Hate crimes do happen in Indiana

June 10, 2008
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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?

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.