Hate crimes are difficult to convict, leaving police departments and communities helpless

In a recent roundtable discussion with Chinese-language media, San Francisco law enforcement officials, including Sheriff Bill Scott, tackled the pressing issues surrounding hate crimes within the community. They expressed deep understanding of the frustrations felt by victims and their families, particularly in a city where a significant one-third of the population identifies as Asian, and where crimes against Asian individuals have left profound emotional scars.

Sheriff Scott highlighted the emotional burden that hate crimes impose not only on the victims but also on the police. He pointed out that while various stakeholders are working hard to ensure accountability for perpetrators, many reported incidents fail to meet the legal criteria for hate crimes, which can be deeply disheartening.

Recent data from the California Attorney General’s Office indicates that there were 2,120 reported hate crimes in California in 2022, representing a 20.2% increase from the previous year. Notably, incidents specifically targeting Asian individuals dropped from 247 in 2021 to 140 in 2022, a decrease of 43.3%. However, out of these reported incidents, only 456 resulted in charges, and merely 52 led to convictions.

Sheriff Scott noted the challenges of investigations, particularly when victims suspect they were targeted because of their ethnicity. “Sometimes the evidence isn’t enough, which can be frustrating, but we have to follow the law,” he explained.

Ryan Kao, the director of criminal strategy for the department and a former prosecutor, elaborated on the decision to sometimes forgo pursuing hate crime charges, clarifying that it can be a calculated choice. “I want the public to know we are committed to prosecuting hate crimes; sometimes, taking a different approach may yield a better outcome,” he remarked.

As for community engagement, Sheriff Scott expressed his approval of the feedback he’s received indicating that residents feel safer. He attributes this sense of security to the solid relationships and trust built between officers and the community.

San Francisco’s Chinatown, known as one of the most densely populated Asian communities in the U.S., has been rocked by a series of alarming attacks against elderly Asian individuals amid a rise in anti-Asian sentiment, creating a climate of heightened anxiety among residents. However, in the first three months of 2024, only four hate crimes were recorded, a decrease from seven during the same period the previous year, which Scott views as a positive sign of diminishing hate crime activity.

He emphasized the critical nature of reporting these incidents, asserting that without community reports, police cannot effectively investigate hate crimes. He urged community members to step forward, noting that even unreported incidents could yield valuable leads for other cases.

Deputy Sheriff David Lazar recognized the challenges some victims encounter when needing to communicate with law enforcement, particularly in monolingual communities. However, he reassured that the department takes every case seriously. Currently, the San Francisco Police Department has 100 officers fluent in Cantonese and 20 in Mandarin to better serve the Chinese community.

William Ma, a former patrol officer in Chinatown and a community liaison, stressed that the true strength of the police force lies in their relationships with the community, rather than their equipment. He noted that when victims of hate crimes are reluctant to report incidents, police often collaborate with community partners to provide support, including transportation, food, and access to public resources.

“The judicial system can be overwhelming,” Ma remarked. “It’s not just about catching suspects; the prosecution and trial phases can be especially intimidating for monolingual victims. The police are dedicated to supporting victims through these challenges.”