From today’s Dallas Morning News, the Senate voted Thursday to extend the definition of “hate crimes” to include those against homosexuals – specifically, crimes committed on the basis of the victim’s gender or sexual orientation, but I doubt anyone is thinking of crimes like that against Jesse Dirkhising. Sen. Jim DeMint (R-SC) described the measure with the words “Orwellian” and “thought crime.”
A senator saying something insightful is uncommon, but hate crime legislation is an obvious example of thoughtcrime. The accused is no longer convicted for just an act of violence, but for doing so with the wrong thoughts. Consider, the word “hate” in “hate crime” is redundant – who has ever robbed, assaulted, or murdered someone they admire? Merely increasing the severity of punishment isn’t a likely rationale, either, since I would guess (though I know assumptions are dangerous) that juries are more likely to recommend longer prison sentences, or capital punishment if that’s available, for particularly brutal or malicious crimes anyway. Increasing the severity of a crime’s maximum punishment is possible, but that would likely raise the punishment to a level beyond just compensation for the offense – though I wouldn’t put it beyond Congress to do that – and cases of homicide are already a capital offense.
Why, then, is hate crime legislation necessary? I can think of two reasons.
The first is mentioned in the DMN: the new measure would “give the federal government the authority to prosecute violent, anti-gay crimes when local authorities failed to [emphasis mine].” So, it’s another federal power-grab. There’s nothing new in that, though. The federal government has been expanding its legal (not lawful, mind you) purview to prosecute crimes for decades.
The second is to punish politically incorrect thoughts. Few civilized men (excuse me, “men or women”) would argue that bigoted attitudes are correct or anything but harmful to society; however, nobody – especially not the state – has the authority to deny someone the right to hold such beliefs, regardless of how foolish they are or how many people’s feelings may be hurt by them. If someone does commit a crime on the basis of his bigotry, let him be tried for that crime, and the judge and jury may determine how to weigh the motivation into their verdict and sentence.
So, will hate crime laws stop here? If the mere thought of racism or homophobia or whatever is so dangerous, surely the dissemination of such ideas must also be outlawed. In fact, the government’s policy would need to prohibit these dangerous thoughts outright. Will an Orwellian state come into existence in the United States? Perhaps not, but if it does, then hate crimes seem a likely entry point.
Filed under: Legal Reform, Miscellany, Young Voices (30 & Under) | Tagged: bigotry, hate crimes, politics | Leave a Comment »