All criminal cases should be given equal treatment

Published: November 5, 2009

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Supporters of "hate-crime" laws seem to believe that such legislation protects minority groups. But those laws needlessly complicate criminal prosecutions.

The latest such law was attached to the $680 billion defense appropriations bill signed this week by President Obama. It expands federal hate crimes definitions to include crimes based on sexual orientation.

It's not clear why a crime rooted in discrimination is any worse than a crime rooted in any other motive. It works against the notion that all crime victims deserve equal consideration.

In criminal cases prosecutors need only to prove that a crime occurred and the defendant committed it; they do not have to prove why the defendant did it. While it might be helpful to know motivation as a means of gathering evidence and to convince a jury, it is not required and, in some cases, is impossible to know.

Proving a hate crime, however, requires a prosecutor to convince a jury of a defendant's state of mind at the time of the crime - a much more difficult standard than merely showing that the defendant committed the crime.

Hate crimes designations are, in practice, political designations - proof that a particular minority group had enough clout to be included by lawmakers.

The federal government's focus should be to ensure that crimes against all victims are pursued with equal vigor, not to impose additional burdens on prosecutors and create separate classes of crime victims.

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Steve, If a president had line-item veto power, he could remove attached bills like the one in question, just as you could remove the fly and then drink the OJ. Through the process you described many bills that could never make it through on their own merits are passed as add-ons to bills that Congress has to pass. George Bush handled this issue with signing statements, over 600 of them, where he would sign the bill, then add a signing statement indicating that the bill, or the part he didn't like, did not apply to him.

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don't trust 'em, 11/05/09 12:24

Joe, I believe that Distinguished Professor Ayers was protesting the Vietnam war with his bombing. So, if they were hate crimes, it was that war that he hated. I hated it too, but I went and served my country. If I'd have had any guts, I would have protested instead.

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vet, 11/05/09 12:13

It seems that if a person murders someone he will get twenty years to life if convicted regardless for his motive for doing it.I understand that in an investigation, motives sometimes do have to be established on why the murder took place but when it comes to conviction and sentencing, all this bill does is add a whole layer of legalese for the lawyers. I am also appalled that Congress attaches this bill to a bill that was about military funding which has nothing to do with hate crimes. This is done for 2 reasons: 1) Congress will think that Americans are too dumb to notice. After all we want to support our military 2) It can be used as political fodder in future campaigns. For example, Congressman A thinks establishing a new bureaucracy of hate crime laws is redundant and votes against the bill. In the next election candidate B from the opposition party can say that Congressman A doesn't support our troops because he voted against the bill. Such legislation is wrong. Just because there is a fly in my orange juice doesn't mean I don't like orange juice. I'm either am forced to drink the juice fly and all, or to throw the glass away and pour myself a new glass of juice. Unfortunately Congress doesn't have the integrity or the courage to do the latter when it comes to legislation. No wonder that the American public mistrusts Congress

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Steve Reynolds, 11/05/09 8:35

You are so right. I could not agree more with your words. Sometimes it seems and I believe is true that our full time legislators think they have an obligation to legislate whether there is need or not. Reams and reams of paper containing thousands of laws, rules and regulations just wastes time and paper and demeans the whole purpose of law.
Excellent editorial!

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Ex MP, 11/05/09 7:03

Hate crime laws are part of an agenda which is meant to neuter us as people who have opinions. THe problem is that life means nothing and we are worried about how humanely we put down an vicioius killers. An eye for and eye and a tooth for a tooth. But if your a mass muderer you are insane and thus protected. Look at Hinkley who shot President Reagan?? And then when minorities kill and torture
"white" people it is no big deal. When do you hear of a hate crime concerning minorities against "white" people. A crime is a crime.
I say any man or women killed while working a job by thungs desearves the same protection as the police. You kill a Pizza delivery man deliverying a pizza you get the same punishment as killing a policeman. But whe have the president bonding with ex bombers and no one says anything.Was Ayers bombing a hate crime?
As Obama.

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Joe DuPont, 11/05/09 6:46

All criminal cases should be given equal treatment

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