Rachel Tapper
Professor Christopher
Brown
English 1B
6 August 2013
Restoration
of Equality
An alternative solution desperately needs to be
implemented in the place of state and federal hate crime laws that have been
enacted since the 1990s. Aside from the notion that these laws do not deter
criminal behavior of this nature, it is evident that they are indicative of an
overuse of the law. This system is
currently cluttered with confusion, inequality and endless complications in
prosecuting under accurate and just terms. The accused have received extra
sentencing for technicalities under current provisions and we once again have
reached a scenario where not everyone is offered the same rights by our
government. If we are already supposed to receive equal protection under the
law, wouldn’t these statutes and legislations therefore be redundant through
there adherence to sympathy for targeted groups? In order to restore fairness and
constitutionality to the judicial system, it is proposed that hate crime
legislation be repealed and justice served through when it is due under current
laws through harsher penalties according to specifics of the crime.
These statutes in themselves are superfluous
to current state and federal policy. To clarify the delegation of power between
state and federal governments, the article Repeal
Tyrannical ‘Hate Crime’ Laws Beware Efforts to Control thought and Speech quotes James Madison:
“The powers delegated by the proposed Constitution
to the federal government are few and defined. Those which are to remain in the
state governments are numerous and indefinite. The former will be exercised
principally on external objects, as war, peace, negotiation and foreign
commerce. The powers reserved to the several states will extend to all the objects
which in the ordinary course of affairs, concern the lives and liberties and
properties of the people, and the internal order, improvement and prosperity of
the state" (Wayne).
If hate crime legislation were to be
repealed, people would continue to be offered the rights and protection
guaranteed by the government. The fact is that, because they do more harm than
good, laws against bias-motivated actually take away the rights afforded to us
by the government under existing laws by delegating persons whom have more
protection than others. Murder is murder any way you slice it, and if you add
on instances which make it worse with respect to the characteristics of the
victim, no one can ever be proven guilty efficiently and effectively. The
message that these laws are attempting to send is not being seen through
complication of determining the extent of the motive, much less the extent of
the victim’s identity.
Another reason
to immediately repeal state and federal hate crime legislation is that those
accused of bias-motivated crime are not accurately prosecuted as a result of
these legislations. Quite the opposite occurs with most recent laws because
prosecutors are faced with the burden of proof in regards to whether or not motive
was driven by prejudice. According to the article The Problem of Motive in Hate
Crimes: The Argument against Presumptions of Racial Motivation, “States'
failure to clarify the evidentiary standard intended by the requirement of
proof that the accused attacked his or her victim "because of" racial
motivation allows many expressions of racial animus to go unprosecuted under
current statutes” (Morsch). This is mostly because these
laws do nothing but complicate the system so much that the nuts and bolts of a
case have turned into endless debates on definition of the defendant’s nature. If
the legislations were repealed and the law was left alone to simply determine
how heinous a crime was, prosecutors would escape the pressure to prove how
much of the defendant’s motives were biased and to what degree, and instead be
able to focus on the extent of the action taken in order to make the case that sentencing
for harsher punishment should be implemented. Determining what was done to a
victim is much easier than speculating on internal beliefs which are far beyond
provable. Right to a fair trial needs to be restored and can only be done so
with the absence of these micro-managing statutes.
Advocates and supporters of hate crime legislation have
offered that additional revisions are needed for the laws to be fair and more
beneficial to society in adequately covering potentially targeted victims. If
we continue to add to the list of epithets that deserve more sympathy than
others, we will continue to throw off the balance of the justice system. Some
will ask what is to be done with the problem that these types of crimes will
still happen. Cases where a person is targeted as a result of prejudice based
on substantial evidence of should receive harsher sentencing according to the
degree of atrocity in action. For example, in the tragic case of Matthew
Sheppard, a twenty-one year old homosexual who was brutally murdered by two
straight men, which was a horrific account cruelty, the two defendants are
currently serving their life sentences for the monstrous acts they committed. They
were not prosecuted under any hate-crime laws yet received increased penalties
of life sentencing for what they had done, which was two consecutive life
sentences for Russell A. Henderson and a life sentence for Aaron J. McKinney
for his part (Brooke). This sentencing can be applied under current laws
against arson, assault, murder, and rape. Perhaps what needs to be done is a careful
revisiting of current sentencing guidelines and penalties to be enhanced accordingly.
After all, these actions are a result of one form of hate or another and the
message should be sent that all forms of these crimes are unacceptable.
Legislation
that was meant to promote equality has consequently created inequality. While
it is true that there was a time that these laws were applicable to the nature
of society before the Civil Rights movement, hate crime legislation is
out-dated. There are current policies in
effect which already protect American’s in regards to equality under the law
and subsequently, these laws have taken some of that away. Someone is trying to
fix something that is not broken and repeal is necessary in order to keep
freedoms offered by the First Amendment intact. Instead of ineffective
hate-crime accusations, and similar to additional sentencing for the degree in
which murder was committed, especially heinous acts should be examined and
dealt with accordingly outside of these laws. If we were created equal, and
should be afforded the same rights, than resolve needs to be met to continue
down that road.
Works Cited
Brooke, James. "Gay Murder Trial Ends With Guilty
Plea." The New York Times 6 April 1999.
<http://www.nytimes.com/1999/04/06/us/gay-murder-trial-ends-with-guilty-plea.html?ref=aaronjamesmckinney>.
Morsch, James. "The Problem of Motive in Hate Crimes:
The Argument against Presumptions of Racial Motivation." The Journal of
Criminal Law and Criminology 82.3 (1991): 659-689.
Wayne, Carlson. "REPEAL TYRANNICAL 'HATE CRIME' LAWS
BEWARE EFFORTS TO CONTROL THOUGHT AND." Roanoke Times & World News
18 October 2000. Proquest.