Ever since New York’s “bail reform” law went into effect on New Year’s Day, things have been a mess around the Empire State and particularly in the Big Apple. Earlier today we looked at the story of the guy who committed 5 burglaries in three days after being repeatedly released without bail. And of course, there was the case of the woman who was going around physically assaulting Jewish women and also being turned loose immediately only to strike again.
Perhaps the pressure has finally gotten to the reform-minded Governor and caused him to think twice. We learned today that Andrew Cuomo is in discussions with the legislature and is “open” to reforming the new law, but not in a way that actually addresses the underlying problem. (Gothamist)
The state’s new bail laws aren’t even a week old, but recent anti-Semitic assaults in Brooklyn and the stabbing of Hasidic worshipers in Monsey have led several top lawmakers to consider modifications so those accused of hate crimes would be eligible to be held on bail.
Just before the laws went into effect on January 1, Tiffany Harris was arrested for allegedly assaulting three Orthodox Jews in Brooklyn. She was released on her own recognizance, but was arrested a day later and accused of punching a woman on Eastern Parkway. Harris was then released with supervision but was rearrested days later…
Governor Andrew Cuomo and Senate Majority Leader Andrea Stewart-Cousins have both suggested they’d support modifying the new law to account for hate crimes. Speaking to the Association for a Better New York on Monday, Cuomo called anti-Semitism and hate “the most frightening issue that keeps me up at night.”
Before going any further, allow me to say that it’s good to hear that the Governor is actively working on a solution to the spreading, violent antisemitism that’s plaguing the city. But it will require more than him losing some sleep at night. Concrete action is required.
With all of that said, this proposal to modify the bail reform law not only doesn’t solve the problem. It actually would make it worse. Providing a single exception for those accused of “hate crimes” to be charged bail would no doubt make people feel better about justice for victims of violent antisemitic attacks. But while they may receive the most headlines in the New York City’s newspapers, those attacks still only represent a tiny percentage of the overall crimes in the state.
This sort of carve-out in the rules would create an obvious and damning condition of unequal enforcement of the law. The new law allows for people charged with attempted homicide (among many other crimes) to be immediately released without bail. So consider the following scenario.
Racist, anti-gay or antisemitic graffiti is considered a hate crime in New York. So you’re telling me that someone who spray paints a swastika on someone’s house (which is technically vandalism) can be tossed in jail and made to pay bail, but someone who attempts to kill the neighbor of that person will still be allowed to walk out of jail with no bail? Does that sound anything like justice to you?
The entire law is a farce and it’s producing a far worse quality of life for residents of the state after only being on the books for a week. This law doesn’t need a hate crime exception added to it. It needs to be repealed. Making a change just to prove that you care about the Jewish community may win you some praise in the short term, but it won’t fix the actual problem that you created in the first place.
