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 Tuesday, October 30, 2007
Lawyer and author Wendy Kaminer has a very helpful piece in the Wall Street Journal exposing the dangers and misconceptions relating to hate crimes legislation now in Congress.  She also makes the case that civil libertarians wary of government intrusion into personal rights should support their social conservative cohorts in opposing hate crimes.

She addresses the charge that the current hate crimes bill does not deal with speech but only violent crime.  She explains this view but then concludes:

Still, distinguishing hateful bias crimes from other hateful acts of violence punishes ideas and expression, no matter how scrupulously the legislation is crafted. When someone convicted of assaulting one woman is subject to an enhanced prison sentence or a more vigorous prosecution because his assault was motivated by a hateful belief in the inherent inferiority of all women, then he is being punished for his thoughts as well as his conduct.

Hate crimes should really be called “thought crimes” or “bias crimes” as noted here:

…without directly criminalizing speech, the proposed Matthew Shepard Act (like other hate-crime laws) does effectively and intentionally criminalize bias, when bias is shown to bear a direct relationship to a violent crime.

The hate crimes bill could also threaten the important constitutional principle prohibiting “double jeopardy;” being prosecuted twice for the same crime:

But freedom of thought is not the only liberty at stake in this debate. The Matthew Shepard Act would also subject defendants to double jeopardy for a single offense. The bill expressly states that defendants prosecuted in state court may be prosecuted for the same crime in federal court, if federal officials determine that "the verdict or sentence obtained pursuant to state charges left demonstrably unvindicated the federal interest in eradicating bias-motivated violence."

She concludes her piece noting that the killers of Matthew Shephard were tried and convicted to the full extent of the law.

Matthew Shepard's killers were convicted of homicide and kidnapping by the state of Wyoming and are serving consecutive life sentences. His torture and murder remain awful to contemplate, but civil libertarians ought not be squeamish about questioning the consequences of the law that would bear his name.

How would a hate crimes law have punished them any more?

For more on hate crimes click here or here.