He Won’t Address Bail Reform or Reduce Crime
As governor, Andrew Cuomo endorsed “reforms” that resulted in a surge in crime and he is now signaling to New Yorkers that he still supports them, asserting the no-bail law “corrected a significant injustice.”
In other words: If you hope to see offenders jailed, don’t rely on Cuomo.
“We were incarcerating individuals at Rikers who hadn’t been convicted of anything merely because they couldn’t post bail,” Cuomo stated on Sunday.
He claimed that wealthy defendants could afford bail and secure their release, while others remained incarcerated due to lack of funds.
This claim is misleading: Judges typically consider a defendant’s financial situation when setting bail; incarcerated defendants often face lower bail amounts.
This practice is logical since bail is intended to ensure a defendant appears in court if released; a low bail amount is unlikely to deter affluent individuals from fleeing.
Bail previously kept repeat offenders, career criminals, and violent individuals off the streets until they faced trial, conviction, and appropriate punishment.
However, Cuomo’s bail reform entirely eliminated the necessity to post bail for most offenses; currently, only those charged with the most severe crimes are required to post bail. Everyone else gets a free pass.
The consequence? Criminals are often back on the streets even before police finish their arrest documentation.
Judges who are lenient (such as those highlighted by The Post on Sunday) and prosecutors who refuse to pursue cases (looking at you, Manhattan DA Alvin Bragg) have aggravated the situation.
As a result, crime rates have surged: Murders spiked 47% — increasing from 319 in 2019 to 468 in 2020, the year the reform was enacted.
The NYPD has made some progress since then, but crime rates were still 20% higher last year; overall felonies rose by 30%; and misdemeanors by 18%.
Meanwhile, stores that remain open now routinely secure their merchandise — even basic items like toothpaste — due to concerns over theft.
This is no coincidence: Criminals recognized that there would be minimal repercussions for their actions, leading to an increase in offenses.
The detrimental effects of the reform were so apparent that even the state Legislature, which leans progressive, agreed to amend it — three times.
However, it continues to be flawed.
As Cuomo acknowledges, judges have regained some discretion in specific situations, but they are unable to factor in a defendant’s potential “dangerousness” when determining bail.
Additionally, most offenses remain exempt from bail requirements.
Other measures that Cuomo championed, such as Raise the Age, have also contributed to rising crime rates.
Cuomo’s response is to hire 5,000 more police officers.
While this may help, one must wonder where he will find 5,000 qualified, willing recruits when every criminal is released moments after being arrested.
Cuomo has changed his position on other issues he previously endorsed as governor, such as congestion pricing.
So why not reconsider bail reform? Does he believe that getting the Legislature to truly rectify the situation will be too challenging, or is he merely attempting to appease the left?
Regardless, for someone whose campaign is built on demonstrating effective leadership, this appears quite timid.