An article in yesterday's Washington Post by George Will illustrates
the fallacy behind special punishments reserved for crimes of "hate".
Some of the points he makes however translate well to all manner of
behavior that is purposely demonized by the state for political
purposes. What follows is an excerpt from his 10/15 article which can
be viewed in its entirety at:
http://www.washingtonpost.com/wp-srv/WPcap/1998-10/15/010r-101598-idx
.html
---
Congress continually uses the criminal law as a moral pork barrel, for
indignation gestures. Compassion is today's supreme political value,
so politics is a sentiment competition. It is less about changing
society than striking poses: Theatrical empathy trumps
considerations of mere practicality. [An effect we have all witnessed
time and again as pertains to firearms] But the multiplication of
hate-crime categories -- statutes stipulating that some crime victims
are especially important -- is an imprudent extension of identity
politics.
In their book "Hate Crimes: Criminal Law & Identity Politics," James
B. Jacobs and Kimberly Potter define such politics as individuals
relating to one another as members of competing groups defined by
race, gender, religion, sexual orientation, disability and so on. In
such politics, it is strategically advantageous to be recognized as
victimized or otherwise disadvantaged.
Hate crime laws are, Jacobs and Potter argue,
"morale-building legislation" because they confer
such recognition. But does the competition for
special government-conferred status for particular
groups advance the aim of hate crime laws -- a more
tolerant society?
Such laws mandate enhanced penalties for crimes
committed as a result of, or at least when
accompanied by (can juries be counted on to
distinguish causation from correlation?), particular
government-disapproved states of mind. Granted, law
has the expressive function of stigmatizing
particular conduct. However, should government
plunge deeper into stigmatizing thoughts and
attitudes?[A question that could well be posed to those who would
seek to demonize the "gun culture"] The consequence will be more and
more crimes presented by prosecutors as especially wicked because
the defendants had odious (but not illegal) frames of mind. ---
Aside from one particularly distasteful article written by Will
expressing his desire that the Second Amendment be repealed, I think
he has a great insight into the excesses and hypocracies of the
politics of the "New Age".
=rod=