week for Governor Jerry Brown's announced ballot measure intended to reform key aspects of California's antiquated justice system and laws.

California Governor Jerry Brown announced The Public Safety and Rehabilitation Act of 2016, a ballot measure to be voted on by Californians in November 2016. Newspaper headlines immediately declared, “Jerry Brown wants to make it easier for non-violent offenders to get parole” and “California governor pushes ballot measure to release nonviolent criminals from prison earlier.” By almost every account, the proposal was lauded as a paradigm of modern criminal justice reform.

During an introductory conference call discussing the initiative, Brown outlined: “This affects thousands of inmates and it is significant.” Los Angeles Police Chief Charlie Beck declared, “California currently keeps the wrong people incarcerated for the wrong length of time . . . I think that this will effectively open up bed space for those that richly deserve to be there.” Even Bonnie Dumanis, the Republican District Attorney of San Diego, enthusiastically affirmed that “these changes would encourage inmates to participate in rehabilitation programs that would make prisons and communities safer.”

Erenstoft went on to discuss the growing national sentiment spawned, in part, by the political campaign of Bernie Sanders and others who are drawing renewed interest the prison over-crowding and the illogical incarceration of adults for non-violent and low-class drug offenses. "Even Rand Paul and other credible political leaders on the right have stepped back from their monolithic 'tough on crime' stances to embrace a more humane take on current realities."

Astutely, the legislators who drafted the California Penal Code were keen enough to clarify what qualifies as a “violent” felony under California law. There are only twenty-two “violent felonies” listed in California Penal Code Section 667.5(C)(1-22). That list certainly includes the worst possible crimes: murder, robbery, kidnapping, child molestation, and rape. But the label “violent felonies” is a bit of a misnomer because there are many other crimes that also involve significant violence but are not on that list.

Erenstoft applauds the this lack of clarity because it ultimately allows prosecutors and judges to craft sentencing options on a case-by-case basis. Unlike the one-size-fits-all of the generally failed "three-strikes" framework whereby exceptions practically swallow the rule, the new legislation remains "flexible enough."

SEAN ERENSTOFT - A BUSINESS AND LEGAL AFFAIRS PROFESSIONAL

My 25 years of business and litigation experience cultivated a practical appreciation for negotiation and compromise.  I've stood before hundreds of judges and juries but found that the best way to afford success is to sit with an opponent and discuss solutions.

In 2010, I closed my litigation firm and opened a business consulting firm dedicated to mediation, arbitration and private counsel.

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Sean Erenstoft is a former prosecutor with the Orange County and Los Angeles District Attorneys offices.  After he left the DAs' offices, he launched his own firm handling civil rights matters and criminal defense cases. Sean Erenstoft also has a business degree and litigated on behalf of businesses, corporations and individuals.  Erenstoft has tried 47 jury trial and 100's of civil matters.  In 2009, Erenstoft blew the whistle on prosecutorial misconduct when he discovered a secret directive issued by Steve Cooley to his deputies advising them about how to hide evidence from defense counsel.  To many, Sean Erenstoft is a civil rights hero.

I am fiercely dedicated to the pursuit of justice and fairness and due process.   

Understanding where people are coming from has required me to hone the skill of simply listening to them.  As a leadership-oriented person, I am not effective unless I endeavor to understand those around me and the influences playing on their impressions and ultimate decisions.  So, in a sense, I suppose I'm also a psychologist.

Simple things turn me on.  I love my pugs, Tubbs and Crockett, who make me laugh everyday; and I love the hum of a  finely tuned Ducati motorcycle that I've laid my hands on.  

I have travelled a wide-swath of the world and I appreciate the grandiocity of the nature around us and the confluence of complexities that made it exist.  I have met so many great people along the way.