November 20 2009 18:40:18
Navigation
· Home
· Discussion Forum
· News Categories
· Staff Page
· Search
· RSS Feeds
· Ultimate Stat Page
· Links
· Contact
· Voice Your Opinion
News Feeds




Welcome
Hate crime legislation

Advert
Opinions Share
We truly live in exciting times. Our dauntless Congress has managed to pass an extension of the existing hate crime legislation to protect Gays and Lesbians from crimes of hatred. Of course, doubters of their (Congress) courage in this action might point out that physical battery is a crime and is punished when proven. Hatred as a crime enters a very risky area in which we allow our government to make some types of thought illegal. While it seems and feels nice to criminalize this type of hatred, one must feel some concern about how this could be extended by our law enforcers.

In the meantime, Congress seems absolutely incapable of taking action where it could accomplish something of value for Gays and Lesbian citizen. Specifically, when will they act on repealing and correcting Don't Ask Don't Tell and Defense of Marriage abominable legislations from the past?
Comments
#1 | MplsVala on October 23 2009 11:28:51
Yay! About time the hate crime protection was extended to the people who need it most right now. We've been trying to correct this omission for quite a while. W vowed to veto it, so it was dead in the water under him. Glad they've finally gotten that through. This is not just a token action. It matters. There are still pockets of insane rednecks who honestly don't believe that beating or killing gays is really wrong, rather than a tribute to their God. Their law enforcement frequently shares their views (that's why they elected them) so taking them to court can be promblematical. A federal statute means that the victims have recourse if the local enforcement are the criminals.

Don't ask, don't tell, will be shot down soon. If for no other reason than it is interferring with our ability to keep well-trained, devoted troops in key jobs. DOMA will be reversed too. Obama seems to be the slow and steady type. I wish he'd move quicker too, but he has a lot to juggle and he's doing okay. I have real hopes that all our citizens will have their civil rights in the reasonably near future. When Obama talked to the Human Rights campaign, he made all the right promises. The only thing he didn't promise that I believe everyone should have, is the right to marriage. He ducked that and just said that all couples should have the same rights, clearly not wanting to call it "marriage" if you're gay.
#2 | ethwc on October 23 2009 13:30:04
Granted, there are pockets of insane rednecks (and perhaps not so red necks) who believe it right to kill or maim gays. Where are these actions not treated as a crime? Texas sentenced the men who killed a black man leading to this type law to death. Is that not a sufficiently draconian punishment whether the animals hated him or not? The animals who killed Mr Shepard have been sentenced to life in prison for the murder. What would have been the impact of adding "hate" to their crime list?

The only possible justification I can see for this legislation is that it allows the Feds to aid in investigating such crimes. I suppose it will also allow prosecution by the Feds in Federal court for hate when local prosecution failed to establish murder charges. In exchange for that added protection, we enter an era in which one might conceivably be indicted for hating someone.

Who will define hatred?
#3 | hok917 on October 23 2009 15:47:38
I agree that the Feds should follow up and investigate these crimes, but it is about time that support for the Gays and Lesbians. States, individually, have made strives to move America forward towards accepting everyone. It is time that our country as whole makes these steps, and finally Congress has stepped in to make the difference. It is one thing to just pass the extension of the legislation, but now they need to follow their word and heavily enforce this protection.
#4 | rwahrens on October 23 2009 22:53:23
ethwc,

The law does not make it a crime to hate someone. That is a straw man intended to stimulate debate. The law makes it a crime to translate that emotion into action.

Sorta like murder, in which we have three different levels, first degree, second degree and third degree. Each is based upon different emotions. Third is usually having to do with robbery, where the death is incidental to the crime and not an intentional action. Second usually has to do with crimes of passion, where someone loses control and goes crazy. First degree is about pre-meditation, or deliberately planned murder.

Each has telltale signs and evidence that allow cops to gather to show a court what the suspects motives were: robbery or merely a beating to hurt someone or perhaps killing for life insurance money.

Killing or assaulting someone because they are a different race, or gay, is no different from doing so because they have money you want or whether they whistled at your girl friend, except in degree.

That degree is what makes it worse, because interracial hatred is what separates people from each other for no better reason than the color of their skin, and gay hatred is about something that is not only invisible, but some thing the target can do nothing about, like the racial thing.

So the hatred is irrational, infectious and harmful to the good order and peace of this country.

Again, hate crime legislation does not make hatred a crime, but it does make putting that emotion to action illegal.
#5 | hok917 on October 25 2009 20:04:07
I agree with rwahrens, the problem with hate crime legislation is a double jeopardy concern. Aren't all crimes hate crimes? Why does someone murder their husbands lover? Why does hate make the crime worse. Every crime is committed because of a fallacy of thought, why should racism be penalized twice?
#6 | rwahrens on October 25 2009 21:00:50
hok917

People kill or attack others all the time without hating them. Most robberies are done by criminals that don't hate their victims at all.

The statutes that make "hate crimes" separate violations or violations that add time to a sentence do NOT add a double jeopardy concern, that was disposed of by the SCOTUS years ago.

A motive, as I explained, can be proven. The law does not make Hating someone a crime. It makes it a crime to take action based upon that motive. So if you attack someone you hate because they are black, or gay, or a woman, and make statements that express that hate, that proves a hate crime. That is further backed up by that usual fact that hate attackers normally do not even try to make it look like a robbery.

A recent clip was shown on Youtube where two guys savagely beat a gay man. When they finished, they walked away, picked up his wallet, walked back to him and tossed it at his feet! They then kicked him a couple of times for good measure, and walked away! If they had taken the wallet, they could have claimed robbery as a motive and perhaps gotten off on the hate crime portion of the charges. Fortunately, they didn't think about that.

Hate crime legislation does not make hating a crime, but it DOES make translating that hate into illegal action a separate crime, different from the illegal action itself.
#7 | sgm1187 on October 25 2009 22:03:56
why should we add time to a criminal sentence for a racist motive... what about timothy mcveigh who hated abortion doctors and murdered many? why do hate crimes not cover this? elevating race to this protection is absurd. let our law enforcement professionals prosecute the existing crimes on the books, instead of adding laws that punish motives. the reason that someone does something is not important, only that the act has been committed
#8 | ethwc on October 30 2009 17:09:17
sgm1187,

It's not so much the issue of race as it is the issue of hatred based on hate. In general, a I said above, I find it disturbing to see laws against mental attitudes. However, with this legislation, it is possible for the Federal courts to try persons found not guilty of the violent crime for violations of hatred and violation of individuals' civil rights. This has been a useful tool in the past and may, on occasion, still be useful. On the obverse side, Canada is undergoing serious threat to free speech because of similar legislation concerning "hate" speech legislation. If you are interested, google or Bing on Exra Levant.
#9 | rwahrens on November 03 2009 10:30:17
why should we add time to a criminal sentence for a racist motive...


Why? Because it causes the haters to stop and think before acting. It adds time to the sentence for the basic violation, so that a hate crime gets a longer sentence. That makes it clear to haters that their actions are not condoned by society, thus, hopefully, they will refrain from taking action in the future.

...what about timothy mcveigh who hated abortion doctors and murdered many?


Timothy McVeigh didn't kill any abortion doctors, unless there were some in the Oklahoma City Federal building he bombed. You need to use Google, it is your friend so you don't embarrass yourself again.

AGAIN! These laws do not punish motives, but the act of translating that motive into action. You can hate all you want, you just can't ACT out that hate.
#10 | rwahrens on November 03 2009 10:38:45
In general, a I said above, I find it disturbing to see laws against mental attitudes.


The hate crime laws are NOT laws against motive or attitudes. You can hate all you want, nobody can make that illegal.

What they CAN do is make it illegal to take that hate and ACT upon it. A hate crime is a separate crime from the violence used to hurt someone. If you strike someone as an act of hate, and make a remark that proves it was a hate crime, you have committed two separate crimes: first, translating the hate into action, and second, the illegal action itself.

Note that the emotion of hate is not illegal, that is something that is within your head nobody can ever know about unless you take action to express that emotion. If that action is illegal, you have committed a hate crime. If you simply express that emotion by speaking, that action is protected speech (unless it is threatening), so that expression of hate would be perfectly legal.

The difference is whether the action you take is legal or not.
Post Comment
Please Login to Post a Comment.
Ratings
Rating is available to Members only.

Please login or register to vote.

No Ratings have been Posted.
Latest Articles
Last 10 Comments
Have They No Shame . . .
11019 seaman93555 - How could anyone forget Senator Kennedy and Health Care Reform so soon? Maybe your agenda has clouded your memory a little? You do not have to look far for other examples. - Peacemaker
Robert Byrd Becomes Longest-Serving Congress Member
11902 [b]How about his stand on Civil Rights! Yeah - Long and Productive.. Senator Robert Byrd (D) opposed the Civil Rights act, we all know this guy right? I mean he is still someone the Dems all loo - Peacemaker
Who Owns the Moon?
11867 Seems the only answer to this question is war...after all it's the "American Way". - Timothy Shay
CIA Seeks U.S. Arabs With New TV Spot
11908 The November 19 column of Obsidian Wings (see it at [u - ethwc
Reid Remains Optimistic on New Health Care Bill
11901 Now that I got that off my chest, I would like to discuss what I believe to be the crux of the health care reform debate. Today, on Alternet, there is a diatribe about insurance companies ongoing den - ethwc
Reid Remains Optimistic on New Health Care Bill
11901 He needs 51 votes to pass the bill. He needs 60 only in the event of a filibuster. While this may be a technicality, it is a fact and it would be nice if we were able to deal in facts at least in so - ethwc
Abortion Rights Attacked by New Health Care Bill
11841 [quote]This provision needs to be stripped in reconciliation.[/quote] Why? So I (Joe Blow taxpayer) will be forced into paying for others elective surgeries?? - BoilerUp
Catholic Church Threatens Washington, D.C. on Same-Sex Marriage
11866 You got it in one! - rwahrens
Who Owns the Moon?
11867 touche humans have always handled expansion the same way...isn't going to change now or in the future. what about all this busienss w/ antarctica? it would be the first - and last - contine - showerjuggernaut
Catholic Church Threatens Washington, D.C. on Same-Sex Marriage
11866 I might consider accepting such sillliness were God to say it for itself. However, when I am told what God intends to be said and that intention is interpreted by self appointed emissaries, I tend to - ethwc
Most Recent Opinion Pieces
Who Owns the Moon?
Women Behaving Badly
Arguing over abortion…haven’t we heard this before?
Will the Droid be an iPhone Killer?
So Bloomberg bought a public office. Your point is…?
Sex sells, but do you have to sell it while I'm eating dinner?
Bloomburg Wins - Using the Power of Money
The Beginning Of The End For Dems
Lessons we won’t take away from Balloon Boy incident
Does "God, the Father" Lead to the Supression of Women?
Hate crime legislation
Controlled scientific experiment
China and North Korea: Finding an Equilibrium
Caveat Emptor
Is This Progress?
Ethics and the Nobel Prize for Literature
WALLOWING IN PESSIMISM
Happy 17th Wedding Anniversary To the Obama’s!
A case of disgraceful bank conduct
An aritst who takes one's breath away
Advertisers
Login
Username

Password



Not a member yet?
Click here to register.

Forgotten your password?
Request a new one here.
Adverts
Top Stories Past 7 Days
Who Owns the Moon? 8
Catholic Church Threatens Washington, D.C. on Same-Sex Marriage 6
Abortion Rights Attacked by New Health Care Bill 5
Reid Remains Optimistic on New Health Care Bill 2
An aritst who takes one's breath away 2
China Warns Obama Against Meeting Dalai Lama 2
Apple Reverses Its Decision on Political iPhone Application 2
UN Security General Speaks at Global Food Security Summit 1
China May Become Global Green Technology Leader 1
Robert Byrd Becomes Longest-Serving Congress Member 1