Unequal hate

Reading through the Indiana Daily Student the other day, I stumbled upon an interesting feature regarding hate-crime laws. The article covered recent efforts by Indiana legislators to introduce “bias” laws. Rep. Greg Porter (D-Ind), author of a new hate-crime bill, said Indiana was one of only five states without hate-crime legislation. I wondered, is this such a bad thing? \nOpposition to hate-crime laws comes from a variety of sources – conservatives, religious groups and libertarians. Each group has its own qualms with such laws, but their positions do not necessarily capture the complexity of hate-crime legislation. My primary opposition to all hate-crime laws stems from the pillar of our criminal system – equality. Hate-crime laws violate the presupposed notion of equality by handing down harsher sentences for certain crimes. If everyone is acknowledged as being equal before the law, shouldn’t all crimes, regardless of the victim’s race, ethnicity or sexual orientation, be prosecuted similarly? \nSupporters of hate-crime laws argue that crimes committed against individuals because of their group affiliation should be prosecuted harshly since there are larger societal ramifications for the crime. In other words, attacking black people simply because of their race sends a larger message to blacks in society and should, therefore, not be tolerated. This line of thinking works only if members of traditionally disadvantaged groups are the victims of hate crimes. Under the current system, a black man who utters a racial epithet while attacking a white man can be charged with a hate crime. Last time I checked, a white man isn’t a member of the “oppressed class,” and a crime against him is hardly reflected in any societal prejudices. \nIn 2006, the FBI reported that hate-crime incidents rose by almost 8 percent. Leftists are quick to contend that this increase necessitates hate-crime legislation because it demonstrates the need. Even with this increase, though, hate crimes constitute only .00067 percent of total crimes reported. It is interesting to note that while crimes against blacks stayed constant, reported attacks against whites increased by 7.5 percent. This death of hate crimes indicates that special laws will only obfuscate the current legal process. Law enforcement is well equipped to deal with criminal violations without placing the added pressure of determining motive or bias on them. \nIt is also important to note the effect that hate-crime laws have on free speech and association. Currently, it is possible to classify a crime as motivated by hate if the individual belongs to a neo-Nazi group, even if the crime and the perpetrator’s association with Naziism are unrelated. \nHatred is borne out of a deep-seated resentment of others, and this irrational anger will not be stemmed by hate-crime legislation. Additionally, hate-crime laws do not help reorder traditional power structures, the causes of racism and homophobia in our society. Cosmetic fixes that are propped up by politically correct forces do little to promote tolerance. Instead, they advance the narrative of “us versus them” and ultimately, this is the biggest pitfall of hate-crime legislation.