Re: Alleged Wyoming hate crime

[Lou Sternberg <loustern@primenet.com>]

Scott, 

I agree.  In theory, Briana is correct that no new state laws are needed
because there are already laws on the books to cover the crime.  But in
practice, a federal hate crime law would serve as a back-up when local law
enforcement and/or juries don't have the desire, opportunity or power to
provide equal treatment.  

I think there is another reason that many support the drive toward state
hate crime laws to protect people based on sexual preference.  I think
people want their political leaders to stand up and be counted.  They don't
want them to make public statements of regret for hate crimes, but then cast
a wink and a nod at the 'political constituency' that is actively
anti-gay/anti-lesbian.

By the way (to pick up a later posting in this discussion), burning a cross
in someone's front yard goes way beyond an intended crime of arson.  But
because intent is such a slippery concept to establish in court (were the
cross-burners KKK or 14-year-olds, and what does that prove?), our criminal
laws seem to be a disorganized blend of intent and outcome.  Point the gun
at me and pull the trigger, the legal status of your crime depends your
forethought and intent.  But it also depends on whether or not you miss,
regardless of your intent.  We do legislate both intent and outcome.

Peace,

Lou


At 10:09 AM 10/15/98 -0700, you wrote:
>If local authorities are fairly prosecuting injustices committed against
>minority groups like homosexuals (the favorite whipping group of the
>Christian Conservatives), then I would agree that we don't need the federal
>government to intervene.  I'm too young to recall what went on in the deep
>south during the Civil Rights movement.  My understanding is that that
>African Americans were subjected to horrific injustices that were not being
>prosecuted or even investigated (and in some cases were being covered up)
>by the local authorities and it was the feds who had to go in and handle
>situations like the investigation into the murder of three Civil Rights
>activists.
>
>I would also like to hear Lou Sternberg's analysis on this subject.
>
>-SD
>
>At 07:33 AM 10/15/98 -0700, Briana LeClaire wrote:
>> >It does suggest that Mr. Probasco's question might 
>>> deserve further analysis and discussion.
>>
>>Well then let's analyze and question it further.  Professor Goble? 
>>Linda Pall?  Any other lawyers out there?  Explain to Professor
>>Probasco and me why we need hate crime legislation when assault,
>>battery, slander and murder are already crimes.
>>
>>Maybe lawyers are the exact wrong people to be asking, but I'll chance
>>it.  I'd address this question to Tom Trail (a lawmaker) too, but to
>>my knowledge he's out of the country.
>>
>>Thank you -- Briana LeClaire
>>
>



Lou Sternberg, Ph.D.             (208)343-0555
5017 Bel Air                     loustern@primenet.com
Boise ID 83705-2777