The weak case for a hate crimes law

June 26, 2009 10:34 am

— Attorney General Eric Holder told Congress Thursday that a new, federal hate crimes law is needed. We are not as convinced as Mr. Holder.
Hate crime legislation is a continuing debate in Congress and in many statehouses across the country. The idea to prosecute people for their motives when they commit crimes came about after the horrible murder of Matthew Shepard in Wyoming in 1998. Shepard was a gay man and he was tortured and murdered by men who hated him because of his sexual orientation. Yet, the perpetrators were successfully prosecuted for murder without a hate crimes statute. It’s hard to figure out how a hate crime law would have aided those prosecutions.
The idea of punishing people because of their hatred for others is attractive. Why shouldn’t neo-Nazis, Ku Klux Klan members and others who hate based on race or religion be punished for their motives? We have to remember that if they commit a crime, their deed, no matter what their motive, will be punished under current laws. For instance, in Indiana a murderer can either face a death sentence or a maximum sentence of 65 years in prison. Passing a federal hate crime law to punish the same murderer seems redundant and unnecessary.
But, we realize there is a large number of people who believe such legislation would be good for society as a whole. Having a hate crimes law on the books would provide a societal marker that states we as a people won’t tolerate such behavior and will punish anyone who victimizes someone based on their race, gender, sexual orientation or religion. In others words, a hate crimes law would be good public relations for Americans as a whole. Other than that purpose, a hate crimes bill would not add much to the judicial penalties already facing criminals.
We expect Congress will eventually pass some sort of hate crimes legislation due to public pressure. We also believe that law will be written into the Congressional Record and then be rarely utilized by federal prosecutors, who will realize they would be wasting their time trying someone who will also be tried on standard criminal statutes in state courts.