We should rethink bail reform

Let’s have a look at crime and punishment. Most of us know that crimes have changed over the years. So have enforcement, the criminal justice system and our prisons.

There seems to be more and more lawlessness reported every day. I know some say that communication and reporting techniques have made it simply look like there’s more crime, and we all know that statistics can be presented in such a way to favor one side of an argument or another. We hear that crime is up in one area, down in another; higher in cities; better or worse than last year.

I’m not talking about a poor family that desperately shoplifted food to try to survive, or the youngster who lifts a pack of gum. This is more directed to the “smash and grab” gangsters who are destroying the fabric of our neighborhoods. I dislike going to my local drug and convenience stores, because I have to summon a clerk several times just to unlock shaving cream or aspirin. I find it very hard to believe that everything needs to be locked up: Not just the pharmaceuticals, but shampoo, deodorant and candy bars.

It seems to me that the solution is simple. If you commit a crime, you will be punished. Deterrence is key.
In 2020, New York state enacted bail reform laws that eliminate cash bail and expand pre-trial release of alleged lawbreakers for a variety of misdemeanor and felony charges.

These laws, along with various cries to defund the police in one way or another, have kept more criminals out on the streets. We have all seen and heard about alleged perpetrators of crimes who are arrested and then released without bail. We hear and see the stories of retail chain stores leaving high-crime neighborhoods. Shoplifters simply walk out with whatever they want, with little if any consequence.
People say that laws, cash bail and prison systems disproportionately punish one socio-economic class, the lower tier. But when restaurants and stores leave poor or high-crime areas, who suffers? Failing to catch, hold and punish criminals hurts law-abiding folks of every race, religion and background. Businesses suffer, the local economy suffers and the people suffer.

In my opinion, setting a standard for cash bail creates a deterrent for wrongdoers, while providing funding to maintain and even improve the criminal justice system.

Criminals learn the loopholes faster than legislation can be written. When criminals have more rights than law-abiding citizens, the system is broken. Sadly, I witnessed a domestic dispute not far from my residence. The police responded and arrested the alleged abuser. The alleged victim was injured and awaiting an ambulance. Before one arrived, the abuser was back on the street, back at the scene and more emboldened than ever.

This is a sorry state of affairs. The victim knew there would be no relief from the abuser. The abuser cursed at and threatened the police officers, using foul, racist language. Clearly, the police knew there was no point in re-arresting him; that would only make it look like they were unfairly picking on him and open themselves and the police department to unnecessary criticism and litigation.

Current bail reform laws have left our law-enforcement professionals with an impossible task: trying to keep the peace while often finding themselves powerless to actually do anything about rising criminality. A high percentage of repeat offenders end up being rearrested, but quickly released, many before the charges of their first arrest are even settled.

This revolving-door justice has to end. It has empowered criminals and sparked fear among citizens just going about their lives. So the criminals win. Meanwhile, we’ve seen shopkeepers arrested and charged while defending their stores, property, merchandise and, sometimes, their lives. Criminals have made a mockery of our justice system, and continue to roam free. They will continue to wreak havoc in our communities unless something changes.

So, what do we do? Well, first, write, email and calling all of your state representatives, since these laws, passed by the state, are clearly not working. Many of our representatives in the Assembly and the Senate actually voted for these horrific laws, so be prepared when they and their staffs defend them as beneficial and working well. These representatives do not have our best interests in mind, and should be voted out of office when the time comes.

Do your homework. Make your voices heard. Vote for your best interests.

Ed Fare is the mayor of Valley Stream.