vision2020
Re: Alleged Wyoming hate crime
At 01:08 PM 10/15/98 -0700, you wrote:
>I think setting a cross on fire in someone's yard would also fall
>under arson.
Not Likely. The amount of damage caused to a lawn would probably be
insufficient to consitute "arson" in any state. Descruction of property is
a more likely charge, but given the low cost of sod, you couldn't give more
than a slap on the wrist.
>
>I realize we prosecute "intent" all the time. For example, "intent"
>is what separates the degrees of murder.
>
>I wonder what would happen to blind justice under hate crime laws.
>Would it as bad for Louis Farrakhan's thugs to murder a white man just
>because he was white as it would be for the KKK to murder a black man
>because of his color?
Civil rights legislation is intentionally worded to disregard the color of
criminal vs. victim. So yes, it would be as bad. Incidentally, civil
rights legislation that would include sexual preference (such as
heterosexual/homosexual) would also protect "straights" who are victimized
by gays merely because they are straight. The shoe could be on either
foot; the law would protect both sides equally.
>
>Another thing. What if I went out in the street and started shouting
>invective against stay-at-home-moms? Screaming they were a bunch of
>Maury Povitch-watching, bon-bon eating trash? Saying I hated
>stay-at-home-moms simply because they stay at home? That's
>intimidation (assuming I shout loud enough) based upon their inclusion
>in a specific group.
Freedom of speech. Unless you're disturbing the peace. Since stay-at-home
moms are in every case women (although there are some stay-at-home dads),
your vocalizations could be considered gender-biased. If this escalated to
attack, you could be prosecuted under civil rights legislation. As I
recall a recent supreme court ruling, the violator could be a member of the
same group. So if you arson the houses of stay-at-home moms (and exclude
stay-at-home dads), you could be prosecuted under civil rights legislation,
even if you yourself are a woman.
>
>Or is the whole thing just silly? Shouldn't we just prosecute
>murderers for murder and obnoxious shouters for disturbing the peace?
Have you ever heard of Stonewall? A gay bar or club (my history of this is
sketchy, maybe someone else could give a better version), I think in New
York, where the cops thought it was O.K. to go in and beat people up and
arrest people on whatever whim. After all, they're just gays, right? So
one day the people in the club responded in kind to an attack by the cops,
drove them from the club and up the street, where residents, passers-by,
etc. joined the gays in defense. This was the beginning of the modern gay
liberation movement. The "we're not going to take it" movement. While it
is easy to point out the fact that race has been a much bloodier, more
devisive element in our society, I can't help but to note that gays
frequently suffer treatment that is in character quite similar. Civil
rights legislation is for groups that have not been treated fairly, by
society as a whole, by those we grant the power of violence (police and
military), and by various governmental entitites. Where there is a
definable pattern of injustice, extra measures are often required.
By comparison, shouldn't we educate all children equally? Shouldn't a
child with a learning disability be in the same classroom as children
without such disabilities? Shouldn't that child have the same assignments,
the same deadlines, and no preferential tutoring? Why make a special case?
Why should funds be taken from other students and dedicated to the
learning disabled?
Obviously, people interpret fairness differently. I hope there is no
reader of this list who would do away with special programs in schools for
children with special backgrounds (English as second language, mentally
disabled, physically disabled, emotionally troubled, etc.). Without a
special program in my youth, I might still have a speech impediment. I
feel that both I and society have benefitted from my ability to speak as
other people do. And I believe that society has benefitted from laws
saying that black people have the freedom to vote, organize, and assemble.
Since I have known individuals who have specifically targeted gays for
assult and robbery ("They have a lot of money. You just hit them and they
hand it over..."), I do see a benefit in extending civil rights based on
gender preference.
Respectfully,
Robert Hoffmann 115 N. Jackson St., Suite D
Alt-Escape Adventures Moscow, ID 83843 USA
http://www.alt-escape.com Phone: (208) 883-0642
Fax: (208) 883-8545
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