Friday, March 9, 2012

Re: The Fairness of Hate Crime Laws; Even Nonviolent Crime Needs to Be Fought

like hate speech laws ... hate crime laws should be illegal in the
USA.

the same crime warrants the same penalty ... regardless of one's race,
ethnicity, sexuality, etc.

http://www.youtube.com/watch?v=T9SvVn1Sd2k


On Mar 8, 12:59 pm, Tommy News <tommysn...@gmail.com> wrote:
> The Fairness of Hate Crime Laws
>
> The trial of the Rutgers student Dharun Ravi, who secretly videotaped
> his roommate Tyler Clementi with another man before Clementi committed
> suicide, has raised questions about whether Ravi's actions were a hate
> crime or simple boorishness. But some have even questioned whether
> there need to be hate crime laws at all. Do they protect against
> intimidation and bigotry, or are they unnecessary and unfair?
>
> Why We Need Bias Laws
>  Wade Henderson is the president and chief executive of the Leadership
> Conference on Civil and Human Rights.
>
> March 7, 2012
>
> Hate violence is very personal, with an especially emotional and
> psychological impact on the victim — and the victim's community.
> That's because hate crimes are intentionally and specifically targeted
> at individuals because of their personal, immutable characteristics.
> Although the tragic case of Tyler Clementi clearly demonstrates the
> need for greater awareness of cyberbullying and digital privacy and
> safety, it does not present the typical hate crime paradigm.
> Reasonable people can disagree about whether it should be prosecuted
> as such.
>
> When these crimes do occur, we must send an unmistakable message that
> they matter. Like antidiscrimination laws, hate crime statutes, like
> those in 45 states, the District of Columbia, and the recently passed
> federal statute, the Matthew Shepard and James Byrd Jr. Hate Crimes
> Prevention Act, are content-neutral, color-blind mechanisms that
> appropriately allow society to redress a unique type of wrongful
> conduct in a manner befitting that conduct's seriousness.
>
> When these crimes do occur, we must send an unmistakable message that
> they matter.We recognize we cannot outlaw hate. However, laws shape
> attitudes. And attitudes influence behavior. Strong enforcement of
> these laws can have a deterrent impact and limit the potential for a
> hate crime incident to explode into a cycle of violence and widespread
> community disturbances.
>
> Hate crime laws do not punish thoughts. Americans are free to think
> and believe whatever they want. It is only when an individual commits
> a crime based on those biased beliefs and intentionally targets
> another for violence or vandalism that a hate crime statute applies.
> That's why the Supreme Court unanimously upheld hate crime laws
> against a First Amendment challenge in 1993.
>
> Hate violence merits priority attention — and hate crime laws help
> ensure they receive it.
>
> Even Nonviolent Crime Needs to Be Fought
>
>  Hayley Gorenberg is the deputy legal director of Lambda Legal, a
> civil rights group for lesbian, gay, bisexual and transgender people.
>
> March 7, 2012
>
> Controversy accompanies prosecutions under hate crime laws, and
> perhaps that's inevitable; the pattern of discrimination that shows
> people have been targeted based upon their personal traits springs
> from prejudices we have not conquered. The Supreme Court has said, in
> Wisconsin v. Mitchell, that we mete out extra punishment for hate
> crimes because they can "provoke retaliatory crimes, inflict distinct
> emotional harms on their victims, and incite community unrest.''
>
> Thousands upon thousands of lesbians, gay men and transgender people
> have had their lives scarred by discrimination, and countless died
> violent deaths decades before young Matthew Shepard was robbed,
> pistol-whipped and strung up on a fence to die because he was gay. Yet
> even after that murder made headlines, it took more than 10 years to
> pass the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention
> Act in 2009, which, for the first time, applied federal hate crime law
> to crimes motivated by a victim's actual or perceived sexual
> orientation or gender identity.
>
> It's possible to strike deep at one's core without a bullet or a knife
> blade.Even in the face of gruesome crimes it was hard to get lesbian,
> gay, bisexual and transgender people on the map. But perhaps we should
> not be surprised, since we still fight for visibility, and against
> silencing, in law and policy. Yesterday the Department of Justice
> announced a settlement in a discrimination case that stemmed from a
> Minnesota school district's policy that silenced staff members who
> might have intervened against bullying over sexual orientation or
> identity. It was mere months ago that the nation allowed our military
> service members to step from the ominous shadows of "Don't Ask, Don't
> Tell." And today in Puerto Rico, there is a movement afoot to erase
> the Commonwealth's hate crimes law that specifically protects lesbian,
> gay, bisexual and transgender people even as murders of transgender
> women grab headlines.
>
> With regard to the Ravi trial, our legal system recognizes that not
> all crimes draw blood. It's possible to strike deep at one's core
> without a bullet or a knife blade. Whether or not the proof is
> mustered to a New Jersey jury's satisfaction, justice is served by a
> system that has properly acknowledged that if hate is a legal factor,
> it should be recognized in all of its most virulent forms, including
> those leveled at lesbian, gay, bisexual and transgender people for who
> they are.
>
> More:http://www.nytimes.com/roomfordebate/2012/03/07/are-hate-crime-laws-n...
>
> --
> Together, we can change the world, one mind at a time.
> Have a great day,
> Tommy
>
> --
> Together, we can change the world, one mind at a time.
> Have a great day,
> Tommy

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