**ALERT** Hate Crimes Bill to Hit Senate This Week (Maybe Wednesday)


Just what sort of thought will be deemed a "hate crime" if this bill passes?

The Matthew Shepard Hate Crime bill (S909) is poised to hit the floor of the Senate this week, perhaps as soon as Wednesday. *Call your Senators and tell them you want this thing stopped.

This bill is an egregious example of liberal overreach. If passed we will see any manner of sexual perversions legitimized as unassailable and any crime or speech against these proclivities will be suddenly termed a “hate crime.” We will also see crimes against gays and lesbians suddenly deemed as somehow worse than crimes against straight people simply by the virtue that the victims are gay.

We will also have codified crime based on thought if this bill passes. How will a judge or prosecutor determine if “hate” was the basis for crime, anyway? How can a jury know that a gay man was beaten because he is gay as opposed to because he didn’t give a mugger his wallet? And what of religious speech against certain sexual proclivities? Will that be deemed a “hate crime” now?

Another problem with this bill is that it determines “hate” by defining the sexual proclivities against which the “hate” is perpetrated. As Representative Alcee Hastings (D, FL) said praising the bill “…this legislation addresses our resolve to end violence based on prejudice and to guarantee that all Americans regardless of race, color, religion, national origin, gender, sexual orientation, gender identity, or disability or all of these philias, and fetishes, and isms that were put forward need not live in fear because of who they are.”

Of course, just what “sexual orientation” or “gender identity” is going to be codified by law as worthy of protection from “hate crime” and what is not? After all, to make law, definitions must be arrived at. Are we going to include pedophelia in this? If not, why not?

Finally, this thing is typical of a brand of liberal activism that jumps to action regardless of reality or facts. See, this bill was based on the 1998 beating death of Matthew Shepard of Laramie, Wyoming. After Shepard was murdered by a pair of criminals and drug addicts the claim was raised that the beating took place because Shepard was gay. It seems that truth was, however, that the pair of criminals thought Shepard had money and they wanted to rob him of it. Drugs were also a motive. They did not attack him because he was gay. Still, an entire cause was made of something that was not factually true.

In any case, this is bad law that opens the door for thought police, codifying into law as legitimate any manner of sexual perversion, not to mention that it will muddy the waters for prosecutors and judges across the country.

Call your Senators and tell them to vote no. It will only take a few minutes to do.

* Find your Senator’s contact info.

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15 Comments Leave a comment

[Banned because he was a twit...]

uncledadagain Wednesday, July 15th at 9:04AM EDT (link)

[...replaced because, really, is it so hard to look up the spelling of the word 'pedophilia?' - ML]

lots of silliness

kyle8 Wednesday, July 15th at 9:17AM EDT (link)

“This bill is an egregious example of liberal overreach.” any specifics?

Because it changes to law to make some people more deserving of victim-hood than others.

“We will also have codified crime based on thought if this bill passes” How so?

That is evident from the article. I can’t help it if you are not too swift.

“Are we going to include pedophelia in this? If not, why not?” Pedophelia is illegal, being queer is not (not yet anyway) that’s why!

So is assault, that is sort of the whole reason for this brua ha ha, you are punishing similar crimes in different ways.

“Call your Senators and tell them to vote no” Yeah I’m gonna call senators Vitter and Ensign and tell them to stand up for traditional values!

The presence of hypocrites in no way invalidates the thing that those hypocrites may have championed. Your attitude is childish.

“Nothing works like freedom, Nothing succeeds like liberty”
Kyle

 

Clean up aisle 5....nt

Aaron Gardner Wednesday, July 15th at 10:13AM EDT (link)

Aaron’s Archive

conform and celebrate diversity….or else!!!

 
 

Hate Crimes Bill added to Defense Appropiations Bill!

Xasteius Wednesday, July 15th at 10:01AM EDT (link)

link here

Don’t leave the party, hijack it back!

Eternal vigilance is the price of freedom.

When I grow up, I don’t want to be Reagan. I want to be Art Chance.
~Aaron Gardner

 

Burr and Hagan

discombobulated Wednesday, July 15th at 10:07AM EDT (link)

As expected, Burr is a No and Hagan is a yes.

 

Don't sweat the small stuff

jonreagan Wednesday, July 15th at 10:33AM EDT (link)

Yesterday, the House unveiled its plan for the largest entitlement program in US history, to be financed by the largest soak-the-rich tax scheme in history. Keep in mind, should this thing ever get passed, it will never be reversed. Ever. We’ll just be stuck with it, and like Medicare, it will bankrupt us more than we already are.

And the Senate will ultimately consider Waxman-Markey—1200 pages of nonsense which may be the most misguided policy ever written by the Congress. It too amounts to a massive tax increase, which will, in the words of the current White House occupant, “make your energy prices skyrocket”.

“Largest in history” is the common thread to all of these disasters. They follow passage of the largest “stimulus” bill in history…..but that one is already passed and done. We can’t do anything about the porkulus bill; just float bonds in an effort to finance it.

Against this backdrop, I think I’d probably let the hate crimes bill go. We have much bigger fish to fry—–like our economy, and somehow protecting our standard of living.

 

Sneak Attack

Swamp_Yankee Wednesday, July 15th at 10:58AM EDT (link)

This is minor compared to other bills, but this is still extremely important. Embedded in this bill is some outrageous language that could have implications for faith based orgainzations and their opposition to gay marriage.

Dont let them slide. This would be extremely unpopular if people knew about it. Instead, the Dems probably had this on reserve for months waiting for mutliple headlines to create the necessary buffer from the people.

This thing sucks.

 

Not as bad as portrayed.

stoicsophist Wednesday, July 15th at 6:53PM EDT (link)

“If passed we will see any manner of sexual perversions legitimized as unassailable…”

Yes, exactly, if by “legitimized as unassailable” you mean it will be illegal to assault someone just because of their actual or percieved sexual proclivities. Which is true now, by the way.

“…any crime or speech against these proclivities will be suddenly termed a “hate crime.”

No it won’t. If it is not a crime now, it will not be a crime after this bill passes. Everything you can say now you will be able to say then. This bill only modifies how punishment is assesed, not what sorts of acts are punished.

“We will also have codified crime based on thought if this bill passes.”

We already have done so. Long, long ago, too Motive plays a role indeterming what sort of punishment should be administered in most cases. Hence, premeditated murder, mens rea, etc. This is nothing new.

“How will a judge or prosecutor determine if “hate” was the basis for crime, anyway?”

How does a judge determine if someone was killed in a fit of passion, or for the insurance money? How does a prosecutor determine if a death was intentional or accidental? Like I said, this is nothing new.

“Of course, just what “sexual orientation” or “gender identity” is going to be codified by law as worthy of protection from “hate crime” and what is not?”

The short answer is ALL sexual and gender identities, real or percieved. That is why is says “sexual orientation” rather than “homosexuality”.

“Are we going to include pedophelia in this?”

Well, yeah. If you beat up someone just because you are unger the impression that the’re a pedophile, correctly or not, this is a crime. In fact, it’s a crime right now. This does not mean that pedophelia is okay, or that you will be arrested for speaking out aganst it, or for using violence to prevent a pedophile from harming a child. It just means that you cannot commit a crime against somene because you think they like kids.

So, yes, pedophilia will be included. What of it?

As to Matthew Shepard, what actually happened in that situation is irrelevant. That may have formed part of the inspiration for getting the legislation passed, but is is not the *reason* for its existence. Hate crimes do happen, whether or not the death of Matthew Shepard happens to be an example of the phenomena. The only question is what you think ought to be done about it.

I do not consider the below to be an example of violent behavior from the pro-health care rationing side.

Well...

Warner Todd Huston Thursday, July 16th at 11:20AM EDT (link)

“The only question is what you think ought to be done about it.”

Try nothing because there isn’t anything TO do “about it.” Violent crime is ALREADY against the law. There is no more “worse” to it.

Oh, and, I find it interesting that you don;t mind if pedophelia is legal. That is pretty sick of you, don’t you think?

———-
Be sure and Visit my Home blog Publius’ Forum. It’s what’s happening NOW!

Oh,Please.

stoicsophist Tuesday, July 28th at 5:34PM EDT (link)

“Try nothing because there isn’t anything TO do “about it.” Violent crime is ALREADY against the law. There is no more “worse” to it.”

That is a legitimate point of view, and you should have focused on that, instead of spouting off a bunch of counter-factual hysteria about OMG THOUGHT POLICE!!!

“Oh, and, I find it interesting that you don;t mind if pedophelia is legal. That is pretty sick of you, don’t you think?”

I made no such claim. If you look at my post you will notice I said that:

“This does not mean that pedophelia is okay, or that you will be arrested for speaking out aganst it, or for using violence to prevent a pedophile from harming a child.”

…which should make it pretty clear that I do not condone the abuse of children. The first distinction you are failing to notice, however, is that performing an illegal act does remove the protection of the law from the perpetrator. You don’t get to beat up pedophiles just because the’re pedophiles, any more than you get to beat up tax-cheats, wife-beaters or jay-walkers.

The second distinction you fail to notice is that a sexual orientation is defined without regard to whether or not it is practiced. It is, in fact, perfectly legal to be a pedophile, so long as you abstain and do not act on your urges. You don’t get to beat up people for what they might want to do, but don’t do. A person has the right to be Hitler between their ears, as long as that’s where it stays.

Does this make me entirely happy? No, but, like free speech laws that protect Nazis as well artists, it’s something I’m willing to live with.

(p.s. Accusing me of supporting pedophelia? Really? That’s pretty scummy, and seems to me like the sort of thing that would violate your decorum rules. I’d ask for an apology, if I thought you were capable of sincerely offering one.)

I do not consider the below to be an example of violent behavior from the pro-health care rationing side.

 
 

If, as you seem to be suggesting, this bill doesn't actually DO anything...

randy streu Thursday, July 16th at 11:54AM EDT (link)

then why pass it? Some things are already illegal to do, so why not just keep them that way? What is the POINT?

See, here’s the ugly little secret about this: by assessing punishment BASED ON THOUGHT, what they do is open the door to rendering those thoughts illegal? How? Pretty easily, actually. It’s almost as simple as math. Try this:

Assault is illegal. Let’s say it carries a penalty of 3 years. I’m not a lawyer, and I haven’t checked to see, so let’s just go with my assumptions for the sake of argument.

Through an assessment of the charge as a “hate crime” — something that can ONLY be a subjective judgement, by the way (for example, what if a person hates gay people, but only assaulted the victim to get his wallet? Do you or don’t you charge him with a hate cime?) — further penalties are assessed to add 2 years.

did the victim bleed more because of the assailant’s motive? Is he somehow MORE vicimized in this particular instance? (Man, this WOULD have only rated a seven on the pain scale, but since he hit me because I’m gay, it’s an ELEVEN!).

So what we’ve done then, is take a three-year crime and, based on WHY it happened, make it a 5-year crime. That means the convict gets three years for the assault, and two years for hating the guy before punching him.

So, though the bill doesn’t actually make hate, in and of itself, a crime, it penalizes you for it. This sets a precedent that hate is, in fact, punishable by law.

And actually, it's worse than that.

randy streu Thursday, July 16th at 12:27PM EDT (link)

first, purely from a logistical standpoint. A Hate Crime is necessarily a different class of crime than a simple “assault” or murder, or whatever else. Meaning that the defendant is put into the position of defending his own state of mind at the time of the crime. A district attorney also has a couple options which make this whole thing difficult. Does he charge the suspect with both a hate crime and the original crime? Does he charge the suspect with just a hate crime — and what does that mean for the suspect? Does that mean being guilty of the crime itself, regardless of actual motive, makes him guilty of the “hate crime?” OR, if a jury manages to find the defendant not guilty of a hate crime, does he get off on that charge and then have to be charged again, of the crime itself? What impact would this have on Double Jeapardy laws?

Now, back to the defense of state of mind. How is a jury to know why a person attacked someone? Until now, it has been the DA’s job to establish motive. Can the simple failure of the DA to do so result in a hate crime conviction? Let’s say some guy is in my face, I don’t like it, so I punch him. Hard. More than once. Okay. I get arrested for assault, as I should be. Turns out, the guy is gay. The police ask why I punched him. Now, it gets tricky. If I give a motive, I cop to the assault. I have a 5th amendment Right not to do that. So I stay mum. Cops can’t establish motive, but the guy is gay. What are they gonna do? Investigate more fully? i’d like to think so. But what if they don’t. They COULD just charge me with a hate crime. After all, I hit they guy, and he’s gay. Cut and dry, right? So I get charged. All the evidence is going to point to the jury that I hit the guy. The DA may never even present the case that i, myself, don’t like gay people. He’ll just talk about the fact that the victim is gay, and that I hit him, seemingly for no other reason.

In other words, the defendent is now in the position to EITHER excersise his right to remain silent, OR avoid being charged/maybe convicted with a “greater” crime.

Or, let’s say, fine. I cop to the assault and explain my reasons. All the jury has is my word. And as I’m sure the DA will point out, that is the word of a guy who’s just copped to an assault.

Are you starting to understand the problem here? Is it starting to become clear? I hope so, because I honestly don’t have time, now that I’ve laid the pieces out, to put them all together for you. It’s time for lunch.

No.

stoicsophist Tuesday, July 28th at 5:50PM EDT (link)

“They COULD just charge me with a hate crime. After all, I hit they guy, and he’s gay. Cut and dry, right? So I get charged.”

This is simply not how things work. If a lawyer presented such a case, based solely on the fact that there is no proof you didn’t hit the guy because he was gay, the judge would laugh in their face and then toss it. And maybe start disciplainary proceedings. A lawyer with the ink still drying on her JD could easily demolish the case, in the astronomically unlikely event it got that far.

This would. Not. Happen.

Our justice system simply does not work that way, and this bill does not change it so that it would.

I do not consider the below to be an example of violent behavior from the pro-health care rationing side.

 

p.s.

stoicsophist Tuesday, July 28th at 6:01PM EDT (link)

“A district attorney also has a couple options which make this whole thing difficult. Does he charge the suspect with both a hate crime and the original crime? Does he charge the suspect with just a hate crime — and what does that mean for the suspect? Does that mean being guilty of the crime itself, regardless of actual motive, makes him guilty of the “hate crime?” OR, if a jury manages to find the defendant not guilty of a hate crime, does he get off on that charge and then have to be charged again, of the crime itself? What impact would this have on Double Jeapardy laws?”

This is also not how it works. A hate crime is not a separate charge, it is a modification of an existing charge, like first-degree murder or aggravated assault, that determines what punishment you get if convicted, and which requires the prosecutor to prove additional facts in order to get a conviction. You cannot be charged with just the “hate crime”, any more than you can be charged with just “first-degree”, or just “aggravated”, and there are no Double Jeapardy implications.

I do not consider the below to be an example of violent behavior from the pro-health care rationing side.

 
 
 

You're ignoring the unequal protection of the law aspect

civil_truth Thursday, July 16th at 12:23PM EDT (link)

Others here have argued regarding the slippery slope of criminalizing throught. But let’s say for the sake of argument that you want to criminalize hate, or at least use it to extend sentences, which then makes it an incremental crime. We still have serious equal protection process.

1) First, only certain groups of people or attributes are protected against “hate”. So gender identity is protected but being a veteran is not, for instance. A black is protected but not a white, and probably other groups such as Pacific Islanders.

So it’s not the concept of hate that you want to penalize, only hate directed against certain politically connected identity groups. And if you don’t belong to such a group, you’re out-of-luck.

2) Second, there’s the issue of quantitating the hate, or determining what is the threshold level. How many e-mails, group memberships, hearsay conversations, etc. will be the trigger point for saying that this person actually has “hate” as opposed to say discomfort or a bad sense of humor. Or dislike or moral objection - this is all subjective and is likely to depend on the identity of the accused and the political clout of his identity group (Baptist vs. Musliim vs. white Catholic vs. ethnic Catholic vs. Black Muslim).

And particularly when this hate crime enhancement will be at the discretion of the prosecutor, we’re going to see community pressure and intimidation come into play - where again the identity group of the accused will have an undue influence on the case disposition. Another unblinding of justice.

3) Then there’s the question of tying the hatred to the victim - even say if the person has a hatred towards gays, etc., was this hatred operative during this crime. Was the accuser even aware of whether the victim was gay or was this coincidence. And at what point does the hatred kick-in in terms of premeditation. And how much of this will be inference vs. actual evidence. Or how sympathetically the victim can be drawn.

4) And how will we keep the burden of proof on the prosecution side. Especially if the crime itself produces revulsion, how will a jury be able to separate it’s revulsion at the crime from the issue of hate enhancement - or will it just be a way to throw the book, or for the prosecutor to lower the evidence level for the actual crime (i.e. this is a hateful guy, therefore his likelihood of having the crime is higher by virtual of that hatred).

 
 

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