Rising Crime- Reality or Mirage?

 

Rising Crime- Reality or Mirage?

by Ken W. Good

By definition, facts typically stand firm and unchallenged.  But lately, there has been a notable disagreement regarding the very existence of certain facts.  During the closing stages of the previous national election, one end of the political spectrum contended that the reported increase in crime was merely a matter of perception, rather than an actual rise.  They asserted that the opposing side had fabricated the issue of rising crime.  Over the past two years, this disagreement has persisted, with one faction rejecting the notion of escalating crime and instead asserting a disparity between public perception and reality.

In a recent debate between a representative from Civil Rights Corps and myself, the Corps argued that crime rates were declining, attributing reports to the contrary as a fallacy.  Civil Rights Corps is an activist group behind numerous lawsuits pushing bad bail reforms even as they lose in the appellate courts.  They argued that rising crime is like a mirage, a phenomenon observed in deserts, where nonexistent water appears to exist due to the refraction of light through two layers of air with different temperatures.  Yet, there should not be any dispute here.  Both perception and reality demonstrate this simple fact: crime is indeed on the rise.

Across multiple urban areas, bad bail reform measures pushed by Civil Rights Corps, that have been implemented in recent years, have consistently yielded negative outcomes.  In New York, the legislature has repeatedly scaled back these flawed measures in an effort to curb the surge in crime that followed their initial passage.  Meanwhile, in California, policies enacting zero bail, combined with strategies from urban district attorneys aimed at decriminalization, have fostered an environment where businesses are forced to shutter due to the burden of absorbing losses, such as facing up to $25,000 in daily losses from shoplifting.  This predicament has led to a cascade of closures within various retail chains across the nation. Rite Aid, for example, announced plans to shut down 31 out of its 150 stores in California.  Walgreens had to close at least five locations in San Francisco in 2021 and an additional two in February 2022.  Target similarly announced store closures, projecting a staggering half-billion-dollar loss in a single year due to theft.  Walmart cited similar reasons for its decision to close stores in Portland and Chicago.

The surge in criminal activity extends beyond shoplifting, encompassing car theft as a "keystone crime" that facilitates more severe crimes like homicide.  According to a new report from the Council on Criminal Justice, instances of car theft have surged nationwide, marking an approximate 34 percent increase from the previous year.  Statistics from the first half of this year reveal a staggering 104.3 percent rise compared to the same period in 2019.  Of the 32 cities providing data, seven reported theft rates soaring by 100 percent or more in the past year.  Notably, Rochester, New York, witnessed the most significant escalation, recording a spike of 355 percent.  This statistic is considered one of the most accurate barometers in measuring crime because the insurance industry requires the filing of a police report before any claim is processed.

The Oakland branch of the NAACP in California recently issued a stern letter admonishing local politicians and calling for a "state of emergency" to tackle the escalating crime rates.  Inexplicably, Oakland's district attorney, parroting national sentiments, expressed disappointment that the local NAACP seemed to align with oppositional rhetoric.  However, the regional NAACP board overseeing California and Hawaii rallied behind the local chapter's call for urgent action on the crime issue.

Meanwhile, in San Francisco, employees stationed at the Nancy Pelosi Federal Building received directives to work remotely indefinitely.  They were advised that it was not safe to park their cars in the neighborhood and walk to the building.

Civil Rights Corps has responded to these facts by referencing national crime statistics including data from the FBI that note a decrease in certain violent crimes at the national level.  However, this argument is not only disingenuous, it is only partially valid.  In citing these national statistics, Civil Rights Corps fails to acknowledge that the vast majority of the country remains committed to concepts of accountability and public safety as evident in these statistics.  In the process, they have disregarded localized hot spots in urban areas, which emerged due to the policies for which they advocated.

Furthermore, their failure to acknowledge the rising crime rates in urban areas exacerbates harm within the very communities they claim to assist.  Nationally, statistics indicate that 50 percent of homicide victims are young black males, a significant portion of whom are also within the same minority group as the perpetrators.  Unfortunately, the policies enacted in urban areas tend to favor young black offenders over young black victims, often resulting in the release of the offenders back into these very communities, potentially perpetrating further crimes.

In these areas, bad bail policies have been implemented, ostensibly to safeguard the underprivileged.  In reality, they prevent judges from tackling organized crime, gangs, and career repeat offenders.  Once a judges’ hands are tied, defendants are simply released.  This leads to a drastic increase in failures to appear, that is followed by an escalation of disorder.  Once chaos is allowed to reign, accountability plummets and decriminalization follows to prevent a complete collapse of the criminal justice system.

While the surge in urban crime and declining public safety is dire, there is room for hope.  A model exists that tackles the challenge of curbing rising crime and restoring a robust system of accountability.  This groundbreaking approach originates from Cullman County, Alabama.  Initially embroiled in a lawsuit brought by Civil Rights Corps, Cullman County was compelled to adopt ill-fitting bail reform policies due to a preliminary injunction.  This lasted for 4-5 years until the case was overturned by the 11th Circuit Court of Appeals in Sanchez v. Alabama.  Upon the reversal of the injunction, the county swiftly reinstated a culture of accountability within the system. Remarkably, within about six months, a shift in the mindset of offenders ensued, leading to a noticeable decline in criminal activity.

The surge in urban crime, stemming from bad bail reform measures, is undeniably real, not a mere illusion.  Despite attempts by organizations like Civil Rights Corps to deny this fact, it stands firmly grounded in reality.  Moreover, there's a deeper stark truth: the policies advocated by Civil Rights Corps' bear responsibility for escalating crime in these areas.  Their initiatives, purportedly aimed at assisting these communities, ironically inflict harm upon the very groups they claim to support.  The continued denial of this fact will lead to even more crime and further harm to the very communities Civil Rights Corps claims to want to help.

About Ken W. Good - Board of Directors, Professional Bondsmen of Texas:

Ken W. Good graduated from Hardin Simmons University in 1982 with a Bachelor of Arts Degree. He received a Master of Education Degree in 1986 from Tarleton State University, a part of the Texas A&M System. In 1989, he received his law degree from Texas Tech School of Law, where he was a member of the Texas Tech Law Review. Mr. Good has argued cases before the Supreme Court of Texas and the Texas Court of Criminal Appeals, along with numerous courts of appeals, including the United States Court of Appeals for the Fifth Circuit. He is the author of "Good's on Bail," a practice guide created for bail industry professionals. In addition, he has written numerous articles on the subject of bail reform, including, "What Successful Bail Reform Looks Like."  Mr. Good is married and has two daughters.(www.pbtx.com)