The recent brutal beating of a transgender woman in a Baltimore McDonald?s has added more fuel to the fiery discussion of hate crimes legislation. The theory behind hate crimes legislation is that prosecutors, judges and juries should have the ability to enhance charges, and the accompanying sentences for those convicted if the crime is found to be motivated by bigotry.
Most people, especially those in populations that have experienced bigotry and hate-related violence, seem to support the idea that hate crimes should be punished more severely than day-to-day crimes. Opponents argue that hate-crimes legislation only serves to create a reverse form of discrimination and complicates the legal process by attempting to ascertain the state of mind of the accused.
On principle, I have to agree with the latter group. I am a fervent supporter of equality, meaning that all defendants and convicted criminals should be treated equally. The punishment for an assault, for instance, should be the same whether the victim is white, black, gay, transgender, elderly, or whatever. Also, it shouldn?t matter whether or not the accused/convicted is white, black, gay, transgender, elderly, or whatever. The crime is the same, regardless of the motivation. The charge and the punishment (upon conviction) should be the same.
I also agree that the determination of when to impose a hate-crimes enhancement creates an ambiguity under law. Just because a straight white man commits a crime against a person of color or an LGBTQ person, does that make it a hate crime? This level of prosecutorial and judicial discretion leaves too much, in my opinion, to the capricious whim of people, and people are inherently flawed.
All of that being said, however, we don?t live in a perfect world. Take, for example, the case of DJ Bell here in Salt Lake City. This man was brutally beaten and then accused of and tried for kidnapping. For over a year this man?s life was turned upside down and inside out, and it?s pretty damn obvious that the problems boil down to his sexual orientation.
Just this past month, QSaltLake reported the beating of a gay man coming out of a club in Salt Lake City. We?ve seen acts of vandalism targeted at a gay-friendly business and a break-in at the Utah Pride Center. Was the break-in a hate crime or was it merely an easy target for someone that wanted to steal a few computers?
In case my all-over-the-place rambling hasn?t made it clear, I am torn on the issue of hate-crimes legislation. In a perfect world, we?d all have equality, and this kind of thing wouldn?t be necessary. But as we all know, this world is far from perfect. The question we must ask ourselves is whether or not this legislative attempt at equality does more good than harm.
The most important aspect of hate-crimes legislation is the discussion that it sparks. As we discuss these issues, more and more people see that there are crimes committed against people solely on the basis of bigotry. Discussing these instances and the means to discourage them is invaluable in our society.
Additionally, it is obvious that our society?s minorities have, and continue to, in many cases, received the short end of the stick from the justice system. Giving law enforcement the ability to enhance the severity of crimes committed due to bigotry does have its advantages.
At the end of the day, I have to conclude that while hate-crimes legislation isn?t the magic bullet that will bring about legal equality in our society, it does begin a much-needed discussion. It is the first step on a journey toward ensuring that everyone in our society is given the same treatment under law. As our society and legal system evolve, I sincerely hope that this sort of thing becomes a relic of bygone times, but for now, there is a practical need, even if philosophically we wish there wasn?t.
Source: http://qsaltlake.com/2011/05/12/the-straight-line-torn-over-hate-crimes/
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