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Motivation matters in criminal cases
Q: Congress is expected to expand federal hate crimes laws to add "sexual orientation" to a list that already includes "race, color, religion or national origin." Is this necessary? Should there be special laws against crimes motivated by intolerance, bigotry and hatred? Isn't a crime a crime?
In the U.S., as in Islamic law, crimes are differentiated by intention, by the circumstances under which the the crime happened, and by the manner it was done. Take murder -- if you kill someone by accident you may not be charged at all, neither with murder, nor manslaughter. On the other hand, if the death was caused by negligence of such an extent that harm should have been anticipated, you will be.
Similarly, if you kill someone in self-defense, you may find yourself charged with manslaughter if it can be proven that you had little reason to suspect the assailant was trying to kill you, rather than, say, merely taking your wallet. On the other hand, provocation can be a defense against charges of murder if the degree of provocation was such that most people would lose self-control.
Finally, the most severe punishments are usually reserved for those who kill multiple individuals, those who kill in a particularly heinous manner, those who kill in the commission of another, serious crime, or those who kill law enforcement officers or other public officials.
These distinctions are appropriate. They acknowledge the fact that intention matters when it comes to whether a crime has been committed or not. And they acknowledge that not all killing is the same, even though the end result is the same. The man who tortures someone to death, or who kidnaps a woman, rapes and then kills her, or the man who discovers his wife has been cheating on him with the neighbor and then plans out an attack, purchases a weapon, and three days later hides behind his neighbor's bush and shoots him has done something quite different than the guy who finds his neighbor in bed with his wife and in a fit of anger grabs up his rifle and shoots the guy. They are all murder, but certainly of a different degree of atrocity.
The additional distinction of murders and other crimes committed on the basis of bigotry, racism, homophobia, or other forms of group hatred is also appropriate. It acknowledges that killing an individual, or attacking them, or vandalizing their property for no other reason than the fact that he or she has a particular skin color, follows a particular religion, comes from a certain country, or has a given sexual orientation -- or often enough simply because the perpetrator thinks that individuals looks like they have a certain sexual orientation or follows a particular religion or belongs to a certain ethnicity whether they actually do or not -- is particularly revolting. Such crimes deserve stiffer penalties because the victims have done nothing to provoke the crime other than simply existing as they are.
At the same time as it punishes particularly nasty crimes proportionately, the demarcation of hate crimes and added penalties for them sends a clear message that bigotry, racism, homophobia, etc are not acceptable in our society. While this is not the intent of hate crimes legislation, I believe it is an important side-benefit. It is good to decry bigotry or racism or homophobia; but in order to change bigoted or racist or homophobic groups within our society, we must use the whole array of tools at our disposal -- from educational and awareness raising programs to clear messages that hatred will not be tolerated to legal ramifications when that hatred spills over into action.
In Islam we are taught that when we see something wrong we should stop it with our hands, with our words, and condemn it in our hearts. In order to move to a more open and tolerant society, we have to use all these tools. We must reject bigotry, racism, homophobia and other forms of hatred with our feelings, our words and our actions.
By
Pamela K. Taylor
|
October 21, 2009; 10:35 AM ET
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Posted by: Navin1 | October 26, 2009 5:21 PM
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According to the new law, killing someone because of their relgious beliefs should also be classified as a hate crime. I think this should obviously apply to honor killings committed when girls don't adhere to their families' religious beliefs or, Allah forbid, actually convert to another religion. Of course, this is relevant only to Muslim families in contemporary society. And I hope that Ms. Taylor also sees that intent matters when Muslims attack Jewish temples and Jewish people. Need we even mention Muslim attitudes toward homosexuality? If we are really honest about incorporating "hate" as a factor of intent when committing a crime, this could disproportionally impact the Muslim community here in the US or any other country in the world that applies this standard. Will Ms. Taylor still argue that hate matters and should increase the severity of the crime when her coreligionists suffer? In effect, every jihadi attack is a hate crime since its intent is to hurt the unbelievers and force them to submit to Islamic rule.
Posted by: rentianxiang | October 26, 2009 2:50 PM
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Hello halozcel1!
Long time!
Re: Your post
What are you talking about? I have not even posted on this thread!
Also, I don't quite follow you on Kurds, ADL (American Donkey's League), etc.
What are you talking about?
Btw., have been reading Yunus, but I'm told that the English translations are abominable.
Let me know what's up. I understand you are taking exception to Taylor's essay, no?
But what of all the rest? What are you accusing me of?
Farnaz
Posted by: Farnaz1Mansouri1 | October 25, 2009 10:36 PM
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Dear Pamela Taylor,
*We must reject bigotry,racism,homhphobia and other forms of hatred....*(You hint,indeed,*we have to reject Desert Rules Mentality*)
**Surely the vilest of animals in Allah's sight are those who disbelieve/non-muslim** 8.55
**We(Allah) will throw Terror into the hearts of those who disbelieved/non-muslims** 3.151
How can we interpret/appreciate those verses.
Off the Topic by Dear Pamela Taylor permission;
Kurdish Woman Bedia,or JJ,Farnaz,Revelator and hundreds of other monikers,
Most of hundreds of thousands slain armenians murdered by Kurds during WW1(But,Ottoman citizens/peasants had been killed by Dashnak members as well)
Kurd Bedia,
Present Government in Turkey has been supported by ADL(American Donkeys League),so,you have no right to critize.
I thank WashingtonPost On Faith to publish my post.
Posted by: halozcel1 | October 25, 2009 8:57 AM
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MaHaBarrrrr: (Hello):
"J-E-L-O-U-S-Y is the Root of ALL HATE!"
And the reality that mental conditions, such as, "RELIGIOUS JEALOUSY PSYCHOSISEES" and "PRE-APOCALYPTIC SiNDROMES" and "APATHY" is the JINN/SATAN/DEVIL/KALI that "H-A-T-E" arises or Veers It's head from!
Atleast the 'Kettle's Whom Calls the 'Po't Black, can admitt, with Humour, that no one is Perfect. So
To Call one a "QUEER" (for Reminder Purposes or justly innoscent Expressions) or even a "FAGGIT" should not any of CONGESS's Business. The
[THIS] 'Federal Government' is gonna get more than they [US Straights Majority, not non-straight minoritys] bargained for if they entertain this Bigotry within Bigotry!
VOTE: NO Congess! Do not Do anything! Do-Not Fix whats not Broken because you are desperate to 'Suck' the Non-Straights (whom a Rich as a block) for much needed [for campaign/functions] DOLLARS .
SHAM! SH)AME AMERICA (the one We used to Know!)! Oh, How Naive Ye hath become. Hence Ye Down falls are Imminewnt!
Posted by: THE-REVELATOR | October 24, 2009 12:27 PM
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I wish that the muslims of Arabia, Iran, Pakistan, Bangladesh, kashmir, Afghanistan, Egypt, Sudan, Denmark, etc would "stop it with our hands, with our words, and condemn it in our hearts. In order to move to a more open and tolerant society" where minority religions and idolators are allowed to worship without state run hate crimes; or even "moderate" muslims could speak without state and mosque run hate crimes.
hariaum