Hate Crimes

I am putting the question out there again to the legal minds in the crowd: what is the impact of the ongoing decision to not charge people with hate crimes when they are in fact guilty of them? Does this represent a precedent setting trend?

Xicanapower has a list of the latest hate crimes ranging from threats against differently-abled persons to the Jena 6 case. Get informed: here

7 thoughts on “Hate Crimes

  1. I’m not a lawyer, just a law student, but I don’t see a mechanism in which not charging someone with something could set a precedent at all.It can fail to be a case that sets a good precedent but it can’t set a bad one – to set a precedent, something must go all the way to the judgment stage. In these cases, the (unmade) hate crime charges don’t even make it into the court.Back to my usual lurking without commenting,WTTO

  2. WTTO – thank you. I did mean precedent in that legal sense, but also in that extra-legal sense as in: does the consistent failure to press for hate crime status mean that it will erode the strength of the law ideologically and culturally through lack of use?I appreciate the legal answer – ie no case, no precedent. What about the cultural one?

  3. Yeah, as for the not directly legal sense, I think you know as well as I do what the results are, but among other things, we see that hate crimes laws aren’t taken seriously or as an alternative that can actually be used by most of the community.It seems like every crime that gets committed has some reason that it can’t be a hate crime. It’s a corollary to denying that racisim/sexism/homophobia/transphobia exist.I am looking through my old files but I can’t seem to find the article I had that cited the fact that more folks of color get charged with (or was it convicted of?) racially-motivated hate crimes than white people. Does anyone know the article I am talking about that is a critical analysis of hate crime law in practice?

  4. I believe I found the citation I was looking for, although I cannot access the actual article.Lisa Crooms, “Everywhere There’s War”: A Racial Realist’s Reconsideration of Hate Crimes Statutes

  5. WTTO – I know what I know, but certainly not from a legal standpoint. Hence the question.I had no idea more people of color get cited than white people. I am calling the librarian to get me a copy of the article you mention as I type. Thanks for this reference, scary as it may be.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s