Hate crimes do happen in Indiana

June 10, 2008
Back to TopCommentsE-mailPrintBookmark and Share
A Muncie man was sentenced June 6 by a federal judge to 121 months in prison for a hate crime. The man burned a cross last year in the lawn of a woman and her three biracial children back in 2006. The man also tried to prevent a witness from speaking to FBI agents about the cross burning. Just last month in Muncie, a Ball State student claimed he and his friends were victims of a hate crime when they were attacked by two people shouting homosexual slurs.

In case you didn’t know, Indiana is one of just five states without sentence enhancements for hate crimes. If local officials want to prosecute someone for a racially motivated attack or destruction of property because of one’s religion, gender, or sexual orientation, sentences can’t be lengthened because of the motive for the attack.

The debate is whether Indiana really needs to have hate-crime legislation on the books – a crime is a crime, right? But when people are targeted because of the color of their skin or their sexuality, it affects the greater community in ways that random incidents of crime may not. You can bet that other minorities who lived near the woman who had the cross burning in her yard were more fearful of it happening to them than non-minorities in the area.

Even though these may be isolated incidents, they still affect the psyche of those around them who may not look at the crime as a random incident, but as an area of town or an establishment where a particular minority isn’t welcome. These crimes show that the Indiana General Assembly needs to pass legislation to allow Indiana to join the other 45 states who have decided crimes motivated by hate deserve tougher penalties.
  • Do you really think there are crimes that do NOT have an impact on people other than the victim? They all do. If you work in a convenience store and one gets tuck up in the next town and maybe the woman working there is killed, you\'re going to be scared. If cross-burning is worse, make it a Class A felony. Penalties depending on psychoanalysis of the criminal bring back echoes of 1984.
  • You can bet that most individuals doing these crimes are not considering if they live in a state where hate crimes add an additional 5 or tens years to the sentence. Sure, I think it sounds good to know you live in a state where hate crimes are double-time, but is this really going to prevent? This guy got 10 years. Odds are, after 2 months in the joint, this guy would wish he\'d never done the crime. And, I\'m sure he\'d never commit the same crime again after he\'s released. But, in the interest of promoting a state where the perception is everyone is racially playing equal, then by all means pass the legislation. But, the fundamental root cause of these crimes still goes unanswered.
  • The most amazing part of this subject is that 45 states or 90% of our states think that policing the subliminal thoughts of criminals is as important to our criminal justice system as policing actions and intent of criminals. How ridiculous. As pointed out by previous commentators there is no practical additional deterrence, nor is there any victim benefit. So what is the motivation to even have a sentence enhancement? The answer seems quite obvious to me-simply put: vengeance. So we wish to utilize the powerful hand of government to satisfy the emotional reflexes of disgruntled persons or groups with a political ax to grind? Is that the role that we really want adopt? Come on, people. Let\'s get to back to basics. We can\'t even rehabilitate the criminals that we already have behind bars. All we are accomplishing currently is higher criminal education while incarcerated. That is a major problem for our entire society. Wouldn\'t that be a much more worthy aim of added efforts in our criminal justice system?
  • In practice, hate crime enhancements operate to impose greater sentences on white males as a group for the same crimes committed by perpetrators of other groups.

    Is this a denial of equal protection of law-- equal protection for white males?

    Are we trying for a color blind society or one in which white males are punished for the sins of earlier generations?

    If such a law is passed here, will it engender the very bad thoughts that the enhancements are designed to encouraged? In a word, is it counterproductive to its explicit goal?

Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): http://tinyurl.com/zdmawmw (“2016Pet”) Amicus brief 2016: http://tinyurl.com/hvh7qgp (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.