Crunchy Con

Ohio anti-white "hate crime"

Thursday July 9, 2009

Categories: Law, Race
Again, I don't believe in the concept of hate crimes. I believe in crimes. But if you are a believer in hate crimes as a legitimate concept, then let's hear you call for the hate-crimes hammer to come down hard...
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Comments
Davis
July 9, 2009 9:02 AM

It sounds like it could be prosecuted as a hate crime, if the evidence is there. Police are often reluctant to label it a hate crime during the investigation.

John E. - Agn Stoic
July 9, 2009 9:08 AM

But if you are a believer in hate crimes as a legitimate concept, then let's hear you call for the hate-crimes hammer to come down hard on this black mob in Ohio.

Okay - if Ohio has enacted hate crime legislation, I call upon the prosecutors to bring all those powers to bear on this crime.

So let it be written - so let it be done.

m.e.graves
July 9, 2009 9:09 AM

Yes, Rod, you finally get it. According to this evidence presented, this is a hate crime. The sole reason they were attacked, according to this evidence presented, was due to their being white. The actions committed are not merely a simple, single action towards these victims only, but it sends a clear message to other white people in the area that they, too, can be targeted solely because they are white. That is the reason they committed this crime, Rod; they committed this crime so that other white people in the area can feel fear for no other reason than the fact that they are white.

Todd
July 9, 2009 9:10 AM
http://catholicsensibility.wordpress.com/

Well, Rod, you'll have to come up with more investigative product than surfing the net. Was Mr Marshall in a black neighborhood? What are the local laws regarding crimes of hate or intimidation? What's the crime rate attributed to black gangs in Akron? On the surface, I'd say if Akron whites are feeling intimidated by this, then it qualifies as a crime of intimidation.

But if you're fishing for people to suggest this wasn't racially motivated, I'm not biting. Is every racial crime a hate crime?

Your Name
July 9, 2009 9:24 AM

Yes, Rod, it was a hate crime. The intention of the mob was to make all people who are part of the targeted group feel intimidated.

Evidence?

"'This is our world' and 'This is a black world'".

Exactly parallel to 'This is a STR8 world'.

Did you naively think we wouldn't label it as such?

jack
July 9, 2009 9:29 AM

This kind of thing is a subject everyone knows about, but one that no one seems to know what to do about, given the constraints of our culture. Given this cultural/political institutional inability, the best advice is simply do all you can to avoid groups of such people.

John E. - Agn Stoic
July 9, 2009 9:31 AM

This kind of thing is a subject everyone knows about, but one that no one seems to know what to do about, given the constraints of our culture. Given this cultural/political institutional inability, the best advice is simply do all you can to avoid groups of such people.

Ohio has concealed carry laws. The best advice is to avoid groups of such people, but be armed in case they come looking for you.

Manxman
July 9, 2009 9:32 AM

How sweet it is to be living in Obama's post-racial America!

steve
July 9, 2009 9:45 AM

Look up the statistics and you will find that there are already a lot of anti=white hate crimes reported. If this fits the bill, then file the charges.

Mostly you are just being irrational here Rod. Wouldn't you want an investigation first? You read about this somewhere and decide it should be a hate crime? Does not some of this sound odd? 50 against 3 and nothing was broken or bruised (at least ribs). Ever been in a real fight? Come to my ER some night and you can see the results of a real fight. This report may well be true, or it may be someone scratching Obama on their face kind of stuff.

Investigate, get all the facts and then make charges, including hate crimes, if warranted.

Steve

Larry
July 9, 2009 9:46 AM

It's easy enough to label this as a hate-crime in a blog comment; but will TPTB in Ohio do so? Absent an overwhelming public outcry, I doubt it. This is the danger of these so-called "hate crime" laws, their use is a political decision, not a legal one, they will simply lead to more politicized prosecutions. All laws have this problem to a certain extent, of course, but hate crime laws seem almost to be custom tailored for this use.

celtic dragon critter
July 9, 2009 9:47 AM

Uh, yeah Rod. It looks like a hate crime to me. I doubt that Ohio is going to let this slide, but I have zero problem with a federal Atty Gen getting involved and bringing the hammer down if need be.

Why would you possibly have thought we would say otherwise????

celtic dragon critter
July 9, 2009 9:57 AM

Something that Sigiliris got into yesterday...

If you don't believe in hate crime laws, then you can't believe in terrorism laws either. 9/11 wasn't terrorism...it was just property destruction and 3,000 cases of murder. No such thing as genocide either, under that understanding.

This kind of tortured reasoning to avoid even the appearance of understanding that some groups are disadvantaged or subject to harassment is what makes so many people suspect "conservatives" of actual racism and bigotry. It flies in the face of verifiable human experience, and makes a mockery of justice. As pointed out yesterday, painting a swastika on a synagogue is not the same as painting "Bob was 'ere", yet you, Rod, put your hands in your pockets so to speak and pretend it is.

*sigh*

Black is white and freedom is slavery indeed.

John E. - Agn Stoic
July 9, 2009 10:14 AM

But if the Marshalls' account is verified, this was clearly a racist attack by a black mob against whites. So, what next, hate-crimesters?

I must admit that I am at a loss to understand Rod's almost taunting tone here.

As steve said above, "Investigate, get all the facts and then make charges, including hate crimes, if warranted."

grendel
July 9, 2009 10:14 AM

"Investigate, get all the facts and then make charges, including hate crimes, if warranted."

Amen to that.

I seem to recall that the first person prosecuted under Minneapolis's new hate crimes law was a black kid who assaulted a white kid.

Polichinello
July 9, 2009 10:45 AM

If you don't believe in hate crime laws, then you can't believe in terrorism laws either. 9/11 wasn't terrorism...it was just property destruction and 3,000 cases of murder.

I agree, and you wouldn't need a special law to prosecute anyone involved. 3,000 cases of murder is enough to warrant hanging as it is. We can still describe the act in more colorful terms outside the courtroom, but in legal terms we should stick with the act itself.

No such thing as genocide either, under that understanding.

The term genocide has been wildly distorted to include all sorts of things beyond murder, such as cultural assimilation, it has no place in a courtroom beyond political onanism.

Larry put his finger on the problem. The level of severity attached to the crime becomes more of a political decision.

stari_momak
July 9, 2009 10:47 AM

One of the problems with 'hate crime' is the term itself. It is hard for me to believe that the murder of (immigrant!) Jan Pawel Pietrzak and his black wife by four black men was a love crime. But because we don't have any evidence of the perps shouting Cracker! or whatever (of course the main witnesses are dead) we don't have a 'hate crime'.

http://www.nydailynews.com/news/ny_crime/2008/11/12/2008-11-12_mother_of_murdered_marine_jan_pawel_piet.html

It is hard for me to believe the thugs (who just happened to be African American -wink wink) who sodomized white twenty-something Christopher Newsome in front of his girlfriend, then sodomized and raped his girlfriend, and killed them both did not have hate in their minds. Is hard for me to believe that the white couple weren't targeted because of race. Yet no hate crimes were charged.

http://www.humanevents.com/article.php?id=20794

And here is a white woman who has been intimidated from riding the no. 27 bus in Baltimore, after being beaten while being called cracker etc. by several black yutes. Were other whites intimidated by this attack?

http://www.examiner.com/a-1363391~Kreager__Bus_attack__strengthened_my_soul_.html

Its hard for me to believe that Kristopher Kime, beaten to death by a black mob during Seattle's Mardi Gras days in 2001 wasn't targeted because he was white. And in fact we know that particular killing 'intimidated' the mayor of the city into canceling the next year's 'festivities'. Yet no hate crime, virtually no national media coverage, and even the spot linked below doesn't mention the quite visible fact that this is overwhelmingly blacks attacking whites (One white guy beating on a car)

http://dsc.discovery.com/videos/rampage-mardi-gras-mayhem.html

You see, some victims of hate crimes are more equal than others.

Elizabeth Anne
July 9, 2009 10:49 AM

You're absolutely right, Rod. This was clearly a hate crime and should be charged as such. If it isn't, I hope you'll be posting the contact info for the Ohio AG. So what was the taunting about again? You do realize, right, that non-whites have, on several occasions, been charged with hate crimes against whites, right? (One notable case being in the Dakotas if I remember correctly, when a group of Native American youths pulled something very similar to this case.)

Your Name
July 9, 2009 10:52 AM

celtic dragon critter,

Your defense of hate crime laws using terriorism and anti-semitism as examples makes good sence. I had never thought of it like that. I still think it will be hard to read the minds of some folks but you have me thinking.

Joe
July 9, 2009 10:55 AM

I don't get Rod's taunting tone here, either.

Does he honestly think that those of us who support hate crimes laws would say that whites cannot be victims of hate crimes? Does he think we're inherently anti-white, anti-Christian, etc.? (Even those of us who are white and Christian?)

stari_momak
July 9, 2009 10:57 AM

steve,

The victim in this "suffered a concussion and multiple bruises to his head and eye" .

Franklin Evans
July 9, 2009 10:58 AM

With due respect, If you don't believe in hate crime laws, then you can't believe in terrorism laws either. 9/11 wasn't terrorism...it was just property destruction and 3,000 cases of murder. No such thing as genocide either, under that understanding... is as tortured a logic as any I've seen.

I agree that this has been politicized, that identity groups are getting influence based on their emotional reactions. But the law and its definitions have not changed.

A "hate crime" is defined as an act that is already a crime but is to be prosecuted specifically for the intentions of the alleged perpetrators.

A "crime of terrorism" is a null term, as I understand the law. What happened on 9/11 were acts of war, not "crimes". Indeed, the Patriot Act and the "enemy combatant" thing are all about acts of war, not civil crimes.

Until the advent of hate-crime mentality, the law was the law. Intent was legally recognized during the trial as a mitigating or aggravating circumstance.

Hate crime designations by definition politicize the crime. That is its intent, and that is its primary flaw and danger.

Here's the other thing, and why hate crime laws were motivated: when the law was the law, racists politicized the legal processes by prejudicing them in favor of the majority. The correct fix to that is to remove racists from power. That is the hard way, but the only way you can be sure the process is restored to being balanced for all, and not permissive of privilege (which literally means "private law").

George Sorwell
July 9, 2009 11:01 AM

Maybe you should be made aware of a 1993 Supreme Court ruling Wisconsin v Mitchell.

The ruling was unanimous, the opinion written by William Rehnquist.

alkali
July 9, 2009 11:02 AM

For what it's worth, I don't think the Ohio hate crime statute applies to crimes of actual violence; it applies only to making threats, vandalism, and similar crimes. That strikes me as a pretty sensible distinction: there is a good case that spraying swastikas on a synagogue might be underpunished under the regular vandalism statute; the same problem does not arise with aggravated assault and murder.

I note that the Ohio statute does not cover sexual orientation, which it should.

The text of the statute, with my annotations in brackets, follows:

Ohio Revised Code 2927.12: Ethnic intimidation.

(A) No person shall violate section 2903.21 [aggravated menacing, e.g., making death threats], 2903.22 [menacing], 2909.06 [criminal damaging, like fireboming], or 2909.07 [vandalism], or division (A)(3), (4), or (5) of section 2917.21 [telecommunications harrassment, e.g., crank calling] of the Revised Code by reason of the race, color, religion, or national origin of another person or group of persons.

(B) Whoever violates this section is guilty of ethnic intimidation. Ethnic intimidation is an offense of the next higher degree than the offense the commission of which is a necessary element of ethnic intimidation.

Effective Date: 03-19-1987

wm
July 9, 2009 11:03 AM

i have family in this area - does not much surprise me, I am afraid

...and yet I am still against "hate crimes" legislation - such prosecution will just valorize what those kids did in the eyes of others in their neighborhood that feel the way they do - such a prosecution turns this assault "political" and attaches history, "struggle" militancy, all the Che t-shirted radical trappings to what was simply a mindless, ugly incident of kids acting like asses. Clearly what we have is felony assault. There are pretty stiff penalties for that. I do not want the state examining their belief system, I want it throwing the book at them for assault.

Your Name
July 9, 2009 11:05 AM

I seem to recall that the first person prosecuted under Minneapolis's new hate crimes law was a black kid who assaulted a white kid.

I have heard, though do not recall the source, that Blacks are disproprtionately charged under those laws.

Rich
July 9, 2009 11:06 AM

If you don't believe in hate crime laws, then you can't believe in terrorism laws either. 9/11 wasn't terrorism...it was just property destruction and 3,000 cases of murder...

Just 3000 cases? The person executed for a terrorist act and the person executed for 3000 cases of murder are equally dead.

Liam617
July 9, 2009 11:12 AM

This is a poster-child hate crime.

Alanmt
July 9, 2009 11:22 AM

I would investigate this crime as a possible hate crime and, if the victims' statements were credible, charge it as such.

There Rod, that wasn't so difficult, was it? I guess we are not the giant hypocrites you had us pegged for now, are we? We apply our principles objectively and even-handedly. Don't worry, I forgive you the slight.

That said, there were very few objectors to hate crime enhancements until the issue came up of applying them to homosexuals. This seems to be yet another area where the obsessive reactive dislike to treating homosexuals as equal citizens overwhelms more rational analysis and becomes the determinative factor on any political issue remotely impacting gay equality.

Your Name
July 9, 2009 11:22 AM

I would investigate this crime as a possible hate crime and, if the victims' statements were credible, charge it as such.

There Rod, that wasn't so difficult, was it? I guess we are not the giant hypocrites you had us pegged for now, are we? We apply our principles objectively and even-handedly. Don't worry, I forgive you the slight.

That said, there were very few objectors to hate crime enhancements until the issue came up of applying them to homosexuals. This seems to be yet another area where the obsessive reactive dislike to treating homosexuals as equal citizens overwhelms more rational analysis and becomes the determinative factor on any political issue remotely impacting gay equality.

stari_momak
July 9, 2009 11:22 AM

About Wisconsin v. Mitchell,

The respondent, Todd Mitchell, was with a group of other African American individuals in an apartment complex in Kenosha, Wisconsin. Members of this group were discussing the film Mississippi Burning; in particular, a scene in which a white man beat a young black boy who was praying. [my emphasis] According to the facts, undisputed by the respondent, in the briefs filed in lower courts, the group had discussed the scene indoors while drinking, and later moved outside the apartment complex. Outside they were joined by Mitchell and further discussed the scene. Seeing that everyone is enraged, Mitchell asked the group, "Do you all feel hyped up to move on some white people?"

You see a problem inherent in hate crimes laws. They almost inevitably morph into restrictions on speech. Here we have an example of a movie (fictional, btw) which clearly had a political intent inciting a hate crime. I doubt many of you would want to ban Mississippi Burning. This is where many of the hate crime legislation promoters want to go. This is where some of the commentators here want to do. In fact I believe the latest legislation includes something about 'promoting hate' via electronic means. Canada of course has already crossed this line, prosecuting people for speech which is said to incite hatred, as has the UK.

J
July 9, 2009 11:23 AM

Matthew Yglesias has recently been pointing out that if you only read conservative commentary, you'd think all the victims of racism in the US nowadays are white people.

I'd modify that slightly by noting that conservatives will write about racism (even if the victims are black or hispanic) as long as the racists in question are liberals ("liberal hypocrites!").

Likewise, conservative southerners will add one more exception -- they'll highlight anti-black racism as long as it occurs north of the Mason-Dixon line ("yankee hypocrites!").

Aside from these exceptions, though, you pretty much never hear any conservative nowadays saying one word about racism. As far as I can tell, they just don't care about it unless it can be used as a tool to bash their rhetorical opponents with.

So, for example, on Rod's blog recently, we see (a) condemnations of a Hispanic supreme court nominee for failing to stand up for the rights of white firefighters; (b) finger-pointing at a country club in Pennsylvania for trying to keep away inner-city black kids; and (c) this story about a black mob in Ohio attacking white people.

This explains a lot. For example, in the post at the top of this thread, Rod writes:

But if the Marshalls' account is verified, this was clearly a racist attack by a black mob against whites. So, what next, hate-crimesters?

John E. is confused:

I must admit that I am at a loss to understand Rod's almost taunting tone here.

John, it's because Rod is again using this incident as a rhetorical weapon to bash liberals. More specifically, he assumes liberal proponents of hate-crime laws are likewise insincere -- he assumes that they're only interested in those laws as long as they are used to convict white criminals, not black criminals. If that were true, he'd be treated to the amusing spectacle of watching his commenters hem and haw and try to explain why this incident doesn't qualify as a "hate crime".

The problem is that, unsurprisingly to everyone but Rod apparently, nobody has any trouble describing this incident as a hate crime or agreeing that it should be prosecuted as such (if the facts of the case are as presented and if Ohio has a hate-crimes law that would cover this kind of violent incident).

To be fair, I'm sure many of us leftists who comment here have our own blind spots that are as large as, or larger than, this one.

Alanmt
July 9, 2009 11:27 AM

Sorry for the double post.

Rod Dreher
July 9, 2009 11:36 AM

Mostly you are just being irrational here Rod. Wouldn't you want an investigation first? You read about this somewhere and decide it should be a hate crime?

No, I said in my initial post -- really, read before you post -- that if these details reported are "verified," then it's obvious that it should be a "hate crime," by the standards of these things.

But look, what if this black teenage mob had assaulted these white people without shouting racially incendiary remarks? The effect, I assure you, would be to terrorize white people who lived in the area, just as surely as a white mob assaulting a black family would terrorize area blacks, even if the whites uttered no words during the assault except the poetry of Wordsworth. The act of racial intimidation will have been accomplished. For that matter, when I lived on Capitol Hill in the 1980s, in Washington DC, crime was a much bigger deal than it is today. And that crime was almost exclusively committed by blacks. If you saw a black male under the age of 30 coming down the street, and he wasn't dressed for the office, it made perfect sense for you to be wary. A colleague of mine at work, a white guy, was held down in his driveway with his girlfriend, a gun pressed to his temple, by a black criminal who stole his and her wallets. It scared him so bad that he left the city. Was this assault by a black male armed robber -- and again, in our part of Washington DC, the robbers were all black males -- a hate crime, because it made this white guy too afraid to remain in the city?

When I moved back to Washington in 1992, I was walking down a Capitol Hill street, going to look at apartments, when I passed a group of 10 and 11 year old black boys, a couple of them on bikes. As I walked past, they started calling me racist names. I didn't say a word, because it had been in the paper the week before that a kid about that age had been carrying a handgun under the seat of his bicycle, and shot somebody he had argued with. So there was I, a 25 year old man, intimidated by the racial hostility of a group of snot-nosed black kids, because I didn't know if they might be armed. They committed no crime against me, but if they had robbed me, would that have been a hate crime, because their filthy little mouths were full of racist invective?

I don't think so. It would have been a crime, but only a crime. I don't feel comfortable with judges and juries bringing in an accused criminals subjective feelings about races, religions and classes of people into an evaluation of their alleged crimes. Last week in Dallas, three whites were arrested and charged with the robbery and murder of an Iranian cabdriver. Judging from the look of these three, and their socio-economic backgrounds, I would not be in the least surprised if they harbored racial/ethnic hatred toward Iranians. Is that why they targeted this cabbie? Or was that incidental to their targeting? Why should prosecutors have to try to figure this out? It makes no sense to me.

Franklin is right: hate-crimes laws inherently politicize crimes. They mean well, but they ought not be on the books.

Trey
July 9, 2009 11:41 AM

Of course it was a hate crime. What's up with the race-baiting?

alkali
July 9, 2009 11:43 AM

Further to stari-momak's post, here is a paragraph from Chief Justice Rehnquist's opinion for the unanimous Supreme Court in Wisconsin v. Mitchell (I have omitted citations to the record and punctuated a profanity):

On the evening of October 7, 1989, a group of young black men and boys, including Mitchell, gathered at an apartment complex in Kenosha, Wisconsin. Several members of the group discussed a scene from the motion picture "Mississippi Burning," in which a white man beat a young black boy who was praying. The group moved outside and Mitchell asked them: "Do you all feel hyped up to move on some white people?" Shortly thereafter, a young white boy approached the group on the opposite side of the street where they were standing. As the boy walked by, Mitchell said: "You all want to f--k somebody up? There goes a white boy; go get him." Mitchell counted to three and pointed in the boy's direction. The group ran towards the boy, beat him severely, and stole his tennis shoes. The boy was rendered unconscious and remained in a coma for four days.

I am not sure what this has to do with restricting speech or banning "Mississippi Burning."

MWorrell
July 9, 2009 11:59 AM

They don't call Akron "Crack-ron" for nothing. As a reader of the Akron paper every day, there's no surprise here, race entirely aside. The concealed carry law in Ohio means that occasionally the perp gets shot dead, which may not solve everybody's problem, but it at least solves someone's.

ChuckDFW
July 9, 2009 12:06 PM

If your logic is followed (a crime is a crime) then I assume you are against different penalties attached to a deliberate, pre-meditated, murder by dismemberment and a criminally negligent act (e.g. texting while driving) that kills a pedestrian.

Our legal system -- and any sane system -- differentiates between motives and circumstances. To deny that is...well, silly.

Franklin Evans
July 9, 2009 12:17 PM

Negative proof is always a dangerous tack to take, so grains of salt, etc...

Every other year or so, I dutifully show up at our district court for jury duty. The room is very diverse, reflecting the diversity of Philadelphia's demographics, though only randomly does it match the proportions I see in our waiting room.

As one might expect, the vast majority of criminal cases seen day to day involve a minority defendent, minority plaintiff, or both.

Our media do not hesitate to describe in painful detail issues around race relations. One thing you won't see very often, though, is the "race card" being played in criminal trials.

To top off my anecdotal offering here: The one criminal trial I've sat for (so far) as a juror involved a black defendant and black victim. Our jury had only three blacks on it. At no point in the trial or during our deliberations was race raised as an issue, directly or peripherally.

Alanmt
July 9, 2009 12:27 PM

stari_momak:

I think you have disproved your own point. The Wisconsin case was decided in 1993, sixteen years ago. Mississippi Burning hasn't been censored since then.

Nice fear-mongering though.

You can hate on people because of their race, religion or sexual orientation all you want to, and you won't face any criminal charges as long as you, well, don't actually commit a crime while doing so. Unless you are discriminating in a way that our constitution and laws forbid, the only consequences you are likely to face are social ones - general shunning by respectable members of society, and loss of friends and distancing of family members.

Franklin Evans
July 9, 2009 12:27 PM

Chuck, you describe what I mentioned earlier: the law clearly distinguishes intent during the trial, because "degree" of a crime is a part of the statutes. However, it does not pre-judge the defendent. It simply instructs the prosecutors on which degree of the crime should be named in the indictment.

Even more basic, intent as shown in action draws a line of distinction. If one causes the death of another, that is manslaughter. If one decides to attack another, and that attack results in death, that is murder. I am oversimplifying, I know, but again we should be examining the pre-hate-crime laws not for their shortcomings, but for how they are interpreted and enforced.

Allow me to reiterate and expand my main point: The criminal justice system, de facto, has for a long time been politicized in favor of the majority. Studies have been done, matching details as closely as possible, showing that blacks (for example) get harsher sentences than whites when the rest of the details are equal. If we are to address the inequities, we should act towards the root cause, not replace the beneficiaries of the politicization with those formerly getting the shaft as a result.

bjk
July 9, 2009 12:30 PM

Where can I buy my "AKRON 6" t-shirts?

Your Name
July 9, 2009 12:33 PM

Rod,

how about this for hate crime. From the NYTimes magazine:

JUSTICE GINSBURG: Yes, the ruling about that surprised me. [Harris v. McRae — in 1980 the court upheld the Hyde Amendment, which forbids the use of Medicaid for abortions.] Frankly I had thought that at the time Roe was decided, there was concern about population growth and particularly growth in populations that we don’t want to have too many of.


who are these populations "we don't want to have too many of". If Gov Palin would said anything along these lines she would have been eviscerated as a racist not given a prestige piece in the NYTimes. I am waiting for Andrew to attack.

Franklin Evans
July 9, 2009 12:33 PM

One more thing, then I'll move out of the way:

When it comes to the dynamics of a society, it is always easier to pass a law and claim victory than to go out into the community and advocate for change. The former is a sop to those clamoring for redress, those same often going silent even though the law didn't actually make a difference. The latter is an effort of months or years, it shows little in the way of quantifiable results... and history shows that it is the most effective way to create actual change.

Glenda Jackson
July 9, 2009 12:34 PM

Something is wrong with this story and you are all too happy to assume the worst, if it makes you feel superior. 1. Six people were not attacked, 2 were. 2. The other "friends" were not hurt badly, are not speaking out, and are not even identified. 3. Initially, there was one guy and one attacker. Random? who's to say? 4. the article says the guy spent 5 days in intensive care. If it happened the night of the 4th, today is the 9th and he's up and around and doesn't look too much worse for wear - think about it a minute...this makes no sense.
terrorism! racism! poor unsuspecting white family innocently celebrating their cunty's heritage

GULLIBLE!

Glenda Jackson
July 9, 2009 12:34 PM

Something is wrong with this story and you are all too happy to assume the worst, if it makes you feel superior. 1. Six people were not attacked, 2 were. 2. The other "friends" were not hurt badly, are not speaking out, and are not even identified. 3. Initially, there was one guy and one attacker. Random? who's to say? 4. the article says the guy spent 5 days in intensive care. If it happened the night of the 4th, today is the 9th and he's up and around and doesn't look too much worse for wear - think about it a minute...this makes no sense.
terrorism! racism! poor unsuspecting white family innocently celebrating their country's heritage

GULLIBLE!

armchair pessimist
July 9, 2009 12:42 PM

Sometime back there was a hilarious piece in a Brit paper about a tribe of cannibals which had strong ethnic preferences. They disliked white meat, too stringy, but were very fond of Asian. Presumably, then, their killings are racially motivated although tender love and not hate would clearly be at work here. Now the article didn't say whether Asians appreciated being thought superior or how blacks or whites felt about being thought inferior. But racism is inherently and deeply hurtful, so we can take it that they were at least miffed. Certainly, diversity training would be helpful but as I can't remember where the tribe lives it will have to wait for another day.

John E. - Agn Stoic
July 9, 2009 12:49 PM

Me: I must admit that I am at a loss to understand Rod's almost taunting tone here.

J: John, it's because Rod is again using this incident as a rhetorical weapon to bash liberals. More specifically, he assumes liberal proponents of hate-crime laws are likewise insincere -- he assumes that they're only interested in those laws as long as they are used to convict white criminals, not black criminals. If that were true, he'd be treated to the amusing spectacle of watching his commenters hem and haw and try to explain why this incident doesn't qualify as a "hate crime".

The problem is that, unsurprisingly to everyone but Rod apparently, nobody has any trouble describing this incident as a hate crime or agreeing that it should be prosecuted as such (if the facts of the case are as presented and if Ohio has a hate-crimes law that would cover this kind of violent incident).

Me: I see what you are saying, J, but that is the very thing that surprises me - Rod knows this crowd well enough (or should) to realize the almost all the liberals and other folk who would be in favor of hate-crime laws would, in fact, be in favor of applying them evenhandedly and that this case, assuming the facts, would be a slam-dunk decision.

It is almost like Rod had morphed into a Mallard Fillmore cartoon or something.

Chad Scott
July 9, 2009 1:15 PM

Glenda what if it was a black family being attacked by a white gang yelling this is a "white world"? Would you be so understanding of the mob? Would you make light of this man's beating in front of his family if he was a black man?

Spambalaya
July 9, 2009 1:20 PM

4. the article says the guy spent 5 days in intensive care. If it happened the night of the 4th, today is the 9th and he's up and around and doesn't look too much worse for wear - think about it a minute...this makes no sense.

According to the article, the assault happened on June 27, not July 4.

I do have questions about the account of the incident myself, including the others you cited. However, it certainly qualifies as a hate crime if the particulars are true.

celtic dragon critter
July 9, 2009 1:27 PM

Just 3000 cases? The person executed for a terrorist act and the person executed for 3000 cases of murder are equally dead.

Terrorism charges can extend to people who aided in some way in addition to charges of conspiracy. The terrorism addition can warrant the death penalty whereas conspiracy may not...any body familiar with federal criminal statutes please feel free to chime in and correct me if necessary. In any event, hate crimes and terrorism charges are enhancements as well as charges in of themselves.

Franklin is right: hate-crimes laws inherently politicize crimes. They mean well, but they ought not be on the books.

Talk about overlooking the obvious.

Some crimes are innately political acts because they fundamentally change the nature of society and who gets to participate!!!!

When a gay man is murdered by savage beating in South Carolina and his killer gets less then three years in prison, it is impossible to conclude that politics (social and administrative)are not deeply involved. When black people, white people or any other group are denied the protection of law or forced to leave an area due to fear, there are political consequences and considerations.

Sorry Rod, but you are trying to find some cosmic balance that does not empirically exist.

Franklin Evans
July 9, 2009 1:30 PM

GULLIBLE!

To which, Glenda, I would add POOR READING AND COMPREHENSION SKILLS! ...as Spambalaya has already pointed out to you, and on which I join Rod concerning the comments by some other "readers" here.

It was an incident, and doesn't become a crime until charges are brought, alleged perpetrators are arrested, and at least a preliminary hearing is held.

Carry on... oh, wait, many of you are already. :-(

celtic dragon critter
July 9, 2009 1:31 PM

John E

It is almost like Rod had morphed into a Mallard Fillmore cartoon or something.

I agree. It is almost dumbfounding to read this kind of unthinking, reflexive posturing from Rod. I expect better, honestly.

Franklin Evans
July 9, 2009 1:34 PM

So, CD Critter, how do you respond to the concept that previous political beneficiaries of inequities in criminal justice proceedings should be replaced by those who suffered from those inequities? I don't think Rod is -- or I am -- looking for "cosmic balance". Indeed, I believe that those pushing for hate crime laws are seeking revenge instead of trying to make the system work as it was designed to work.

Polichinello
July 9, 2009 1:35 PM

If your logic is followed (a crime is a crime) then I assume you are against different penalties attached to a deliberate, pre-meditated, murder by dismemberment and a criminally negligent act (e.g. texting while driving) that kills a pedestrian.

You're confusing intent with motivation. The problem with punishing motivation, no matter how execrable it may be, is that bad motivation is defined by current social and political conventions. It's impossible not wind up enshrining these things in the law to one degree or another, but it should be avoided when possible.

Athanasius
July 9, 2009 1:38 PM

This happened almost a week ago, now, yet still no comment from Al Sharpton or Jesse Jackson.

Polichinello
July 9, 2009 1:43 PM

Matthew Yglesias has recently been pointing out that if you only read conservative commentary, you'd think all the victims of racism in the US nowadays are white people.

Conservative commentary emphasizes anti-white incidents to counter the impression that "whitey" is main culprit in today's society. Second,e most anti-white incidents never go above a local level outside of Drudge. Someone has to make up for this slack. Look at the big pity pool party being thrown over the Philadephia incident, where no one was physically assaulted. It gets coverage on CNN. But here you have a gang of dozens attacking, uttering racial epithets, and it's, at best, a link on Drudge. Look at the Duke rape case, and compare it any number of similar cases where the races are reversed and there is no media coverage whatsoever. Finally, there are several legal and social remedies available to victims of white racism. White victims, OTOH, will not be given the same amount of help, and have sometimes been greeted with hostility.

So, yeah, Matt and J, that's what happens. If you don't like it, eff you. Do something about it.

Geoff G.
July 9, 2009 1:57 PM

Some people have asserted that the hate crimes laws are applied unevenly, depending on whether the victim is black or white (or some other race).

Here's the FBI stats from 2007.

69.3 percent were victims of an offender’s anti-black bias. 18.3 percent were victims of an anti-white bias. 4.7 percent were victims of an anti-Asian/Pacific Islander bias. 1.5 percent were victims of an anti-American Indian/Alaskan Native bias. 6.1 percent were victims of a bias against a group of individuals in which more than one race was represented (anti-multiple races, group).

Whites makes up the second largest group of victims (although with less than a third of reported cases vs. blacks). That suggests that hate crimes prosecutions based on attacks against whites are happening.

My observation of DA's offices is that whenever possible they will pile on the charges. It strikes me as highly unlikely that a prosecutor will forgo the opportunity to add on the "hate crimes" designation whenever they can, regardless of the races involved.

celtic dragon critter
July 9, 2009 2:02 PM

So, CD Critter, how do you respond to the concept that previous political beneficiaries of inequities in criminal justice proceedings should be replaced by those who suffered from those inequities?

Huh?

I don't think Rod is -- or I am -- looking for "cosmic balance". Indeed, I believe that those pushing for hate crime laws are seeking revenge instead of trying to make the system work as it was designed to work.

Really? You want crime "A" treated the same as crime "B" when they are different in effect if not in kind. There is no "revenge" about it, and I am wondering where you get that idea. Again:

Spraying a swastika and neo nazi slogans on a synagogue is not the same as spraying "Kilroy was here", and trying to go through mental gymnastics and claim that they are one and the same crime of vandalism flies in the face of history, empirical experience and common sense. One is a hate crime, because the community is actually threatened. One is not, and I assume you have sense enough to see the distinction.

Arguments made earlier to the effect that a victim of murder is just as dead as a victim of terror misses an essential truth: Terror, hate crimes and genocide threaten the nature of society in ways that purely self fulfilling crime does not. They attack the very standards upon which a society rests, and invite others to cower in fear or join in. They are the apotheosis of Hobbes' predictions that the lot of man is to live in war, and they destroy the social contract between man and the state. This is why they must be sanctioned to a higher degree, and why they must be taken more seriously. You and Rob are wrong in this regard. Dead wrong.

You may as well argue that since a victim of negligent homicide is just as dead as a victim of premeditated murder with malice, they should be viewed the same as well...

hattio
July 9, 2009 2:03 PM

Franklin Evans says;

"To top off my anecdotal offering here: The one criminal trial I've sat for (so far) as a juror involved a black defendant and black victim. Our jury had only three blacks on it. At no point in the trial or during our deliberations was race raised as an issue, directly or peripherally."

Franklin, you just don't know that race wasn't raised at trial. You only know it wasn't raised in front of you, the jury. Those are two very different questions. There may very well have been pre-trial work on race and a protective order issued.

To coment on the main thrust of the post, of course this is a hate crime (if the facts as reported are accurate). I don't actually support hate crime legislation, but if we're going to have it, it should apply (assuming it covers major crimes, some poster said it doesn't in Ohio). Rod, you may want to consider why you expected commenters here who support hate crimes legislation to be against it. Could you possibly be a little blind and tone deaf on this issue?

ChuckDFW
July 9, 2009 2:09 PM

Franklin:

You may wish to consider this. It's one of the best expanations for 'hate crime' legislation I've encountered:

dneiwert.blogspot.comSLASH2007SLASH10SLASHspreading-ignorance.html

Excerpt from David Neiwert:

Hate crimes are message crimes: They are intended to harm not just the immediate victim, but all people of that same class within the community. Their message is also irrevocable: they are "get out of town, nigger/Jew/queer" crimes.

That's why bias-crime laws are about imposing stiffer sentences on their perpetrators: they cause more real harm to the community. This principle -- greater harm brings stiffer punishment -- is a basic element of criminal law.

The point is that the crime commited is not directed solely against the victim, but is used to leverage the desired reaction from the victim's 'class'.

This is quite different from revenge.

the stupid Chris
July 9, 2009 2:32 PM

I don't feel comfortable with judges and juries bringing in an accused criminals subjective feelings about races, religions and classes of people into an evaluation of their alleged crimes.

If we shouldn't allow judges and juries to bring in accused criminals' subjective feelings about their victims then the concept of motive goes right out the door.

Motive matters. Hate crime legislation was designed to get judges and juries to consider motive in crimes that are lesser than murder. Say someone keyed your car. Was it just that their keys were hanging out of their back pocket while squeezing into their car, was it because they were PO'd at the way you parked, or was it because they didn't want "your type" in their neighborhood. The answer matters, it's the difference between an accident, an act of hot-headed vandalism, or an attempt to intimidate your community.

Doing away with motive is dangerous, but that's what you'd have us do, Rod.

Dorita
July 9, 2009 2:33 PM

The dates in the article are pretty screwy. The main article states that the attack happened on June 27th and this was after 'celebrating patriotism and freedom at a fireworks show.' But the caption under the picture says they were at a Fourth of July event.

So which is it? Or does Akron hold the Fourth of July on The Twenty-seventh of June?

stari_momak
July 9, 2009 2:41 PM

alkali, it is clear from the case syllabus that Mississippi Burning directly provoked the 'hate' crime against the white kid. Now -- and this goes to answer Alanmt -- there is plenty of agitation today to ban certain types of 'hate speech'. It has already been done in the UK and Canada

http://www.nytimes.com/2008/06/11/world/americas/11iht-hate.4.13645369.html

And while we do have a very strong First Amendment tradition there is increasing agitation to ban 'hate speech' , which is justified by so-called 'hate crimes'. See here where 'Latino students' want to ban the mild mannered Mark Krikorian because he opposes mass immigration and that is insulting.

http://www.wzzm13.com/news/news_article.aspx?storyid=81842

Here are professional Latinos (in both senses) agitating with the helpful title 'Hate Speech is not Free Speech') and requests for FCC inquiries.

http://www.latinosagainsthatespeech.org/

What does this have to do with 'hate crime'. Plenty, as these anti-free speech folks always quote 'increases' in hate crimes, to justify their shutting down debate.

Well as a person of whiteness, I can point to a very specific example of the film Mississippi Burning inciting violence -- 'hate' violence against my group. And indeed I can probably make the case that this is exactly what the filmmakers wanted, to incite hate against a certain class of people (white, particularly southern, gentile) , though presumably they would think this actual violence went a bit far. But who cares, I want the thing banned.

iw
July 9, 2009 2:54 PM

If you call this a hate crime I feel sorry for you. You have bought in to the silliest of notions brought on by the left. It was a pure and simple assault. Tre3at it that way and get away, no run away from the "Hate Crime" crap.

Pat
July 9, 2009 2:55 PM

J wrote: "...if you only read conservative commentary, you'd think all the victims of racism in the US nowadays are white people... conservatives will write about racism (even if the victims are black or hispanic) as long as the racists in question are liberals ("liberal hypocrites!"). Likewise, conservative southerners will add one more exception -- they'll highlight anti-black racism as long as it occurs north of the Mason-Dixon line ("yankee hypocrites!")."

This pinpoints exactly why reading Crunchy Cons has felt like being in Bizarro World for the last week or so. You left out the one where scientists are mean to creationists.

I'm waiting for a post about a baby biting an alligator. I like stories about alligators.

MidnightWalker
July 9, 2009 3:36 PM

There was a white mob that beat up and killed a hispanic illegal alien in Shenandoah, Pa., and the local all-white jury let them off, remember?

Your Name
July 9, 2009 3:37 PM

Joe:

Does he honestly think that those of us who support hate crimes laws would say that whites cannot be victims of hate crimes? Does he think we're inherently anti-white, anti-Christian, etc.? (Even those of us who are white and Christian?)>>

Add "anti-American" and you pretty much have summed up the decades-long Republican position on any white person who is impure in his support for the Grand Old Party.

MidnightWalker
July 9, 2009 3:38 PM

My point is: a mob doesn't get "off the hook" because they're black.

MidnightWalker
July 9, 2009 3:46 PM

And if we had national health insurance, Marshall wouldn't be facing thousands of dollars in medical costs!

Cecelia
July 9, 2009 4:28 PM

John E

It is almost like Rod had morphed into a Mallard Fillmore cartoon or something.

I agree. It is almost dumbfounding to read this kind of unthinking, reflexive posturing from Rod. I expect better, honestly.

as Rod recently said - page count=money

I think this should obviously be investigated and if it meets the criteria of Ohio's law for hate crimes then it should be treated as such. According to an earlier poster it seems as if assault is not covered under Ohio's hate crime laws - so it looks like it would not be prosecuted as such.

What is particularly disturbing about the incident is how it reminds us of the problems with mobs - large groups - especially large groups of young men. Wisdom would seem to dictate that if one sees a large group of young men coming down the street - especially in a loud and disorderly fashion - getting inside would be a good idea! I bet none of those kids as individuals would have assaulted this family.

MidnightWalker
July 9, 2009 4:30 PM

Did the "black mob" ONLY hurt the uninsured Marty Marshall???

Franklin Evans
July 9, 2009 4:30 PM

Hattio, do please remember that I used "anecdotal" precisely because I did not intend to make a blanket assertion. What I do know, from being selected for that jury and other juries, as well as being in the selection process more times on top, that when race is a bona fide aspect of the trial then the questions asked of the jury include one to determine racial prejudice... and the news media will report on it as well. Hence my caution about negative proofs: you're right, we don't know if it wasn't reported or the prospective jurors (in my case) didn't hear it.

Maybe I should not have used my personal experience in this... sigh. :-)

bd_rucker
July 9, 2009 4:33 PM

I don't believe in the concept of "hate crimes." Crimes should be prosecuted period, no matter if the perpetrator was making ethnic slurs or not. No matter who what color the victims are, or aren't.

Franklin Evans
July 9, 2009 4:46 PM

The point is that the crime commited is not directed solely against the victim, but is used to leverage the desired reaction from the victim's 'class'.

And my point, Chuck -- and to you too, CD Critter -- is we already had a class-based inequity abetted and enforced by a racial (ethnic and religious!) majority. Hate crime laws do nothing but remove that majority and replace it with a series of classes defined by minority status.

If it was immoral before, what makes that moral now? :-(

CD... I get the feeling that you've lumped me in with the enemies of equal protection of the law, and any point I try to make agains hate crime legislation is going to fail on that filter. If I'm wrong about that, maybe you can enlighten me, because so far every rebuttal you've raised is a straw man.

Three people died in a drive-by shooting 100 feet from my back door, a few years ago. It was a drug territory dispute, and the murderers were caught, tried, convicted and will be in jail long after I'm dead.

After 9/11, a soveriegn nation's government was deposed by force, and the perpetrators of the murder of 3,000+ people were either killed or forced into hiding (that last outcome being, for me, a source of national shame perpetrated by GWB, because the Idiot should have hunted them all down before even thinking about Iraq, but I digress).

So, tell me: what was the difference between the drug-motivated murder and the act of terror (I call it act of war, but I'll let that go for now)?

Now, tell me the difference between a black man killed by a white man while arguing over a woman, vs. the same murder motivated by the white man's racist rage because the black man was in love with the white man's sister?

A black man is dead via 1st-degree murder, and in both cases the white man if convicted either goes to prison for life or is executed. There is no further difference in the eyes of the law, and if there is going to be racial fallout from the latter scenario then that is the fault of a society with embedded racism in the people. No law changes that. Social activism will change it. From my 12:33 post above:

When it comes to the dynamics of a society, it is always easier to pass a law and claim victory than to go out into the community and advocate for change. The former is a sop to those clamoring for redress, those same often going silent even though the law didn't actually make a difference. The latter is an effort of months or years, it shows little in the way of quantifiable results... and history shows that it is the most effective way to create actual change.

Silence is death, CD, especially after a period of noise that goes softly into the night because those speaking have been deceived.

celtic dragon critter
July 9, 2009 5:03 PM

Hate crime laws do nothing but remove that majority and replace it with a series of classes defined by minority status.

No. It recognizes reality.

If it was immoral before, what makes that moral now? :-(

You seem determined to confuse the history of a majority that took advantage of minorities by manipulating the law ...with laws that make sure that minorities (and the fabric of society)are actually protected to the same degree that you are. If you think that it is moral for a killer to get life imprisonment for killing (hypothetically) you, and two years in prison for killing me, then we have nothing to really talk about.

If you are determined to see this as a zero sum, minority entitlement gig, then nothing I or anybody else can say will disabuse you of your delusion.

celtic dragon critter
July 9, 2009 5:08 PM

CD... I get the feeling that you've lumped me in with the enemies of equal protection of the law, and any point I try to make agains hate crime legislation is going to fail on that filter. If I'm wrong about that, maybe you can enlighten me, because so far every rebuttal you've raised is a straw man.

Even if you are against differential protection, you argue for the very continuance of it. How I am supposed to parse that?

"I don't want GLBT murderers to get sentenced to 5 years (suspended)...I just don't want anything substantive done to stop it because I think it's discrimination...

smh...

Your Name
July 9, 2009 5:14 PM

Franklin:

I'll grant your point -- but only in the context of how you've selected the salient issue. Even in that context you seem to fault enumerating minorities rather than having 'blanket' coverage.

IMHO blanket coverage would be fine. And maybe it would solve Rod's problems. (No, probably not :] ) But that's different than ignoring other facets of the issue, specifically the one outlines by Neiwert. Society has a right to discourage via the legal system some types of behavior and to adjust the penalty accordingly.

Seems we're shining a light on different aspects of this.

celtic dragon critter
July 9, 2009 5:19 PM

IMHO blanket coverage would be fine. And maybe it would solve Rod's problems. (No, probably not :] ) But that's different than ignoring other facets of the issue, specifically the one outlines by Neiwert. Society has a right to discourage via the legal system some types of behavior and to adjust the penalty accordingly.

Agreed, and it is my understanding that almost everybody is, in fact, covered under existing federal hate crimes laws...except for GLBT people. It seems a little odd.

Anyway, I'm off to present a power point show on muscle, bone and joint injuries. Joy.

Larry
July 9, 2009 5:24 PM

If you think that it is moral for a killer to get life imprisonment for killing (hypothetically) you, and two years in prison for killing me, then we have nothing to really talk about.

But you, and other hate crime advocates, are just pushing for the opposite, you want killing a gay person, for example, to carry harsher penalties than killing someone who is straight.

Reader
July 9, 2009 5:30 PM

It was interesting to see the difference in the way the incident was described by a local newspaper and on the website of a local tv station (channel 5).

The newspaper article provided more detail, including the race of the kids (all black); the size of the group (as many as 50); the degree of violence involved (one male victim was hit and kicked for a few minutes and said it was like they were trying to take his head off his shoulders); and, things they were chanting ("it is a black world!).

The article in the channel 5 website made it seem like a much less violent incident involving a smaller group of assailants, never told the race of the assailants, and never told the reader what some of the assailants were chanting. However, the tv station article did say the assailants were as young as 9, so I guess it could not have been that bad.

I much prefer obtaining the truth from sources such as that local newspaper, than from non-trustworthy news sources such as that local channel 5 website.

Geoff G.
July 9, 2009 5:36 PM

ChuckDFW quoted David Neiwart:

Hate crimes are message crimes: They are intended to harm not just the immediate victim, but all people of that same class within the community. Their message is also irrevocable: they are "get out of town, nigger/Jew/queer" crimes.

Very interesting. So a hate crime merits a strong sentence because of the message it contains. It's two crimes in one: a physical act (which is separably prosecutable) and a particular statement being made.

I think this gets to the nub of the problem. If the statement behind a hate crime is merely "I don't like group X", I don't see how people can be punished for that. That's a free speech issue.

If the statement behind a hate crime is a threat, I still think there's a free speech issue. Assuming that most law on threats and menacing is like Colorado law, a threat is only illegal if the perpetrator places someone "in fear of imminent serious bodily injury" (emphasis added), hate crimes are not that kind of threat (if only because the violence threatened isn't imminent). So I don't think that's valid either, considering how little muzzling of pretty much any speech we're willing to put up with.

The Westboro Baptist Church threatens gays and lesbians all the time (with hell), but because the threat isn't imminent, there's nothing actionable. I think it's good that even whack jobs like that can make their message, because tolerating the fringe also means that the rest of us know our own speech is guaranteed.

So it seems to me that as terrible as the motivation behind a hate crime may be, it is a form of speech (as hate crime proponents seem to admit), which I submit should be protected as long as it doesn't fall into one of the extremely limited number of restrictions on free speech we admit (like an imminent threat of bodily harm).

Geoff G.
July 9, 2009 5:43 PM

Larry wrote:

But you, and other hate crime advocates, are just pushing for the opposite, you want killing a gay person, for example, to carry harsher penalties than killing someone who is straight.

No, I don't think that's it at all. You don't get a hate crime label thrown on a case simply based on the race/gender/orientation/religion of the victim. Rather the court has to assess the motivation behind the crime.

Incidentally, those FBI stats I linked to above do list some hate crimes cases (very few, but they do exist) which were committed against heterosexuals, presumably by someone gay or bisexual. It does cut both ways.

Gwyddion9
July 9, 2009 5:45 PM

If the above information can be verified and if it is true, than yes, I would say it was racially motivated and a hate crime.

Rod, you really amaze me at times. Do you seriously think that hate crimes and its legislations are only for gays? There are idiots out there who hate about anything that doesn't meet their approval.

Reality
July 9, 2009 5:58 PM

Let's put the cart back in its rightful place, behind the horse.

This homeschool family claims that 30-50 black kids attacked them, on a neighborhood street, just after the city fireworks display was over, chanting "this is our world." The video of the father shows no signs of struggle. The daughter, a frail little thing, has no visible wounds despite her story that she was bleeding and pulled one of the attackers off her father. The mother has no visible wounds. They don't sound in shock or scared, despite talking about how scared they are. Not a single witness can confirm that even one of these 50 kids was there. There are no suspects.

The police aren't calling it a hate crime because they have enough sense to realize the story probably isn't true. Anyone with an ounce of common sense can see it's not true but that hasn't prevented the right wing and racist blogisphere to embrace it and spread it within hours of it being reported. How many of you will write about it when it's determined the entire story is a work of fiction?

If you believe this story then I have a nice Nigerian man who would like to contact you about an investment opportunity.

R Hampton
July 9, 2009 6:13 PM

I made this point some time ago, but it bears repeating. Hate crimes really nothing more than a subset of crimes currently defined as "domestic terrorism":

U.S. Code : Title 18 : Section 2331
5. the term "domestic terrorism" means activities that -
A. involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
B. appear to be intended -
i. to intimidate or coerce a civilian population;
ii. to influence the policy of a government by intimidation or coercion; or
iii. to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
C. occur primarily within the territorial jurisdiction of the United States.

Domestic terrorism is the unlawful use, or threatened use, of violence by a group or individual based and operating entirely within the United States (or its territories) without foreign direction, committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives . . . Special interest terrorism differs from traditional right-wing and left-wing terrorism in that extremist special interest groups seek to resolve specific issues, rather than effect widespread political change. Special interest extremists continue to conduct acts of politically motivated violence to force segments of society, including the general public, to change attitudes about issues considered important to their causes. These groups occupy the extreme fringes of animal rights, pro-life, environmental, anti-nuclear, and other movements."
-- James F. Jarboe, FBI Domestic Terrorism Section Chief, February 12, 2002

BobN
July 9, 2009 6:16 PM

Those who do not comprehend or dismiss the effect of the threat of violence would do well to ponder the recent serial-killer scare in South Carolina. A lone killer terrorized a large swath of the state, apparently, by "targeting" no one in particular.

An even better example is the DC suburb sniper incident a few years back. I wonder how many people changed their opinion of hate crimes after that experience...

Observer
July 9, 2009 6:20 PM

Interesting if valid, Reality.

But...what does "homeschool family" have to do with this? Is that an attempt to characterize them as nut jobs?

celtic dragon critter
July 9, 2009 6:26 PM

But you, and other hate crime advocates, are just pushing for the opposite, you want killing a gay person, for example, to carry harsher penalties than killing someone who is straight.

Do you just make this stuff up, or do you get it from talk radio?

I state that crimes committed on the basis of religion, gender or perceived gender, ethnicity or sexual orientation are pernicious to society in ways that are more serious and damaging than many other types of crime, and should be considered in a harsher fashion.

I'm sure you will a strawman to beat the stuffing out of anyway, so have fun and be sure to vacuum up afterwards.


Yes, my class seems to have been canceled. I am a bit annoyed.

Continuum
July 9, 2009 6:27 PM

This story reeks of fabrication by yet another rightwinger nutjob. Don't be surprised that after a real investigation, the claims of the father are exposed as lies. Too many facts just don't add up. (And, yes, it seems that many home schooled inhabit the lunatic fringes of society.)

Rod Dreher
July 9, 2009 6:50 PM

The police aren't calling it a hate crime because they have enough sense to realize the story probably isn't true. Anyone with an ounce of common sense can see it's not true but that hasn't prevented the right wing and racist blogisphere to embrace it and spread it within hours of it being reported. How many of you will write about it when it's determined the entire story is a work of fiction?

You will notice, if you take the time to read, that I said in my initial post that the police are still investigating this, and that the allegations haven't been verified. The story has been reported by the mainstream news media. If you don't like my commenting on it in context of our recent discussion of hate crimes, tough. There's nothing racist about highlighting this news story and discussing it. Quit using sloppy accusations of racism as a way to silence discussion you don't like.

Those who do not comprehend or dismiss the effect of the threat of violence would do well to ponder the recent serial-killer scare in South Carolina. A lone killer terrorized a large swath of the state, apparently, by "targeting" no one in particular. An even better example is the DC suburb sniper incident a few years back. I wonder how many people changed their opinion of hate crimes after that experience...

Look, nobody denies that crime terrorizes people. But what on earth kind of hate crime would you have had the (now dead, thankfully) serial killer charged with? Or the DC Sniper? They terrorized people indiscriminately. Hell, if there was a crime wave in my neighborhood, all of us on this street would be to some extent terrorized. Do you think that if the police arrested the criminals in that case, that they should be charged with a hate crime? Serial rapists virtually by definition terrorize women as a class. Are they not only criminals, but hate criminals? Where does this stop?

On evidence presented on this thread, it's hard to argue against the concept of hate crimes, because hate crimes proponents will accuse you of being indifferent to the bigotry that inspires some criminals. This thread has degenerated to pointlessness. As is so often the case.

It was interesting to see the difference in the way the incident was described by a local newspaper and on the website of a local tv station (channel 5). The newspaper article provided more detail, including the race of the kids (all black); the size of the group (as many as 50); the degree of violence involved (one male victim was hit and kicked for a few minutes and said it was like they were trying to take his head off his shoulders); and, things they were chanting ("it is a black world!). The article in the channel 5 website made it seem like a much less violent incident involving a smaller group of assailants, never told the race of the assailants, and never told the reader what some of the assailants were chanting. However, the tv station article did say the assailants were as young as 9, so I guess it could not have been that bad. I much prefer obtaining the truth from sources such as that local newspaper, than from non-trustworthy news sources such as that local channel 5 website.

Oh, please. I work in the news media, and I can tell you that newsrooms often suppress details of criminal incidents that could, in the judgment of editors and producers, cause the audience to draw politically correct conclusions from the facts presented. Next time you read or watch a story about a local crime in which the criminal is still at large, and they don't have an image to show, notice to see if they describe the race or the color of the suspect's skin. It often doesn't happen, and it doesn't happen by design -- this, even though if a violent criminal is on the loose, all citizens, regardless of their race, would need to have as much information as the police do about the guy.

ShawninPHX
July 9, 2009 7:30 PM

Slam dunk. If the testimony is correct and the evidence is there then this is a hate crime. When I lived in DC, and was held up at gunpoint by 6 African American youth, the police charged them with a hate crime. Why? Because they screamed epithets over and over at me and then admitted, "We held up that cracker" to police.

So, yes, as a hate crimes legislation supporter this is exactly what the law was intended for.

Also, look at DC MPD's database on these crimes. If it's like it was a year ago (when I moved) it's filled with more black's being charged with hate crimes than whites.

R Hampton
July 9, 2009 8:08 PM

To be clear, the definition of "hate crime" as used in H.R.1913 "Local Law Enforcement Hate Crimes Prevention Act of 2009" (a.k.a the Hate Crimes Bill) "has the meaning given such term in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994":

SEC. 280003. Direction to United States Sentencing Commission Regarding Sentencing Enhancements for Hate Crimes.
(a) DEFINITION- In this section, 'hate crime' means a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person.

In other words, the Federal government has been able to apply additional penalties for perpetrators of hate crimes for 15 years, but only after the criminal had been convicted on another charge. The proposed bill would allow the Federal government to directly prosecute the hate crime itself. In any event, the actual definition of a hate crime has not changed.

BobN
July 9, 2009 10:45 PM
Look, nobody denies that crime terrorizes people. But what on earth kind of hate crime would you have had the (now dead, thankfully) serial killer charged with? Or the DC Sniper? They terrorized people indiscriminately.

You appear to have missed my point entirely. I did not mean that either cases involved hate crimes or should have been charged as such. The DC sniper and the NC serial killer gave "regular Americans" just a taste of what it feels like to be targeted. And look at the reaction!

Crime only "terrorizes" people when they think they might become a victim. Dallas has killings every day, I would expect. Do you feel terrorized every day? I live in a neighborhood in which drug-related shootings are pretty common. Until the last year or so, killings occurred a few times a year. I don't feel terrorized about them because I'm not a target. I have nothing to do with drugs.

BobN
July 9, 2009 10:47 PM

the actual definition of a hate crime has not changed

The bit including sexual orientation is new.

steve
July 9, 2009 11:47 PM

Rod-My apology. Missed that last line. Still think the thing sounds fishy. 3 people do not get away with nothing broken, assuming that part of the story is correct, in a fight against 50.

Philosophically I keep running up against one major stumbling block when I think we should do away with hate crimes. That would be Jews. There is such a long and consistent history of crimes against them, often not prosecuted, just because of their identity. In theory, we should be able to handle problems with existing laws. In reality, a casual study of history suggests that Jews will probably be persecuted again. Ask your Jewish friends, if you have any, and I bet a good many of the older ones maintain some gold and emergency items (passports) in case they need to flee.

Steve

Your Name
July 10, 2009 12:44 AM

When the police lable something a hate crime, even before they know who did it, they recieve federal resources in the investigation to help bring the offenders to justice. That fact is even more important then the "incresed penalties." Regardless, it is clear to all with eyes to see and ears to hear that white Americans are being denied equality before the law, equal protection under it, freedom of speech, freedom of association, and equal opportunity.

THE WRATH OF THE AWAKENED SAXON
by Rudyard Kipling

It was not part of their blood,
It came to them very late,
With long arrears to make good,
When the Saxon began to hate.

They were not easily moved,
They were icy -- willing to wait
Till every count should be proved,
Ere the Saxon began to hate.

Their voices were even and low.
Their eyes were level and straight.
There was neither sign nor show
When the Saxon began to hate.

It was not preached to the crowd.
It was not taught by the state.
No man spoke it aloud
When the Saxon began to hate.

It was not suddently bred.
It will not swiftly abate.
Through the chilled years ahead,
When Time shall count from the date
That the Saxon began to hate.

Brian T. Johnson
July 10, 2009 1:02 AM
http://Agreed.

Still no word from any hate-crimes advocate on this attack. Your point is right on: hate crime statutes are misguided but as long as they're on the books they must be applied equally. I've posted more thoughts on this story at www.principallypolitical.com.

R Hampton
July 10, 2009 3:06 AM

Your Name, Brian T. Johnson,

White people are the target of Hate Crimes, and the Federal government does prosecute those who commit anti-white crimes as Hate Crimes:

FBI Hate Crime Statistics 2004

During 2004, over 17,000 law enforcement agencies nationwide participated in the UCR Program. Of these agencies, 12,711 (72.6 percent) submitted 1 to 12 months of hate crime reports, from which the following statistics are derived. (See the table at the end of the Introduction.)

...In 2004, racial bias motivated more than half (53.9%) of the 9,021 reported offenses within single-bias hate crime incidents; religious bias accounted for 16.4%; bias regarding sexual orientation, 15.6%; ethnicity or national origin, 13.3%; and disability bias, 0.8%.

Law enforcement agencies reported 4,863 offenses within single-bias incidents that were motivated by the offender’s racial bias. Among those offenses, 67.5% resulted from an anti-black bias, and 20.5% were due to an anti-white bias. Slightly more than 5% (5.2) of racially motivated incidents were driven by an anti-Asian or Pacific Islander bias, 2.0% involved a bias against American Indian or Alaskan Native races, and 4.8% were directed at groups of individuals in which more than one race was represented (multiple races, group)...

And I agree with others who have commented on this thread (John E. - Agn Stoic, celtic dragon critter, grendel et. al.) that if the investigators have solid evidence that a Hate Crime has been committed, then it should be prosecuted as such.

Michele
July 10, 2009 3:21 AM

Goofball behavior.

Actually, this is God's world. And it has black, white, brown, etc. in it. All colors; not just any particular one. Deal with it, boys.

Franklin Evans
July 10, 2009 7:02 AM

If you think that it is moral for a killer to get life imprisonment for killing (hypothetically) you, and two years in prison for killing me, then we have nothing to really talk about.

...and...

Even if you are against differential protection, you argue for the very continuance of it. How I am supposed to parse that?

CD, for whatever reason -- and I prefer to believe that you are just too upset about the topic, rather than lumping you with the Glendas -- you really aren't comprehending what I'm writing.

How you get my desire to make the criminal justice system work as is with equal protection for everyone into those two statements just boggles my mind.

It's a very long thread. But really, you might go back and read it again, because I really think you have me confused with one or more other contributors.

Or, failing that, you and I could just have our own little flame war, if you really want to insist on putting words in my mouth. Your quoted statements are just plain false.

Franklin Evans
July 10, 2009 7:22 AM

I state that crimes committed on the basis of religion, gender or perceived gender, ethnicity or sexual orientation are pernicious to society in ways that are more serious and damaging than many other types of crime, and should be considered in a harsher fashion.

After reading that and Rod's allusions to the SC serial killer and the DC sniper, I had a eureka moment (enough surreal to include the reference to the TV show):

How many groups and classes will need to be listed under the hate crime designation before every man, woman and child could and would automatically be the victim of a hate crime?

CD, I see your LGBT class and raise you my pagan class. I want all divorce judges who permit loss of child custody due to the parent being a pagan charged with a hate crime, along with the ex-spouse for bringing it up. I want every fundamentalist that shows up at our public rituals with bullhorns and shouts of Hell to be handcuffed and taken away. With that and more, I feel in imminent danger.

After all, if we are to define hate as a crime, we certainly don't need to connect it to a current act of violence. If you think I'm joking, I and some friends have real scars to show you.

... can't you see where this is going? We have a badly implemented criminal justice system, understaffed, overworked, and blamed for all the ills of society. Go in and clean that up... but no, that would take too much effort, take too long. So, go ahead and pass yet more laws to yet greater levels of detail. At some point, lawyers will be spending their time researching all the laws applicable to a case and have no time to go to court for it.

Simple yet elegant: equal protection under the law. No exceptions, no caveats.

strech
July 10, 2009 8:22 AM
How many groups and classes will need to be listed under the hate crime designation before every man, woman and child could and would automatically be the victim of a hate crime?

The moment they put anything under the definition? Religion - Given that while atheism or other non-theisms aren't religions, they're positions on religious issues and covered under the first amendment and under discrimination (and hate crime) laws. Race - See Rod's example (if accurate, hate crime). Sexual Orientation - no doubt it happens to both gay and straight at times. Etc.

After all, if we are to define hate as a crime, we certainly don't need to connect it to a current act of violence. If you think I'm joking, I and some friends have real scars to show you.

Wouldn't real scars imply violence, or are they real mental scars or something? You've managed to make the world "real" ambiguous.

Anyway, I'm not sure why you're intentionally eliding the disconnect between "hate" being a crime itself and "hate" being an aggravating factor because of the disparate impact of crimes motivated by hate. There is a distinction there. It's tied to actual crimes not out of some random legal distinction (at least in theory) but because it's about the actual crimes.

The misuse of religion in custody proceedings is always bad (it gets covered occasionally over at volokh) but I'm not sure why you're bringing it up.

Simple yet elegant: equal protection under the law. No exceptions, no caveats.

We have it. And I'm not sure how "The law has other problems so we should fix those before doing anything else related to it" is a serious argument.

strech
July 10, 2009 8:24 AM
The moment they put anything under the definition? Religion - Given that while atheism or other non-theisms aren't religions, they're positions on religious issues and covered under the first amendment and under discrimination (and hate crime) laws. Race - See Rod's example (if accurate, hate crime). Sexual Orientation - no doubt it happens to both gay and straight at times. Etc.
Clarification: This applies to "could". No number of classes added leads to "would" - how would that even work?

Observer
July 10, 2009 10:02 AM

How many groups and classes will need to be listed under the hate crime designation before every man, woman and child could and would automatically be the victim of a hate crime?

I think this is a reasonably good question, and it seems to me as though we're getting there. All blacks, hispanics, and other minorities (who, together, probably constitute a majority in a lot of places); all women; all GLBT people; members of all religious groups; all disabled people....who's left? White non-religious, non-disabled straight males.

How long can it be before someone picks up on the idea that this tiny group is now THE disfavored class in this society, and demands that all crimes against them be classified as hate crimes? (There certainly do seem to be a number of people who hate these guys....)

On the other hand, if all crimes become "hate crimes" we're back where we started, which is where I think we should have stayed in the first place. In some sense, all crimes are "hate" crimes. (It's certainly not love!)

With the state of law enforcement in this country right now, we'd best focus, I think, on crime, period, and leave off the extra considerations.

the stupid Chris
July 10, 2009 10:22 AM

On the other hand, if all crimes become "hate crimes" we're back where we started, which is where I think we should have stayed in the first place. In some sense, all crimes are "hate" crimes. (It's certainly not love!)

Is there really no difference between the yahoo who tags a building with his name and the one who writes on a synagogue "jews get out" and surrounds it with swastikas?

celtic dragon critter
July 10, 2009 10:26 AM

.I want all divorce judges who permit loss of child custody due to the parent being a pagan charged with a hate crime,

Divorce is a civil proceeding, but you get half points for effort.

How many groups and classes will need to be listed under the hate crime designation before every man, woman and child could and would automatically be the victim of a hate crime?

Your obtuseness on this is staggering. We seem to be talking past one another, so it has become an exercise in futility. The definition of what constitutes a hate crime has been gone over exhaustively, and you continue to deliberately misconstrue it into a zero sum classification war. Whatever. I'm finished here.

Geoff G.
July 10, 2009 11:00 AM

Franklin Evans

How many groups and classes will need to be listed under the hate crime designation before every man, woman and child could and would automatically be the victim of a hate crime?

Two points here:

1) A crime against any person at all, regardless of their gender, race, religion, whatever is already potentially a hate crime. As the FBI statistics I (and others) cited above show, certain crimes against white people do get prosecuted as hate crimes. Ditto for straight people. Ditto for crimes against Christians. If you can't see that then you're willfully ignoring the facts.

2) A hate crime is not a crime against a specific group. For example, if someone pulls a gun on me and takes my wallet, that's not a hate crime, even though I'm gay. If I assault a black man because he stole my parking spot, that's not a hate crime either (although it would be stupid). You only have a hate crime if the protected category was the motive of the crime.

So if you spray-paint "Kilroy was here" on my garage, that's just vandalism, even though I'm gay. But if you spray paint "Die N****r" on my neighbor's garage, that's a hate crime. In other words, you have to assess the motive.

Here's the Colorado statute on the subject: "A person commits a bias-motivated crime if, with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, he or she: [goes on to list a series of crimes to which this statute may apply]" (Emphasis added)

Like I said, I don't agree with the concept of hate crimes. I think ultimately what you're doing is punishing people not only for the criminal act but for their speech as well (and yes, that applies to terrorists too). I think that hate crime statutes hand you an additional punishment because the government doesn't like your message, and that's a dangerous path to follow.

But the statutes aren't what you seem to think they are.

Jack ellis
July 10, 2009 11:59 AM

Yes, the horrible crimes committed by gangs/mobs of Black teens are a terrible reality in too many US cities. And please, let's not have anyone think that HATE CRIME LAWS will ever be used against violent Black racist gangs/mobs.

In my City of Chicago (we led the nation in total murders last year) the Black racist gangs don't even hide their affiliation, what they are about - it's in the name"

The Black Gangster Disciples

Attorney General Holder testified before the US Senate Judiciary Committee that S909 the Fed Hate Crime law would not protect all Americans, but would only protect so called historic "victim groups" such as Blacks, gays, Hispanics, Jews - so if White Americans are victims of violent racial attacks - well, the victims are out of luck.

The solution for all of us is to just understand the cultural marxist corruptions of our legal system - Hate Crime Laws are not equal and fair - they are designed to push a PC agenda.

The rest of us should just insist that all violent crimes are prosecuted in a firm, fair way. There is no such thing as a non hateful murder, rape etc.

I send my best to the White victims in Ohio. The next time they should be armed with 2nd Amendment rights and Attorney General Holder and the Politically Correct powers that be in Washington can decide if they want to try to persecute a White family that shoots Black criminals/mobs trying to do racist hateful crimes that are NOT HATE CRIMES.

Jack Ellis
Chicago, IL
www.bikers4freedom.com

Matt, Hartford CT
July 10, 2009 12:12 PM

Hate crime or not I find it interesting this has not been picked up by the MSM...

Now if it were 50 white kids and a black family...

Alanmt
July 10, 2009 12:13 PM

I agree with Justice Rehnquist and the venerable Blackstone:

"Moreover, the Wisconsin statute singles out for enhancement bias-inspired conduct because this conduct is thought to inflict greater individual and societal harm. For example, according to the State and its amici, bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest. The State's desire to redress these perceived harms provides an adequate explanation for its penalty-enhancement provision over and above mere disagreement with offenders' beliefs or biases. As Blackstone said long ago, 'it is but reasonable that, among crimes of different natures, those should be most severely punished which are the most destructive of the public safety and happiness.'" [citations omitted]

This sets forth the rationale for hate crimes. I find it compelling. If someone else, such as Rod, does not, then he needs to address the substance of the argument, not spew forth rote bullet points unrelated to the real issue as to the legitimacy of such legislation. As a matter of debate, then, the proper argument against hate crimes, which hasn't been raised by anyone in response to the comments in this thread, would be: 1. to assert that bias-motivated crimes are not more likely to provoke retaliatory crimes, do not inflict distinct emotional harms on their victims, do not incite community unrest, or more specifically, incite fear of violence and chill the exercise of individual liberty among the targeted class, and 2. to support that assertion with actual evidence.

So c'mon, antihatecrimerz! Bring your legitimate case to the table. Let's hear it!

There is another defense for you, I must confess. You could (as Geoff seems to have done) conclude that SCOTUS was wrong in finding that such statutes were directed at conduct, not speech, and also conclude that SCOTUS was wrong in determining that such statutes did not have a chilling effect on legitimate speech, and then conclude that the restriction on speech outweighs the value of the societal purposes set forth above which provide the consitutional basis for such sentencing enhancements. This won't get you off the analytical hook, however, as you wil still have to weigh the value of the greater harm posed to society by such crimes, as set forth above, against the free speech restriction.

Take your time. I'll wait for a sophisticated, well-thought out argument.

Franklin Evans
July 10, 2009 12:17 PM

I have a post hung up in the approval cue. The following is a brief reiteration of it.

A crime against any person at all, regardless of their gender, race, religion, whatever is already potentially a hate crime.

I don't need to see the hate crime statutes (though I have looked at them a number of times). I am not a lawyer (in case that wasn't clear yet). That statement by Geoff is the point I am trying to make: without hate crime laws, every crime has some factor that -- given due diligence by prosecutors and adherence to due process and equal protection by judges -- is relevant to the trial.

That's the key: it comes out in the trial.

Hate crimes laws are the IMO wrong solution to the valid and egregious problem of unequal treatment of aggravating circumstances in crimes. Go after the prosecutors and judges. Review their records, and for those who are subject to election replace them the next time you get a chance to vote, if they show bias in their work. Write to your local bar assn and the govt officials responsible for appointing the judges. Put pressure on them to appoint judges and prosecutors who will address the inequities.

Franklin Evans
July 10, 2009 12:32 PM

Okay, Alanmt. I'll bite.

I have a long list of dead Jewish relatives on my mother's side. I have a paternal heritage that goes back for a few centuries of ethnic and religious strife. I know exactly where public safety and happiness gets us.

Who gets to set those definitions, hm? Who defines them and enforces them? In a recent thread, Rod tells us about a lily-white pool membership that tossed a bunch of black inner-city kids out because of their local definition of public safety and happiness.

Happiness for the family of a crime victim (and the victim as well, if surviving) is to take the perpetrator(s) out and give them what they dished out. That's where Rehnquist's logic goes.

From where I sit, people demanding extra "protection" from hate crime laws are just unhappy with the current slate of penalties and punishments. Indeed, they think additional punishment will somehow deter others from committing those crimes. Take a look at the history of crime and punishment in the US. Tell me how well that will work.

They are also unhappy with the unequal, favorable treatment of some perpetrators on the basis of their standing amongst a privileged majority (or minority, like those with the gold making the rules). That's your root cause. Address that. Do something about that.

R Hampton
July 10, 2009 2:32 PM

Franklin Evans,

Do you also object to the extra "protection" the law provides for assassinations? Shouldnt't murder just be murder regardless of motive or intended outcome?

Even though a common crime, the killing of officials—especially police officers and federal agents—has been dealt with increasingly as a special offense meriting more stringent penalties; and any killings or attacks by antigovernment militants receive special attention under laws such as the Racketeering Influenced and Corrupt Organizations (RICO) statutes. Conviction in such cases typically results in significantly more severe sentencing. In effect, such homicides are perceived and treated as politically inspired—that is, as assassinations.

Franklin Evans
July 10, 2009 2:41 PM

R Hampton:

I don't see a parallel, let alone similarity. The targets of assasinations are already of a special class, whether they be elected or appointed officials, cultural/religious/etc. leaders, what have you.

Or, are you suggesting that the primary definition of hate crime be "politically motivated"? With respect, I don't see the validity of that when the perpetrators' average age is 12 (just for example).

I have a bias concerning police and other law enforcement officers. They are, by definition, in constant mortal danger and no amount of money makes up for that. I would tend to not object to explicit and severe sentencing guidelines should they be the victims of premeditated murder. But I would not characterize such murders as hate crimes.

R Hampton
July 10, 2009 2:56 PM

Franklin Evans,

1. The same protection extends to elected officials and civil servants who are not in mortal danger.

2. Yes, I do believe that Hate crimes are a subset of Domestic Terrorism crimes (and that means Hate crimes should meet that same high standard, IMHO). As the FBI's website states:

Hate crimes directed at the U.S. government or the American population may be investigated as acts of domestic terrorism. Incidents involving hate groups are also investigated as domestic terrorism (the FBI's Civil Rights Program cannot investigate groups, only individuals).

Your Name
July 10, 2009 3:36 PM

Alanmt Go back a hundred years and you can find all sorts of articles --legal and scholarly -- about how segregation promoted the peaceful coexistence of the races (and thus community harmony) etc. Now we have the assertion that punishing people for their thoughts, instead of crime, helps promote community cohesion. Why are today's opinions right and yesteryears wrong? Seems to me we've had far more riots, interracial crime etc. since the end of segregation -- which is not btw an argument for reinstitution of same, just a statement of fact.

I would argue that hate crimes have historically been used as a gateway to restrictions on speech.

I would argue that they are applied very unevenly. 69% of racial 'hate' crimes charged are against blacks, but we know that black commit something like 85 to 90 percent of interracial crime -- that kind of discrepancy doesn't wash.

I would argue that because of the blantant discrpancy in application of such laws, they actually sow discord.

I would argue that particularly federal 'hate crimes' laws are there to give prosecutors a chance to retry cases when they don't like juries' decisions.

None of this means such laws are unconstitutional -- except maybe the last point. It does mean they are politicized and really just plain wrong.

R Hampton
July 10, 2009 3:47 PM

Your Name,

Interracial crime is not at all the same as a hate crime. Suppose a man of one race robs a gas station attendant of another race for no other reason then to steal money. Why would you then categorize this as a hate crime?

This is how it works in the real world:

The FBI initiates a hate crime investigation when an allegation is received from a reliable source. Most complaints are received from the victim, a witness, or a third party. Many cases are also initiated by media reports, community group complaints, referrals from Department of Justice or U.S. Attorneys, and congressional inquiries.

Under guidelines developed in conjunction with the Department of Justice, once a complaint is received, the FBI will determine if the matter warrants a preliminary or full investigation.

Once a case is opened, a logical investigation is conducted within a reasonable period of time.

R Hampton
July 10, 2009 4:10 PM

Your Name,

Also, I need to emphasize that hate crimes themselves are usually attacks aimed to restrict First Amendment rights like free speech. That's why a hate crime investigation prompts the FBI to; "forward completed reports to U.S. Attorneys and the Civil Rights Division at the Department of Justice, [to] decide whether a federal prosecution is warranted. They may move forward, for example, if local authorities are unwilling or unable to prosecute a crime of bias."

If this family in Cleveland were indeed attacked because they were white, then we can correctly surmise that the attackers' motive was to make them, and their neighbors, afraid to go outside their homes. So contrary to your argument, the greater damage comes from the "hate crime" that sows discord and restricts civil rights.

stari_momak
July 10, 2009 4:35 PM

Interracial crime is not at all the same as a hate crime

That was me, Your Name. Anyhoo

Yes, I am quite aware that 'interracial crime isn't necessarily hate crime'. However, I've had some training in statistics. When I see a discrepency like 85% of interracial crime being black on white, yet 69% of racial 'hate crime' (which is necessarily interracial) being white on black, I don't think that can happen at random.

In fact, your quote (is that Wiki) gives us a clue what is happening, 'community groups' , 'Congressional investigations'. I.e. politics.

I'll give you a case study. A few weeks ago a black, apparently gay Marine's (correction, Sailors) body turned up in the California dessert. Right away the local (Democrat and, significantly here, Jewish) called for a possible 'hate crime' investigation -- before even the original investigation was conducted.

http://www.veteranstoday.com/modules.php?name=News&file=article&sid=7732

Contrast this with a case I have linked to before, the death of a white Marine NCO and his black wife at the hands of four black Marines under his command. It was a house invasion/forced oral sex/rape/double murder. Some items were taken from the house but not much. This sort of thing has hate crime written all over it.

http://www.marinecorpstimes.com/news/2009/06/marine_murder_edited_062809w/

But the cops play it as a 'robbery gone wrong'. How many 'robberies gone wrong' involve repeated rape of a wife in front of the husband. And given the fact this was an interracial couple, doesn't that send a message. In fact, the perps themselves wrote 'n*gger lover' in the house. An attempt to deflect blame onto 'white supremacists' or a sort of reflected version of their own hate at seeing this white man with an attractive black female.

Its all pretty murky, but we do know that there was no 'community group', no Al Sharpton, no Congressman Filner calling for a 'hate crime' investigation.

BobN
July 10, 2009 4:50 PM

I think this thread is very important for it has shone the light on a heretofore unknown type of American, one without race, without gender, without national origin, without any sort of religious or ethical belief system, one with no discernible physical abilities and, yet, no lack thereof, as well.

Ladies and gentlemen, we are witness to the very first, well, not sighting, but identification of the newest victim group, the inviso-Americans.

R Hampton
July 10, 2009 8:03 PM

Stari_

There's a very good reason why the murder of Sgt. Pietrzak and his wife are not considered a hate crime, and it comes from the star witness himself -- Marine Justin P. Wiessinger (rank not indicated), a caucasian:

Weissinger’s acquaintance with the men came mostly through his friendship with Miller, and a criminal hobby outside the Corps he claims they shared. The Marines allegedly teamed up for home-invasion robberies and burglaries, collecting iPods and other electronics, cash and even drugs. According to courtroom testimony, they robbed strangers as well as acquaintances of friends, including Miller’s girlfriend, who has had her own run-ins with police.

And please do take your time when reading. It's not just community groups and congressmen who can call for a hate crime investigation, but also "the victim, a witness, or a third party. Many cases are also initiated by media reports". And I can you didn't know, "third party" includes family and friends of the victim(s).

R Hampton
July 10, 2009 8:12 PM

Oh, and the quote is not from wikipedia, but the FBI's website on Hate Crimes.
1. http://www.fbi.gov/hq/cid/civilrights/hate.htm
2. http://www.fbi.gov/hq/cid/civilrights/overview.htm

Andrew
July 10, 2009 8:42 PM

"It came after a family night of celebrating America and freedom." now that's an over the top opening, clearly the reporters bias is out there.

You cant really believe this can you? If 50 5 year old's attacked me I'd be dead never mind 50 teenagers....seems odd and in need of serious questions. Not just regurgitated as some meaningless internet meme.

stari_momak
July 10, 2009 8:47 PM

R Hampton, you are proving my case for me, thank you.

They *robbed* strangers and friends, they didn't torture/rape/murder strangers and friends. Yet somehow with the interracial , black woman/white man couple this MO changed and we get torture, rape (husband forced to watch) / murder. If that isn't an indication of a hate motive, I don't know what is?

Again its statistics. If a group commits 9 robberies without violence, and a tenth that features brutal violence and sexual degradation, any statistician, any social scientist will start looking for the factor that caused the difference in behavior in the tenth case. Well, we have an obvious one in this case -- black men not being too happy that a 'sistah' -- an attractive one at that -- was with whitey.

And please, while individuals (like SGT Pietrzak's mother) might make complaints, organized , approved victimhood with their pressure groups will always win out.

R Hampton
July 10, 2009 10:04 PM

If you believe that the murder of Pietrzak and his wife was a Hate crime, then you can report it to the FBI - and I'm mean that sincerely. As a federal agency, they can (and do) prosecute when local governments fail to.

However, I must ask why you resort to victimhood - a tactic that conservatives despised when used for every group other than white people. If you believe that victimhood is fundamentally wrong and a terrible flaw in Liberal ideology (and I assume you do), then why go there? The hypocrisy undermines the conservative cause.

Mrzim moj stari momak
July 10, 2009 11:04 PM

Stari,

The investigation was being covered up from the beginning by the military. Military investigators called August Provot's murder a "random act." In fact he was bound, beaten, shoot three times, and burned.

As for your analogy with an interracial hate crime, the U.S. military doesn't have an official policy of catering to racial bigots at the disadvantage of any race, but the U.S. military does have an official policy of facilitating harassment, blackmail, and murder against gay soldiers, sailors, and marines. It's called "Don't Ask; Don't Tell."

ShawninPHX
July 11, 2009 12:33 AM

Mr Ellis,

While your opinion may be that black, or other minority groups, will be prosecuted I can personally attest to the fact that they are. Please see my previous post above. Additionally, if you need more proof, could provide you with the email address of my former white, female neighbor who also was successful in adding a hate crimes prosecution on to her assault.

The key here is intent. If a white or black person robs a person of a different race that does not necessarily constitute a hate crime. If those individuals rob another individual while yelling the N-word or screaming "die cracker" that indicates another. It's no different than our current interpretations of first, second and third degree murder (and manslaughter if your state defines it as such). You look at the crime, why it was committed and assess charges appropriately.

Best,

Shawn

stari_momak
July 11, 2009 9:52 AM

Mrzim moj stari momak

Mrzim (to hate) takes the accusative, so you've got to decline the direct object , making it

Mrzim mog starog momaka.


Spambalaya
July 11, 2009 10:27 PM

This happened almost a week ago, now, yet still no comment from Al Sharpton or Jesse Jackson.

Here you go:

Support for the Marshalls arrived this week from the Rev. Sharpton, a national activist for the black community. A spokesman said Sharpton is aware of the attack and does not condone the behavior of the teens.

Sharpton's National Action Network supports the FBI investigation, the spokesman said.

''These teens need to be punished as much as any dumb redneck in white sheets,'' said Richard Jones, a Sharpton spokesman based in Cleveland. ''Nobody should be attacked like this, whether they are black or white. These young men who are responsible need to be brought to justice.''

http://www.ohio.com/news/break_news/50495622.html

Jon H
July 12, 2009 3:59 PM

I'm a bit skeptical. "'This is our world' and 'This is a black world'" don't sound like the kind of thing the alleged perps would actually say if they were committing a hate crime against white people.

It sounds like bad movie dialogue written by people with limited imagination and limited experience of the culture of the speakers.

Reminds me a little bit of the McCain campaign worker in Pittsburgh who claimed a black man beat her up and carved an 'O' into her face. Her story never seemed particularly realistic, and it turned out to be entirely made up.

But I could be wrong.

Jim
July 12, 2009 4:40 PM

1. About 50 black teenagers? Have you ever heard the expression "herding cats"?

2. "This is our world"? "This is a black world"? Black youths really talk like that?

3. No witnesses at all on a residential street? A quiet riot, perhaps?

Calling in the FBI was a good idea, but not necessarily to find out if it was a "hate crime". Stay tuned on this one.

Ralhpie
July 22, 2009 10:49 PM

1. The family should sue the police department for discrimination if no hate crimes are filed.

2. Pack always. Nothing like a 40 cal when things get really ugly.

sleeping giant
July 25, 2009 12:27 AM

JON H who cares what was said sounds like a bad movie line or not-he said they said it and thats a hate crime-our turn to play the game now-pay back for all the parents who sent and couldn't send their kids to public schools/pools...anything public in a city. for reginald deny , for the n.y. subway people murdered-white cops & store owners killed by black murders. I hope they didn't say it but he sticks to the story just to get that charge to stick because the only reason those coward little girls jumped him and his family ( savages) was because he was white.

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Rod Dreher is an editorial columnist for the Dallas Morning News, and author of "Crunchy Cons" (Crown Forum), a nonfiction book about conservatives, most of them religious, whose faith and political convictions sometimes put them at odds with mainstream conservatives. The views expressed in this blog are his own.

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