CreativeDominant
Posts: 11032
Joined: 3/11/2006 Status: offline
|
A little more on hate crimes...the interviewer is Michael Martin from National Public Radio and the guest is Paul Butler, law professor at George Washington University Law School. Hrs also a former federal prosecutor and the author of DIets Get Free: A Hip-Hop Theory of a Justice". MARTIN: And another criticism of hate crimes laws is that they punish thoughts, not behaviors. You know, the argument being that the behavior - assault, homicide, whatever is already punishable by the law and, in this case, you're punishing a thought. It's a thought crime. Do you have any thoughts about that? BUTLER: You know, as a civil libertarian, as a big fan of the First Amendment, I have to say it concerns me. So, if we think about the Rutgers bullying case, if Mr. Ravi had been convicted of intimidating the victim there because he was a nerd or because he was skinny, then he'd get five years in prison. Because he was convicted of intimidating him because he's gay or is perceived to be gay, he gets 10 years. So it does seem like we're getting awfully close to punishing thought crimes. I think bigotry, including homophobia, is wrong, but I think, in a free society, you have the right to think what you want, no matter how wrong it is. MARTIN: Is there any kind of ongoing dialog around hate crimes laws in the academy or anywhere else? BUTLER: Sure. Well, there's a big academic debate centering around whether we really are punishing people for what they think and then when we look at what lawmakers do, you know, in Florida, after another hate crime, heinous crime against a homeless person, they actually broadened the category of hate crimes to include homelessness in Florida. And there were a lot of groups that were against that because they thought that was watering it down too much. In Oklahoma, where we're now looking at this heinous crime, there was a concern about including homosexuals. So again, there's a big debate, but almost every state now has these laws. And, you know, before, I've been in here talking about how many people we're locking up and how many crimes we have, so politicians, prosecutors - they kind of like these because it's like, the more people we're locking up, the more they can say they're tough on crime. I just don't know if they're needed." The rest of the interview is here: http://www.npr.org/2012/04/10/150351860/are-hate-crime-laws-necessary
|