The Hate Crimes Prevention Act Will Not Prevent Hate Crimes I am not anti-gay, nor am I opposed to gay rights. I believe that same sex couplesshould be allowed to marry and to adopt children. Also, openly homosexual individualsshould be eligible for service in the military.
Despite this acceptance of peopleshomosexuality, I hold that the Hate Crimes Prevention Act is unnecessary in the UnitedStates. I understand that gays and lesbians live in fear of being attacked, but who can besure that new legislation would deter criminals when existing assault and battery laws donot? This bill will only complicate the overburdened legal system, confuse the law, and It is dificult enough for prosecutors to get convictions on criminals. This bill will addthe complication of motive to the trials. Instead of simply proving that a personcommitted a crime, the prosecutors will have to prove that the motive behind the crimewas pure hatred of homosexuals.
The motive element will place unneeded pressure onthe lawyers and keep dangerous criminals on the streets. Another problem with the Act is that it will confuse the law. What, exactly, is a hatecrime? Who gets to decide? Is it the victim? The perpetrator? The jury? There are toomany possibilities for conflicting judgments. A mugging could be misconstrued as a hatecrime and the offender could be sentenced more harshly than if his victim were aheterosexual.
I understand that this is protection for the criminal instead of the victim,but criminals have the right to a fair trial and protection from double jeopardy. Aperson can only be tried once for a crime, unless new evidence can be presented againsthim (or her). The Act will allow the federal court to try a person, after he has beenacquitted by the state court, without having to supply additional evidence. This legislation also calls for tougher sentences to imposed on proven hate crimeoffenders.
This is unfair. I have a lot of troule with someone being treated moreleniently for attacking me than they are for attacking a lesbian. Assaulting or killing ahomosexual should carry the same consequence as assaulting or killing a heterosexual. Ido not believe that gays and lesbians should be singled out and beaten solely because oftheir sexual preference. Though, if they happened to be attacked then the offendershould get the same punishment as if they had attacked a heterosexual. The Hate CrimesPrevention Act will give special protection to homosexuals.
Thus, it will violate my rightto equal protection under the law. Homosexuals are seeking equal rights in other issues,such as marriage and adoption, so they must accept equal protection from assault. Theycannot expect singular rights that ordinary American citizens do not enjoy. Assaulting or murdering a fellow human being is already illegal throughout the UnitedStates no matter what the motive behind the crime.
This new legislation will do moredamage than good by infringing on constitutional rights, confusing the law, andhampering the already overtaxed legal system.Bibliography: .
