Hate Crime Legislation - it's unjust

Hate crime legislation is wrong for America, and it perverts our criminal justice system. Let's take a libertarian look at what hate crime laws are intended to do, and then let's see what they really do.

"Hate crimes" are a type of criminal activity that targets a specific portion of the population. They are called "hate crimes" because some are motivated by racial and cultural hatred or intense dislike.

The idea is that certain people need special protection.

I understand that some people are vulnerable to certain types of attacks, but isn't that true of most of us at one time or another? Aren't there many crimes that target specific individuals, not because of hate, but because of other reasons like vulnerability, desirability and convenience.

Would we say that robbers "hate" convenience stores? No, in fact they are popular criminal targets because they are indeed convenient - open 24 hours a day, staffed by employees that usually aren't motivated to defend the enterprise, and often the convenience stores have policies against employees being armed.

So, there you have it. Convenience stores are often "sitting ducks" and targeted by armed robbers. Pedophiles can be seen in much the same way. They target children, not because they hate them, but rather they have an interest in them and they are very vulnerable.

In the 2008 election cycle, one family oriented special interest group wants to see legislation passed that prohibits a known pedophile from entering a place that is frequented by children. Of course, there will be special penalties for violating the law, so that type of law is really a type of hate crime legislation. It makes children special victims, just like other victims of "hate crimes".

So what is the problem with laws that are a type of hate crime legislation? Here it is in a nutshell. This type of legislation:

• establishes special victim status for certain individuals
• it encourages others to seek special victim status
• the laws provides and encourages "unequal protection" that is patently unfair and unconstitutional
• it prioritizes our efforts to prosecute those types of crimes because by law, they're special
• such laws dilute our efforts to prosecute other crimes
• it takes special circumstance judgement out of the courtroom
• the laws attempt to prevent crime with a piece of paper and a threat

Can you see the problems associated with such laws? In addition to those listed above, such laws also create a larger demand on law enforcement and corrections to establish "special victims units" and monitoring infrastructure for the convicted.

This demand on the criminal justice system will only spiral into a larger burden on taxpayers as more and more groups will demand special victim status for protection under hate crime legislation.

Let's look at the potential here:

• motorcyclists
• children
• seniors
• the "rich"
• celebrities
• bicyclists
• immigrants (legal and illegal)
• handicapped
• holders of public office
• long haired
• those with tattoos
• government employees
• yuppies
• single parents
• night shift workers

Hey, if think some of these categories are ridiculous, consider this:

• The "rich" are already victimized. Ten percent of the people in this country pay about 70% of the taxes, and when it comes to giving tax rebates, nearly everyone is against giving anything back to the "rich" who are responsible for paying the overwhelming majority of taxes.

• Our wonderful "celebrities" already get special police protection at many of their events. Who else gets that kind of protection as an individual or group?

• Police are often "protected" from murder with a special capital offense statute in many states. What about other government employees? Why aren't they special too?

Hate crime legislation and other laws that make special victims of people with certain characteristics can be seen as an outgrowth of special protection offered to government employees like police officers.

So the question is simply: Where does it all stop? I suppose it stops when we realize that we're all special and all deserve the same level of special protection. In other words, equal protection. That's what a Libertarian would suggest. But isn't that what the 14th Amendment is all about?

Done with Hate Crime Legislation, take me back to Preventive Law

Done with Hate Crime Legislation, take me back to Hate Crime Laws

Instead, I want to go to Stupid Laws