Comments on: My Case For and Against Hate Crime Laws http://100lbsofdynamite.com/2009/10/23/my-case-for-and-against-hate-crime-laws/ Just another WordPress weblog Tue, 19 Jan 2010 03:00:22 +0000 http://wordpress.org/?v=2.9 hourly 1 By: Neil Starkey http://100lbsofdynamite.com/2009/10/23/my-case-for-and-against-hate-crime-laws/comment-page-1/#comment-5328 Neil Starkey Wed, 18 Nov 2009 23:50:25 +0000 http://100lbsofdynamite.com/?p=179#comment-5328 Very well thought out and rational. Thanks If only our leaders and citizens would approach issues this way. One additional element to consider: This takes state crimes and makes them Federal crimes. It's actually possible to be tried twice for the same act - simple assault at the state level and hate crime assault at the federal. This is mighty close to double jeopardy and is deliberately that way so that the guy who was lynching black men in Alabama and acquitted by a state jury could be tried again in Federal court. That's the retribution angle. The deterrence, or lack there of, begs the question of why is our prison system bursting at the seams with criminals who are automatically sentenced to life for committing three felonies of any kind. My bottom line: Most criminals have no idea what penalty awaits them and it rarely is part of the equation even for premeditated crimes. Face it, most criminals are just not very smart so don't expect rational behavior. While this type of federalization was very important, if not critical, to the breaking of the white government stranglehold on the African-American people, I believe today it mostly just makes effected classes feel better to be included. However, It does provide a backstop that can be used to provide teaching moments to the country in egregious cases. What would have been different if this law had been in effect for Matthew Shepard? Very well thought out and rational. Thanks If only our leaders and citizens would approach issues this way. One additional element to consider: This takes state crimes and makes them Federal crimes. It’s actually possible to be tried twice for the same act – simple assault at the state level and hate crime assault at the federal. This is mighty close to double jeopardy and is deliberately that way so that the guy who was lynching black men in Alabama and acquitted by a state jury could be tried again in Federal court. That’s the retribution angle.

The deterrence, or lack there of, begs the question of why is our prison system bursting at the seams with criminals who are automatically sentenced to life for committing three felonies of any kind.

My bottom line: Most criminals have no idea what penalty awaits them and it rarely is part of the equation even for premeditated crimes. Face it, most criminals are just not very smart so don’t expect rational behavior. While this type of federalization was very important, if not critical, to the breaking of the white government stranglehold on the African-American people, I believe today it mostly just makes effected classes feel better to be included. However, It does provide a backstop that can be used to provide teaching moments to the country in egregious cases. What would have been different if this law had been in effect for Matthew Shepard?

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