We can fight hate in our communities before it escalates to violent crime and extremism

Mimi Rocah, Opinion contributor
Updated

My father and his parents narrowly escaped the Holocaust. This is something I talk about frequently — not only because I feel compelled to share their remarkable story of survival, but because the Holocaust must stand as a reminder of the violence that can come from hate, disinformation and dehumanizing people. The insurrection at the U.S. Capitol on Jan. 6 was a stark warning that we need to fight this hatred and bigotry now, before it escalates into a cancer we can't contain.

According to the FBI, hate crimes in 2019 were at their highest level in a decade, and data suggests a likely upward trend in 2020 as well.

Just last week, the Department of Homeland Security issued a warning that the United States faces a growing threat from “violent domestic extremists.” This isn’t about Republican vs. Democrat or conservative vs. liberal. It's about every American’s civil right to live peacefully in a democracy.

While events like the attack on the Capitol highlight the problem on a national level, it is in many ways our local communities that are most vulnerable to hate crimes. As the district attorney of Westchester County, New York, I see displays of targeted hate firsthand: swastikas and racist language demonizing Blacks and Mexicans in public spaces, stickers and banners of white nationalist groups put up in places where minorities gather, Black Lives Matter signs set on fire, and racist and anti-Semitic attacks directed at online gatherings of Black or Jewish groups. These are just a few of the ways the people of Westchester have been targeted in their own backyards, and all of them have instilled fear in our community.

Get creative to fight hate crimes

Local prosecutors like me have a unique responsibility to prosecute hate crimes and to advance initiatives that will reduce the proliferation of hate and increase feelings of security in our communities. While federal authorities play an important role in tackling hate crimes, we often respond first, before things turn into more serious or even violent incidents. Communities need to know right now more than ever that local law enforcement takes these threats seriously.

Hate crimes often go underreported. Victims might not report acts that targeted them due to feelings of shame or out of fear that reporting will require them to reveal their immigration status. Even when they are reported, these are difficult crimes to prove beyond a reasonable doubt.

In many jurisdictions, local prosecutors and police have a number of statutes at their disposal for charging hate crimes, but because of the protections afforded to free speech under the First Amendment and the particular limitations of certain hate crimes statutes, even conduct that is clearly bias-related, hurtful and deeply offensive may not constitute a hate crime. No district attorney wants to tell the citizens of his or her community that the law is not on their side, and no district attorney wants to leave people feeling vulnerable and victimized.

Counter protesters on April 21, 2018, in Charlottesville, Virginia.
Counter protesters on April 21, 2018, in Charlottesville, Virginia.

In order to effectively address hate crimes and best serve our communities, prosecutors must be tenacious and creative. This means developing practical and multifaceted ways to help prevent bias incidents before they occur, enhancing intelligence gathering and ensuring reliable classification and reporting by local law enforcement, and prosecuting aggressively when bias incidents do occur.

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Prosecutors should look to other statutes such as aggravated harassment to see whether there are alternative charging options. We must also make it clear to community members that they will have the full resources and support of their offices even when incidents don’t rise to the level of a chargeable crime. This can include simple and compassionate actions such as making sure victims receive a follow-up call after a troubling incident to check on their well-being.

Show you're serious about this fight

Working with local organizations to develop a list of resources for counseling or victim assistance services, and to ensure that such referrals are offered and available as needed, is another constructive move. In Westchester, in response to stickers put up by a white nationalist group throughout the county, we partnered with local police departments investigating the incidents to release a unified statement seeking information and standing against hate. That let our communities know we are taking this matter seriously.

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Prosecutors can also play an important role in helping to educate the community about hate crimes, including what defines a hate crime, permissible and impermissible conduct, and the resources available should a hate crime or incident occur.

Prosecutors should also simplify and publicize the reporting process for victims of hate crimes. Establishing simple, widely publicized reporting mechanisms, while not taking the place of 911 calls for emergencies or crimes in progress, can boost reporting and data accuracy. Providing victims with the option to report anonymously, as some authorities have done, can also help to encourage reporting by removing the fear of harsh repercussions.

None of these steps will eradicate hate or hate crimes. As a nation, we must engage in a comprehensive approach to hate, bigotry and domestic terrorism that includes holding accountable those responsible for violent acts. At the same time, local authorities across the country must demonstrate their commitment to ensuring that everyone in their communities feels safe. We all must recognize the severity of this moment with our actions, not just our words.

Mimi Rocah, the district attorney of Westchester County, New York, was a federal prosecutor in the Southern District of New York from 2001-17. Follow her on Twitter: @Mimirocah1

You can read diverse opinions from our Board of Contributors and other writers on the Opinion front page, on Twitter @usatodayopinion and in our daily Opinion newsletter. To respond to a column, submit a comment to letters@usatoday.com.

This article originally appeared on USA TODAY: Don't let local hate incidents escalate to crime and violent extremism

Originally published

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