Earl Ofari Hutchinson, New America Media, June 21, 2009
An odd thing happened the day before Attorney General Eric Holder demanded a tougher hate crimes law. The U.S. Commission on Civil Right—of all groups—wrote a letter to Senate leaders demanding that the Senate reject a tougher hate crimes law.
The commission didn’t just oppose a tougher law, it passionately opposed it. It claimed hate crime laws trample on state sovereignty, create a whole new class of victims (i.e. gender and sexual preference victims), and even more bizarrely, snatch away the rights of a defendant to get a fair trial in a state court. {snip}
That has been the ritual complaint the few times that federal prosecutors have tried and convicted civil rights-related cases over the years, such as those involving the Klan, nightriders, the Los Angeles cops that beat Rodney King, and a handful of others. Holder is hearing all of this again. And that is one reason the House until lately, and now the Senate, has ducked, dodged, and stalled passing the kind of hate crimes law that Holder wants.
But even without the roadblocks that conservatives throw up to scuttle a tougher hate crimes law, nailing hate mongers has always been tough sledding. Hate crimes prosecutions are a muddled, fuzzy area clouded by narrow federal legal statutes, and worse, politics. {snip}
In racial hate cases, for instance, simply pillorying someone with racial epithets while committing a physical assault against them might not pass the legal muster of what is a hate crime. The crucial element is whether the racial epithets shouted at the victim were incidental or the precipitating factor in the attack. {snip}
Then, there’s the even more muddled picture of how much actual hate violence there really is in America. The Southern Poverty Law Center in its annual report for 2009 says that the number of hate groups now nudge nearly 1,000. The National Coalition of Anti Violence Programs says that there were nearly 30 hate related murders in 2008, the highest number in a decade. Gay rights groups claim that attacks on gays have climbed.
Yet, the figures on hate violence give a hazier picture. According to recent FBI Hate Crime Reports, the number of reported hate crimes in the United States has remained fairly steady, hovering between 7,000 and 9,000 during the past decade. In most states, hate crimes have dropped to record low levels. In California, the number of hate crimes dropped by more than half from 1996 to 2002.
The Bush administration took note of that. Despite loud protests from civil rights groups to bring more hate crime prosecutions, it did just the opposite. Justice Department figures showed a 60 percent plunge in hate crime investigation referrals during the Bush years. But Bush was hardly the only president who didn’t make hate crime prosecutions a priority. The White House foot-dragging on hate crimes has nothing to do with racial double standards and everything to do with politics and practicality.
Federal prosecutors don’t really want to bring criminal civil rights cases before the court. They see them as no-win cases with little political gain and lots of risk of making enemies of local police, DAs and state officials. The rare time that the feds cracked down on civil rights violence was during the 1960s civil rights battles.
{snip}
Original article
(Posted on June 22, 2009)
Comments
Do not be distracted. The issue is not whether or not it is possible to know the mind of a defendant. It is not whether or not this consideration “muddles” the issue.
The problem with hate-crime laws — or more specifically, enhanced penalties for crimes committed as a result of bias against certain protected groups — is that it criminalizes thought. In a free and civilized society, laws are made to restrict certain actions, but thoughts are to be regarded as the private right of the individual.
That hate-crime laws criminalize thought can be proven algebraically.
The penalty for a given crime *per se* is X.
The penalty for the same crime committed in
conjunction with “hate” thoughts is X + Y.
Therefore, the penalty for the hate thought alone
is(X + Y) - X = Y.
It is easy to get away with this injustice when the victim is an unsympathetic criminal. But it is a pernicious principle that can eventually be attached to non-criminals (in the traditional sense of what we think of as criminals). It is only a short logical step to say that the penalty for the hate thought alone (Y) can be applied in the absence of any traditional crime.
This is the comment I submitted:
“The only exceptions to the hard nosed rule that prosecutors stay out of state cases occurs when a hate crime triggers a major riot, generates mass protests or attracts major press attention.” In other words, when the victim is black. In the vast majority of “hate crime” cases, the victim is white but, since white people don’t do race riots, authorities don’t call those “hate crimes”. Instead, they just say “wrong place. Wrong time” or “a random crime”. Also the media is grossly biased against white victims of hate crimes; they refuse, in most cases, to even report them. For detailed information on anti-white media bias, read “Coloring the News” by William McGowan. For detailed information on anti-white crime, read “The Color of Crime” by Jared Taylor.
Somehow, I doubt they will publish it.
We have been doing a lot of (successful) activism opposing the proposed Federal Hate Crime Bill.
Our position is very strong here:
We oppose the efforts to politicize the prosecution of violent crime in America - all murders, rapes, assaults are hateful and Hate Crime laws are a clear effort to bring EU/Canadian restrictions free speech and persecute Americans for thought crime.
When the PC leftist bring up hate crime martyrs in Red States like Mathew Shepard or some Hispanic, African American supposedly killed by hateful White racists, nativists, homophobes etc, simply call attention the the hundreds of murders, rapes done by inner city gangs with open racist names:
The Mexican Mafia
The Black Gangster Disciples etc.
Gays and just about everyone else are relatively safe in places like Wyoming where there are virtually no murders, not so Chicago, Detroit, Miami.
Are we supposed feel safe being told that the 500 plus murders in Chicago were done by gang bangers who were not politically incorrect - most voted for Obama and don’t have problems with legalized homosexual marriages or open borders immigration from Muslim countries?
If urban America’s appalling murders don’t fall in to the official PC “Hate Crimes” what are they “love crimes”?
And then after you have really given in to some Congressional staff member of this idiot PC hate crimes bill, end the conversation by mentioning the fact that most American voters really hate corrupt Washington politicians.
:-)
Have some fun out there. We’re doing not that bad in so many ways these days.
Thank God for the U.S. Commission on Civil Right. BECAUSE, if things had to wait for the “piss poor” attitude of MOST American citizens to actually get the b-lls to fight AGAINST these abominable hate crimes laws, we would all be enlslaved by now as far as freedom of speech and even thought goes.
In case anyone is wondering, hell yes I’m trying to piss people off on this forum as I do on others. WE SHOULD ALL BE ASHAMED OF OUR SELVES FOR ALLOWING THESE LEFTIST CRIMINALS TO CONSTANTLY CONSPIRE TO TAKE AWAY OUR RIGHTS AS AMERICANS.
In racial hate cases, for instance, simply pillorying someone with racial epithets while committing a physical assault against them might not pass the legal muster of what is a hate crime. The crucial element is whether the racial epithets shouted at the victim were incidental or the precipitating factor in the attack. {snip} this happened to a friend in cincinnati,an (NICE) african american man ask my pal for the time and when he looked at his watch he were pounded about the eye area and knocked to the ground from the handle of a handgun all the while racial epithets were flying out of this fine mans mouth. but the african american man had the since to come back and ask the white man if he had a cell phone or i’ll kill you and he handed it to him. and the police filed it as a robbery.
The Civil Rights Commission has changed quite a bit for the better since Mary Frances Berry left. She would quickly endorse a law that saw blacks, gays, etc, as victims while declaring open season on whites. . We already have a whole body of assault type crimes and they should be enforced equally. It seems that “hate crimes” for selected victims violate the Equal Protection clause of the 14th Amendment.
This isn’t an insult to Mr.Holder.
(Merely an objective description)
Mr. Holder has been quoted as wanting more of his group in higher positions of power.
(this is prejudice and bigotry on his part)
Mr. Holder has power: he has title of Attorney General.
Prejudice + Power = Racism.
Racism = Bigotry + Power .
Mr. Holder has used this power to LET OFF THE HOOK THE NEW BLACK PANTHER PARTY WHICH HAD COMMITTED VOTING RIGHTS VIOLATIONS AGAINST THE WHITE PERSON WHO WAS TRYING TO VOTE IN THE PRESIDENTIAL ELECTIONS.
Therefore, Mr. Holder is a ONE-PERSON HATE GROUP ,with a great deal of power and this power has already been used against innocent people, simply because of their race(that they are white, through no fault of their own).
Lets hope that this “Hate Crime Bill” contains language which can be used to stop Mr. Holder’s racism against whites.
This shows that most blacks and hispanics aren’t really in favor or ‘equal rights’. They say that under the guise of preferences and taking power away from white americans. It’s taken me a long time to figure that out.
Has anybody here of a black being charged with a hate crime for murdering a white? I see some whites being charged under this law but have yet to read of a black being charged. In KCMO we had two blacks ambush and kill a white bicyclist in the early morning hours as he was riding home from work. They tried twice to shoot him missing on the first try but were successful on the second try at a different location. Their sentence was 15 years each for this cold blooded calculated murder.
Ken P, you are of course right. The end result will eventually be that charges will be filed against someone for his politically incorrect thoughts which are not state sanctioned. But I dont for a minute believe that that is why the US Commission on Civil Rights opposes tougher hatecrimes laws. IMO, they see the tide turning in America. WHites are fed up with blacks attacking them while yelling racial slurs and then hearing someone in charge say there is no evidence that race played a part in the assault. They (civil rights commision)are fully aware that blacks are far and away the most likely to commit an interracial crime and thusly if the law is equally applied, it will be blacks who will bear the brunt of the costs of this new legislation. And they cant have that. Blacks are number one on the protected list.
Im sure if they could find a way that these laws would effect whites only and make minorities immune from them, that is exactly what they would do.
Post #4, Bobby: I couldn’t care less what some limp wrist thinks about what I say. If they don’t like it, TOO BAD.
As far as getting people in this Country with some spine to speak up for a change, I can tell you now, don’t hold your breath.
It’s been about three weeks since Christopher Jones was murdered in Maryland, and I have not seen one person on here, or elsewhere, address my question as to when a massive Rally will be held to Demand Justice for this boy, and his family.
The Murder of Christopher Jones, Channon Christian, and Christopher Newsome, as well as the most recent anti-White Murder Victim, Ben Kensella, who was a 16 year old British Teenager, are all “Hate Crimes”.
These Crimes were never put on the News in my area. I had only heard about each of them through the Internet.
Unfortunately, ABC, NBC, CBS, CNN, and MSNBC had better things to do, and more important News stories to cover than these anti-White Murders, so they did not give us around the clock coverage, that the Duke Rape Case Hoax received, or the continuous, and quite unnecessary, coverage of the joke Don Imus made about the Rutgers’ “Nappy Headed Hoes”, that Al Sharpton took keen exception to.
Yes, these points were much more important than the carjacking, rape, torture, mutilation, and murder of two White people on a date, or a White Teenage boy, riding his bicycle, one block away from his home, when he was kicked, and beaten to death, by several Black Teenagers, that went to the Victim’s School.
Where are the High Profile Investigations by the FBI for these “Hate Crimes”? Nowhere! And, I won’t hold my breath, either.
When they talk about ‘double standards’, they aren’t talking about the fact that, blacks, are 100 times more likely to rob whites, 34 times more likely to assault whites, and 16 times more likely to murder whites, than the reverse, and yet are only 2 1/2 times more likely to be charged with an officially designated hate crime, all the while the coverage of these events is seen as if hate is something only whites do to non-white? This isn’t the double standard they are talking about? They’re saying there is a double standard here which must be exposed that’s benefiting whites? I suppose just printing out the real facts will get you named as one of the ‘1,000 hate groups in America’. Don’t forget to follow that up in the next sentence by lamenting the ‘30 racial murders in 2008’. Then say there is a racial double standard.
“The Bush administration took note of that. Despite loud protests from civil rights groups to bring more hate crime prosecutions, it did just the opposite. Justice Department figures showed a 60 percent plunge in hate crime investigation referrals during the Bush years. But Bush was hardly the only president who didn’t make hate crime prosecutions a priority. The White House foot-dragging on hate crimes has nothing to do with racial double standards and everything to do with politics and practicality.”
Politics? Practicality” In Obama World, located two doors down from Wonderland, prosecuting hate crimes to sate the thirst for vengeance of our smiling First Couple and their terrorist Weathermen friends is practical and necessary. If you know the insanity of 1969 Left politics and the violent expression of its leaders like Obama buddied Ayers and Dohrn, you know why the State now must jail Americans for their beliefs on race. Dohrn and Ayers continue their jihad for “black liberation” using th Communist drone and Manchurian Candidate, the “President” and “First Lady”. Eric Holder is but a mechanic in this plot.
4 — Bobby wrote at 8:06 PM on June 22:
Thank God for the U.S. Commission on Civil Right. BECAUSE, if things had to wait for the “piss poor” attitude of MOST American citizens to actually get the b-lls to fight AGAINST these abominable hate crimes laws, we would all be enlslaved by now as far as freedom of speech and even thought goes.
Bobby,
I’d like to take that a step further. When are most American citizens going to have the “huevos” to defend themselves against the predations of the primitives?
If I hear about one more White family who, in court forgives the defendant for the rape murder of their daughter, I’m going to puke. THe “family” of the defendant leaves the courtroom ridiculing the victim’s family.
Hate Crime: A violent assault by one or more Blacks against a White victim.
Spray painting the “N” word on a sidewalk or wall is vandalism and nothing more and should be dealt with as such.
Codification of “hate” is a scary thought for anyone who has read and understood Orwell’s 1984. We have a right to hate whomsoever we feel hatred towards. No one has a Constitutional right to be loved and wanted, nor does any government have a legitimate interest in what goes on between a man’s ears, or in his heart. We need to stand up and let the Left know we are prepared to die to preserve our right to free speech.
Anonymous at 11:05 PM
…but when Funkhouser’s wife allegedly refers to a black female city worker as mammie. Katie, bar the door! It will make you sick and you’ll feel guilty for economically subsidizing it, but pick up a copy of “The Call” once in a while. I only do so to keep up with the agenda of the other side
The tortured reasoning liberals use to justify laws against so-called hate crimes is absolutely astounding. The fact that violent crimes already carry the possibility of harsh penalties throughout the land means hate crime laws are redundant and superfluous. Teddy Kennedy says that “No member of our society deserves to be the victim of a violent crime because of their race, religion, ethnic background, disability, gender, sexual orientation, or gender identity.” Does Kennedy think its alright for people to be victimized for other reasons? Perhaps he uses this logic to absolve himself for the misdeed of subjecting Mary Jo Kepeche to criminal negligence that he (probably) is culpuble for. Just a thought.
Rathbone:
Less than five years after the Kopechne incident when very highly unusual legal techniques were used to exonerate EMK, he was quoted as saying, “Is there a separate justice for the poor and downtrodden and another for the rich and mighty?” when Ford unconditionally pardoned Nixon. I admit, I paraphrased considerably, but it still conveys the same hypocritical sentiment.
exkc:
I think Funkhouser is like Steve Cohen in Memphis, in that they both slipped in as whites winning in a mostly black jurisdiction b/c multiple credible blacks split the black vote. I read a few weeks ago that there is a recall petition out on F’Houser. I think the black machine in KC wants his white scalp.
A few years before that, F’Houser came out and said that convicted felons should be allowed to be KCPD cops, mainly to pander to blacks. F’Houser knows that felons can’t own guns, so I think this was all a bait and switch to “bargain” down to a radical proposal that would have no chance if proposed on its own, but looks good when compared to letting felons be cops. I think the “bargain” will be lowered testing standards for black applicants.
The handling of the case of the pollcemen that beat up on Rodney King was an example of unconstitutional double jeopardy. The original jury, seeing the entire tape (not just the part aired endlessly on television), concluded that the policemen acted properly, given that King had lunged at them and resisted arrest. Then after the policemen had been cleared of charges of use of excessive force the federal government charged them with violating King’s civil rights. But the only “violation” they could come up with was the alleged use of excessive force, the very crime the policemen had been acquitted of. When I see this abuse of our court system I wonder why anybody bothers to become a cop.
If a “hate crimes” bill means more politically correct shredding of the Constitution, we definately don’t need it.
Unnoticed by almost everyone, the very first federal hate crime law established a legal precedent to allow government agents (police, Judges, etc.) to employ arbitrary thought-policing as a validly upheld criteria for increasing the severity of enforcement of law and punishment.
Now it is possible to be legally punished for our thoughts, and this makes farce out of every concept of freedom or liberty.
All hate crime laws should be immediately abolished as anti-American. Elect those who will.
If this piece of unnecessary repressive authoritarian leglislation passes, the first time a Christian is attacked in this country by products of the modern liberal public education system taught government supported ideology: the government itself should be put on trial and held responsible for purposefully producing the thought behind the criminal hate behavior. Put the entire system on trial using this law says I.
WR the Elder:
I apologize for not having the Supreme Court ruling reference handy. But, it was in 1922, when states’ rights were still held in high regard. The ACLU fought long and hard to overturn this ruling, but were mysteriously mum during the LAPD’s exoneration.
Question Diversity:
The sad and pathetic truth about KC is that is still 62 or 63 percent white, excluding the Mexicans. The city limits extend well north of the river, almost halfway to St. Joseph. The Northland is very white. But then there is the blacker and/or more liberal Jackson County portion. Despite, Jackson County, whites still have a comfortable majority in KC. That’s the sad and pathetic part. I always considered Francis Slay’s victories as more remarkable.
Question Diversity:
Sorry, I forgot to add this. You were right. Funkhouser did “slip in”. The election was a squeaker.
exkc:
Then that doesn’t say much for those whites, because Kay Barnes and Emmanuel Cleaver were mayors before now.
St. Louis is 51% black and 44% white, but whites are about 60% of all voters b/c blacks don’t vote as much. The DOJ, back during the civil rights days, figured that you would need a jurisdiction to be 2/3 black and 1/3 white for the voters to be 50-50.
We had one radical black mayor, Freeman Bosley, but he slipped through because of (1) black voter fraud, precincts on the north side took hours and hours to get downtown b/c poll workers were stuffing the boxes after hours, and (2) Multiple whites, one of whom, with an Italian surname to appeal to The Hill, was rumored to be paid by the Bosley forces to get in and split the white vote.
Question Diversity:
For some reason, white liberal women are treated with kid gloves and are allowed to skate by the black political machine; i.e. Kay Barnes and Karen McCarthy.
What is the deal with KC whites anyway. Friend, I am not sure either. I have a few theories that I’ve cobbled together, which may or may not be accurate.
1. There is a large population of country folk who moved there from the sticks. Alas, I too, am the proverbial hick that moved to the big city. I’m from SW MO, which is Republican. But a lot of these people were once reprsented by less-obnoxious Democrats like Skelton, Volkmer, and Danner. Ignorance, I suppose. They can’t differentiate between a Chillicothe Democrat and a KC one.
2. The Harry Truman factor. Even GOP office seekers, when campaigning there, can’t pepper their speeches enough with references to him.
3. The large white hoosier population in NE KC, few of whom are model citizens. If you ever watch COPS on location in KC, and you see a wild glazy eyed toothless 90 pound meth-head ranting and raving about whatever. It’s a safe bet that he’s not far from Van Brunt or Independence Aves.
4. The deliberate white liberals from Hyde Park, Westport, Brookside, Valentine and a good portion of Waldo. I’ve seen just as many Obama, Cleaver and Brooks (Funkhouser’s black opponent)
yard signs in those areas as on around Prospect. A lesbian state senator, who along with her “girlfriend” is raising an unrelated teen age girl as their “daughter,” represents those areas.
I find it refreshing that blacks are starting to cause a lot of trouble in Westport, to the point where the nightclubs are losing substantial business.
Expereince is often the best teacher, but seldom does she get an apple. HA! I hope those fools are enjoying the diversity.
5. The Northland. The best part of KC. A fiendishly purplish area,which can delight as well as enrage conservatives and liberals alike even during the same election. There is signicant union influence though, UAW, the auto and Harley Davidson plants.
It’s not uncommon for a person who is unfamiliar with the area and is shopping up there to get his Toyota keyed.
Well, enough of me. Just some observations from a curiously detached non-native “ex resident.”
exkc:
I had to explained to me before, and I think I might have repeated here to you. KC’s whites generally have their roots in the plains and the OK/AR hills; they think of themselves as “regular Americans” and therefore not racial. St. Louis’s whites are more ethnic, and where there is ethnic thought, there is racial thought. Plus a fair southeast MO/Mississippi influence doesn’t hurt, either.
Question Diversity:
I can assure you that Southwest Missourians are not only regular Americans, but quite racially aware as well. Cashew chicken is the only ethnic dish that we have ever embraced. There are a scant few of blacks and Mexicans, but they are usually well behaved and keep their bad habits to themselves because they know that we will fight back, if necessary. We Ozarkers wrote the book when it comes to paybacks.