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.
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  • 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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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