New York Gov. Kathy Hochul has promised to crack down on hate crimes. That pledge could run headlong into her other promises to address “racial disparities.”
“Building on the Governor’s continued efforts to combat hate crimes, Governor Hochul will propose legislation to expand the list of offenses eligible for prosecution as hate crimes,” her office stated on January 9, announcing the administration’s priorities for the coming year.
This comes alongside other crime initiatives, including working to stop retail theft, that the Democratic governor announced to start the new year. She will propose legislation “to expand the list of offenses eligible for prosecution as hate crimes to include all forms of first-degree rape, gang assault, making graffiti, and arson, among others.”
“Between 2018 and 2022, the number of hate crime incidents increased by 69% in New York City and 109 percent outside of New York City,” her office reported. The state noted a “spike in antisemitic incidents, up 214% in October 2023.”
Tackling crime and ensuring all New Yorkers are able to fully exercise their civil rights and live in a safe state is a good goal. But Hochul’s plan would also likely mean more minorities would face longer prison sentences if the hate crime enhancers were added to the other criminal charges. Her administration has previously said “racial disparities persist” in the state’s criminal justice system. She also signed legislation to release hundreds of prisoners from Rikers Island, a bill hailed by New York City’s corrections commissioner as a victory against “mass incarceration.”
Increasing hate crime charges will presumably keep people in prison for longer, and many of those will be racial minorities, if recent history is a good predictor. That includes a black man accused recently of yelling “f*****” while attacking someone on a subway in NYC and Mohamed Habachi, arrested recently for throwing a rock at an “Orthodox Jewish man.” The New York Police Department said a black man is the suspect in a December antisemitic attack as well. The recent stories comport with past data on NYC hate crimes. While Hochul’s bill would include the whole state, the city makes up about 66% of all hate crimes in New York.
In 2020, 90% of hate crime arrestees in the city were black or Latino. Black citizens were 35.3% of known hate crime offenders in 2019 for the entire state and 44% in 2021. However, in 2020, they were 28%, while whites were 47.7%. For the city, black residents were 52% of felony adult arrests in 2022, while Latinos were 33%. This means that additional hate crime charges are likely to extend prison time for racial minorities.
Cracking down on crime, particularly heinous felonies like assault, rape, and arson, is a laudable goal. It is refreshing to see a Democratic leader take a hard-line stance on crime. It should give a little confidence to city residents that even liberal District Attorney Alvin Bragg has taken a similar approach against crime, supporting the Hate Crimes Modernization Act, which would implement Hochul’s promise.
CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER
But New York political leaders should know that extending criminal punishments will likely increase the incarceration of racial minorities, not decrease it. This is not a foregone conclusion, as offender demographics can change year to year, and someone’s race does not mean they will commit crime.
But recent data would indicate increasing hate crime charges could lead to the result of more racial minorities in prison and for longer time.