Tagged: criminal law
Law 28: Breakup as abetment to suicide and other weird tales from the real world
EN-IT
*
EN
Vanity Fair
“Saudi bans ‘Abaya’ for Muslim students in exam halls; Crown Prince orders adhere to uniform.” (Hindustan Times, YouTube, Dec 2022)
The video does not show the uniform that female students will have to wear instead of abaya, so this piece of news is wanting.
Crown Prince Mohammed bin Salman (MBS) otherwise said: “The decision is entirely left for women to decide what type of decent and respectful attire they choose to wear.” Not so for female students, as they will have to don a uniform other than the abaya. – Still, at the same time that they defang the mutawa, the religious police, this. Consequently, I believe Saudi women will wear indecent and disrespectful attire in public, because there no longer is police enforcement of the decency rule. The abaya is a consensual sign of decency. For every innovation in female attire, there will be a question regarding its decency but no one to properly enforce the rule and, at last, no one to bother about it because it will be too much strain to monitor each fashion change in the endless race of vanity.
If you look at Pakistan’s current Minister of State for foreign affairs, Mrs. Hina Rabbani Khar, you’ll see she wears a veil. Yet her veil reveals all her hair, and not only the hair but also the hairdo; it is only a piece of cloth attached to the back of the head. If this is decent attire, then wearing no veil at all is no less decent because the difference between this sort of veil and no veil lies somewhere between nil and minimal. Presumably, Saudi women’s fashion will follow the same direction as a result of Saudi authorities’ current stand against the traditional and rational abaya. Instead of decency, mockery.
With Mrs. Rabbani Khar’s veil, you also see the ears. With the earrings. It would be a pity not to be able to show such expensive jewels, would it not?
Meanwhile, in Western countries, the next trend in lawmaking will be menstrual leave. Mark my words.
(Post-scriptum. According to some, the abaya ban in exam halls has been motivated by a will of Saudi authorities to prevent the use of crib sheets, as the attire would facilitate it.)

*
“Bulldozer Crackdown”
“BJP government in MP [Madhya Pradesh] punishes man with bulldozer action for assaulting girlfriend.” (Hindustan Times, YouTube, Dec 25, 2022)
(i)
On the one hand
The man’s house being “illegal,” it was bulldozed because of its illegality and certainly not because of assault and battery by the owner on his girlfriend. Can you image a system where the administration bulldozes one’s house because of battery, and this even before any judgment by a court of law? No, the assaulter was not punished by the government for assaulting somebody: he will be judged for his assault and, as to his house, as it was found illegal it was bulldozed. If the house had been bulldozed by virtue of an extrajudicial decision of the government, and that were normal, then India would not abide by the rule of law. But the whole story has nothing to do with administrative “punishment” of a wrongdoer. This is not how the law works.
(ii)
On the other hand
If certain illegal houses, a certain slum had been brought before a court already, MP government had a court order to demolish the slum, not a permission to demolish some of the houses at the government’s discretion. Then, assuming MP government chose to ignore the order based on governance considerations, by allowing some people to live in illegal houses it detracted from the principle of equality before the law. Then, when it punishes a wrongdoer from the slum by bulldozing his house, the government commits another breach of the principle, as the wrongdoer will be punished not only by way of the penalty prescribed by law but also with demolition of his dwelling, which presumably is not in the code under the head of assault and battery. The government may believe to correct one breach, a “plus breach” for the individual (who benefits from government tolerance, in disregard of real estate law), with a “minus breach” (adding an administrative penalty, namely cancellation of said tolerance, to the usual, expected judicial penalty), but in reality it only accumulates breaches of the equality principle.
My take on the issue is that operations of this kind do not reduce crime and are not even aimed at this. If it took bulldozers to prevent violence, the laws should be rewritten to replace prison by bulldozing. But the government thinks it’s got a convenient tool to exercise a judicial power of its own, which it does not have by virtue of the separation of powers. By ignoring real estate law and, in many cases presumably, property rights of landowners whose land is illegally occupied, it creates a slum jurisdiction in which the real judicial power is the government, instead of courts, because there is no defense against an administration that can send a bulldozer to demolish one’s house, and slum dwellers therefore fear not as much the courts as the government. This preeminence of the executive is authoritarian. Slum dwellers are at the mercy of officials, completely dependent on their flippant whims, without recourse. (In such grey zones, drugs and prostitution rings could be run by law enforcement and other officers themselves.) Such governments have no enticement to eliminate slums and on the contrary a direct interest in maintaining them. The only way to see that change is to reject the government’s claims to behave as property law enforcer against individual slum dwellers.
In (i), I overlooked the slum dimension of the issue, which is that slum dwellers are at the mercy of government officials. Also, as several people live in the house, there is a collective dimension to the punishment which is contrary to the Universal Declaration of Human Rights, of which India is a signatory state (although, technically, the wrongdoer and his family are not punished with bulldozing for the wrongdoer committing battery but for the family’s illegal occupation of land).
Some people argue that MP government’s maneuver is good deterrence, as trials are long processes. – However, even if a trial can be long, there is such a thing as pre-trial detention, especially for murderers and violent criminals, which are named by these people. Many accused are kept under arrest while their trial is going on, so the remark is absurd. Then, bulldozing the illegal house of a wrongdoer, not because of illegal occupation of land but because of something else, is not permissible. First, the government tolerates illegal occupation of land regardless of landowners’ rights. Then, officials blackmail the squatters by threatening to bulldoze illegal houses not because a landowner is harmed by illegal occupation but because a squatter does something wrong, and that something can be anything, from battery as in the present case (but the criminal code has no such penalty as bulldozing a house in punishment for battery) to looking askance at one or the other official’s conduct. Finally, bulldozing a house where several people live in retaliation for the wrongdoing of one person is against legal principles of the civilized world and the Universal Declaration of Human Rights. This story, once understood, is appalling publicity for the Indian regime. It talks of slums, that is, lawlessness for landowners; it talks of extrajudicial punishment, that is, lawlessness for slum dwellers; it talks of collective punishment, that is, lawlessness for everybody.
(iii)
And then
“J&K [Jammu and Kashmir] government bulldozer action against Hizbul Mujahideen deputy chief. According to authorities, Ghulam Nabi Khan alias Amir Khan had a wall built on encroached land as an extension to his house in Liver Pahalgam in the south Kashmir district. Khan is a self-styled operational commander of the Hizbul Mujahideen outfit and had crossed over to Pakistan-Occupied Kashmir (PoK) in the early 1990s and is operating from there.” (Hindustan Times, YouTube, Dec 31, 2022)
Is “bulldozer crackdown” (Hindustan Times) the specific penalty against “terrorists,” then, rather than the legal response to encroachment? – India fighting terrorism with excavators. Now I better understand the phrase “the long arm of the law”: it talks of the articulated arm of excavators.
I’m impressed how Indian authorities punish terrorists for their violations of urban planning.
What a show of powerlessness by Indian authorities! To have people labeled terrorists and punish them for estate encroachment…
*
“‘Burn Indian High Commission’: Maldives ‘India Out’ campaigner Adil Riza arrested.”(Hindustan Times, YouTube, Dec 25, 2022)
I disagree that the tweet, as presented, is incitement to arson. Abbas Adil Riza claims the 2012 riots and arsons in Maldives were provoked by India and the damages have not been compensated. “We should start with embassy” is to read in this context, the asking of compensation. In the same way that some threats are true threats and others are merely rhetorical tools in controversies, this tweet is rhetorical, not incitement. The tweet means Maldives has a right to compensation for the 2012 arsons. As India may acknowledge its debt and pay it, the payback alluded to, arson for arson, is not a true threat; it is obvious that arson cannot repay arson, this is merely a way to express the urgent need of compensation after the alleged damaging interference. The tweet is not about Maldives’ retaliation but about Indian reparations. There is, to be sure, a form a rhetorical threat in it, namely: “Absent reparations, Maldivians may retaliate with arson against the embassy and other Indian estate in Maldives.” However, as the threat is conditional, it cannot be incitement, and rather a rhetorical tool in an ongoing debate about reparations or about the events of 2012.
*
Only in BJP India:
Breakup as abetment to suicide
“BJP [political party with Hindu nationalist ideology] MLA [Member of the Legislative Assembly] R. K. [I do not wish to publicize the MLA’s name on this blog] said if there is any love-jihad angle in actor [actress] Tunisha Sharma’s suicide, then the police will probe that and take strict action. The BJP MLA added the communal angle after Tunisha’s co-actor Sheezan Mohammed Khan was arrested and sent to police custody for four days based on the complaint [for abetment to suicide] by Tunisha’s mother.” (Hindustan Times, YouTube, Dec 2022)
The love-jihad spin deserves some explanation first, for a Western readership. Some Hindus believe that Muslims practice a form of jihad these Hindus call “love jihad,” which takes the form of relationships between Muslim males and Hindu females, the aim of which would be to alienate the latter from their religious community and any other malice conceivable. And now to the point.
Breaking with one’s lover is not abetment to suicide. First of all, extramarital relationships are not protected by law. When you are dropped like a bag of dirt, you get a broken heart, whether you can live with it or not. If you want your relationship to be protected, do not consent to anything outside marriage.
“The FIR [first information report] says that the breakup may have pushed Tunisha to the edge.” A man arrested for breaking up with his girlfriend is the salient and weird piece of news here. The love-jihad spin by a MLA was unfortunately predictable, given the arrested man is a Muslim; it is the predictable and deplorable sequel of something unexpected and very lawfare-like. Merely breaking with one’s girlfriend is not abetment to suicide, which requires intent and some form of direct incitement and/or active psychological pressure. Even if the breakup were the direct cause of suicide, it still would not be abetment, absent further elements hinting at intent and pressure; therefore, that such a vague FIR (“breakup may have pushed Tunisha to the edge”) can serve to arrest a man is appalling. The police themselves may be engulfed in love-jihad fantasies and prejudice, to allow this.
“Cops … maintain that there is no angle of blackmailing or love jihad yet.” So why was Sheezan Khan arrested? Do they intend to torture him to get false confessions? The mother’s declarations, as described, do not support the case for abetment to suicide. There used to be, in Western countries, a crime of fraudulent or deceitful seduction (tentative translation of French “séduction dolosive”), which would apply to false promises of marriage as alleged by the mother. However, it is obsolete in the liberal “emancipated” West, and as India is so eager to be as liberal as the West on morality issues, I believe it does not exist in India either. But to talk, in lieu of this, of abetment to suicide, on the grounds presented, is frivolous.
Sheezan Khan has nothing to do in police custody. Police said there is no blackmailing or love-jihad angle “yet,” and the complaint for abetment to suicide is frivolous: to presume intent to abet suicide in a breakup is unwarranted. A man being grilled in police custody after his lover’s suicide is appalling publicity for the Indian regime; it is outrageous. In any case, a breakup cannot per se give enough reasons to presume intent to abet suicide, or love jihad, or blackmail, or whatever, and arrest a man.
*
“Gujarat Shocker: BSF [Border Security Force] Jawan [soldier] lynched after fight over his daughter’s ‘obscene’ video. The soldier along with his wife had decided to confront the accused teenager for allegedly circulating the video. However, on raising the issue with the teenager’s parents, the accused’s family attacked them.” (Hindustan Times, YouTube, Dec 2022)
The more liberalism ruins authority within the family and community, the more it is compelled to repair its mistakes with harsh liberticidal legislation, such as against so-called revenge porn. Liberalism is against families because it is against freedom. If you don’t want obscene videos of yourself on the web, then don’t allow videos to be made of you to begin with. Liberal laws do not have in view payment for acts but rather shielding from payment for acts. You agree that a video is made of you, but you call the police when it is released; yet it is you allowed the release by allowing the video to be made. You’re asking the state to repair your own mistakes. You were lured by promises of lustful liberty and now you beg the police to beat up your lovers with bludgeons and torture them in dark cellars. You are the ones asking for a police state.
In police states, women have their lovers killed by police in basements to prevent revenge porn. Termination is paid by the taxpayer. What kind of state is India?
In France, revenge porn is admissible evidence in a divorce case, yet it is a crime. Think about it.
A man should not marry a woman whose obscene videos are circulating on the internet.
*
“Twitter’s Deep Involvement with CIA [after FBI] Now Out in the Open | Twitter Files” (Firstpost, YouTube, Dec 2022)
So, Twitter is basically an intelligence department within the public administration, and yet all this commercial advertising on the platform? Shocking.
*
In the Year of the Rabbit
Not one country will lift a finger to help Taiwan. China’s quarantines have had an impact on the world economy, with tensions on many production lines. You can’t wage a war against the workshop of the world, it would have to be a blitzkrieg and that’s impossible against China. It must be a war of attrition and you can’t fight such a war against the very workshop of your armies.
(ii)
On hypothetical Western sanctions against China: the phrase sounds so unreal! How could any country impose sanctions against the workshop of the world? The workshop would keep producing, but its “sanctioning” outlets would collapse.
It is because of foreign investment that China became the workshop of the world, and why has foreign investment gone to China to begin with? Because of profit maximization and free trade. That is to say, companies won’t leave China unless it becomes less competitive, less attractive, or because national states see China as a threat and force companies to leave the country, i.e., if there are sanctions against China. Western sanctions against China are no more unthinkable than a completely different makeup of the world economy, but they are unthinkable in today’s situation.
Companies coming in a country on commercial considerations and leaving on political considerations, are leaving to their own commercial detriment. In Europe, so many factories have shut down over the last decades. As unions say, when this happens, this is not only a factory that is closing but also know-how that goes lost; as the industrial base has been narrowing, redundant skilled workers cannot find jobs for their specific skills any longer and must apply for unskilled jobs. National relocation of industry would be a long process, and this must deter nations from taking sanctions against their workshop, China, because in the short run they will suffer from the sanctions more than sanctioned China.
*
Criminal trials do not require complaints. Imagine a man without family and he is murdered. He can’t complain because he’s dead and relatives can’t complain because he had none; yet the authorities will investigate the case to bring the culprit before a court of law. Another example: A man having one relative is murdered by his relative. The victim won’t complain because he’s dead and the relative won’t complain because he’s the murderer. Complaints are not needed in criminal cases for justice to be done.
*
On Indonesia’s extramarital sex ban. If governments are allowed to ban drugs, there is no reason why they could not ban extramarital sex. When you take drugs, is it any less your own business? Extramarital relationships are the business of any government having marriage regulations, that is, of all governments. Pay attention that, where adultery is not banned, it is a legal cause of punitive divorce. Where adultery is not banned, there is divorce for misconduct. However, when the situation between the spouses is asymmetrical, this civil procedure is wanting, so a criminal procedure may correct the asymmetry and restore harmed spouses in their rights.
*
The lèse-majesté laws of UK are shrouded in mystery. 1) When one cabinet member said these laws are no longer valid, the statement was later recanted. As it was recanted, it is to be assumed one still faces imprisonment for life in case of lèse-majesté. 2) Police arrested demonstrators with placards “Not my queen etc.”; the demonstrators were later released, and the authorities explained it was the demonstrators’ right to demonstrate. So what, if I’ve got the right to demonstrate and am nonetheless arrested (demonstration terminated) and later released? This is very convenient. No trials: oh so liberal! No demonstrations: oh how they love their monarchs!
*
IT
“Italia e Turchia sono storicamente i due attori principali del Mediterraneo.” (Giorgia a Bali) Bello. Adoro. Dato che Giorgia Meloni non è sposata, dovrebbe provare a diventare la seconda moglie di Erdogan, per consolidare i legami dei due attori principali.
Law 24: On Hate Crimes and Love Crimes
Intro
1 Definition
2 Preliminary Dismissal of Deceptive Appearances
3 Discussion
Intro
In Europe they have hate crime laws, hate speech laws, and police states. (Cf. City of Houston v. Hill, U.S. 1987, holding that “[t]he freedom of individuals verbally to oppose or challenge police action without thereby risking arrest is one of the principal characteristics by which we distinguish a free nation from a police state.” By this well-thought definition European countries are not free nations but police states indeed.)
In U.S. they only have hate crime laws.
What makes hate crime laws so unexceptional?
1 Definition
“Hate crimes are offenses that are committed because of the actual or perceived race, color, religion, national origin, or sexual orientation of another individual or group of individuals. … Various state courts found that, since the U.S. Constitution’s First Amendment protects speech and thought, even when that speech or thought is offensive, any law criminalizing thought should be rendered unconstitutional.” (Hate crimes by Kristin L. Stewart, J.D. [excerpt] in Encyclopedia of American Law, D. Schultz ed., 2002)
If a crime is found to be this or that “(name a crime) as a hate crime,” penalties are increased.
2 Preliminary Dismissal of Deceptive Appearances
Contrary to appearances, hate crime laws in the United States are probably not designed to protect the white population from black criminals. How, then, could such appearances have arisen?
First, we are told about an epidemics of hate crimes. “If you believe the news, today’s America is plagued by an epidemic of violent hate crimes” is from the presentation of the book Hate Crime Hoax: How the Left is Selling a Fake Race War (2019) by Wilfred Reilly, assistant professor of political science at Kentucky State University.
Second, we know the massive proportion of black inmates in the prison population of the States: cf. The New Jim Crow: Mass Incarceration in the Age of Colorblindness (2012) by Michelle Alexander, visiting professor at Union Theological Seminary, New York City.
Third, in Wisconsin v. Mitchell, 1993, the U.S. Supreme Court upheld a hate crime state statute. A group of black men had assaulted a white boy after watching the film Mississippi Burning. It was found their attack was racially motivated and the increased penalty of the instigator, Todd Mitchell, justified.
From (1), (2) & (3), one would swear blacks are responsible for the epidemic of hate crime. Indeed, it is hard to see how a crime epidemic, namely a hate crime epidemic, would not be reflected in the prison inmates population, that is, how the disproportionate numbers of black inmates in prison would not reflect the hate crime epidemic, especially considering the emblematic precedent of the U.S. Supreme Court on hate crime laws applies to a black defendant who challenged the constitutionality of his increased penalty.
This is a deceptive appearance. In reality hate crime laws protect minorities.
3 Discussion
i
Hate crime laws trivialize crime
“This book is as timely as today’s headlines. Professor Lawrence has written a powerful, persuasive, and eloquent call for more effective action by Congress and the states to deal with these despicable crimes. Civil Rights is still the unfinished business of America. Hate crimes are uniquely destructive and divisive, because their impact extends far beyond the victim. They poison entire communities and undermine the ideals for which America stands. They deserve to be punished with the full force of the law, and Professor Lawrence’s book brings us closer to that important goal.” Senator Edward M. Kennedy on Punishing Hate: Bias Crimes under American Law (2002) by Frederick M. Lawrence.
This praise by Sen. Kennedy contains all the appalling mistakes an informed person is supposed not to make when thinking and talking about crime and the law.
“This book is as timely as today’s headlines.”
It is known, it is even common-sense, since at least Roscoe Pound (Criminal Justice in America, 1930), that to resort to designing criminal law in hysterical reaction to headlines is the worst one can think of, it is Lynch mentality smuggled into the legislative bodies and through them into the courts.
Sen. Kennedy’s is the confession he was a headline-law maker, one who made headline laws. With lawmakers like him, it is headlines which make laws. Yet no one knows what the headlines reflect (a few people believe they reflect reality). If media were neutral reporting agencies, then, given what has been said in II about New Jim Crow, media treatment of crime would reflect the makeup of prison population (because prison population is a good token for the known figure of crime), that is to say the media would devote the same share of crime news to black crime as the share of black inmates population in prisons. Is this the case?
If this is not, even if it were because the media are not racist whereas lawmakers, the police and the judiciary are, it turns out they make their headlines according to their own notions rather than to an actual state of things. If the state of the society as far as crime is concerned is institutional (colorblind) racism, i.e. a New Jim Crow, and the media correct this because they go against the stream, then admittedly their headlines are no different from political pamphlets; therefore legislators are not bound to take their headlines as guidelines, any more than they are to follow the views of any scholar, intellectual, or writer.
The same holds with the media coverage of hate crime. Sen. Kennedy wants to legislate in a “timely” fashion, following the headlines. Given what has just been said, however, he is nothing but the willing audience of a hate crime law lobby, whereas the true situation might or might not support a need for new or further legislation. Obviously, if the coverage is a hoax (Wilfred Reilly), no legislation is called for by the timely headlines. (Needless to say, the notion of timely headlines is absurd: Reread the sentence and you’ll see Sen. Kennedy actually talks of timely headlines; however there is but one timely time for news headlines.)
“These despicable crimes”
Which crimes are not despicable? Crimes that a senator is more likely to commit, like embezzlement?
“Hate crimes are uniquely destructive and divisive, because their impact extends far beyond the victim.”
That the impact of all crimes “extends far beyond the victim” is on the contrary the obvious truth, one at the foundation of the secular distinction between tort law and criminal law, and hardly, therefore, could a premise be more unsupportive of the conclusion, namely, that hate crimes are unique.
“They poison entire communities and undermine the ideals for which America stands.”
One would swear other crimes are mere trifles.
“They deserve to be punished with the full force of the law.”
Yes, like any other crime. Actually, a good axiom of jurisprudence is that crimes deserve to be punished with the full force of the law. Accordingly, since every crime is punishable by the full force of the law, one cannot make a difference between one crime and the same crime “as a hate crime.”
If such a difference were legitimate, it would actually imply a decrease in penalties for hate crimes.
ii
Hate crimes are crimes of passion,
therefore the penalty must be decreased, not increased
Here come the love crimes.
I had intended the word as a joke. I thought: If one talks of hate crimes, there must be love crimes too, which is absurd. Then I remembered the crimes of passion (crimes passionnels): “The ‘crime of passion’ defense challenges the mens rea element by suggesting that there was no malice aforethought, and instead the crime was committed in the ‘heat of passion’.” (Wikipedia: Crime of passion)
Crimes of passion are what I would like to call the love crimes. Love is a passion. Hate is no less a passion than love –sometimes love turns to hate– and therefore, as the crime of passion defense applies to love crimes, the defense applies to hate crimes too.
Think about Todd Mitchell, the black defendant in Wisconsin v. Mitchell who “instigated an attack against a white young boy.” He had just been watching the film Mississippi Burning, which stirred the rage of oppression in his heart, to the point he could not stand it anymore. His brothers and sisters in race had been enslaved, trafficked, segregated, Jim-Crowed for centuries. Hatred was stirred in him, his spirits cried for vengeance. A young white boy walked by.
Even if Mitchell had been animated by an ideology, by the liberal ideology that cannot stress enough the evils of a system and the burden of debt currently weighing upon the white man till the end of times, even if he had been an avid reader of liberal books, still his deed would not be an ideological crime –because there is no such thing under the U.S. Constitution, which protects freedom of conscience– but a crime of passion.
(Even the minutest premeditation in coldest blood could be a crime of passion, I find, because hate is a passion, just like the cheated husband who premeditates his wife’s death could invoke the defense in my eyes, because from love to despair time may elapse but the heat of passion remains, the heat of passion is not the same thing as the heat of the moment.)
But the Supreme Court –Rehnquist Court (surely this rings a little bell)– did not see a liberal black boy under the dramatic and melodramatic influence of a Hollywood blockbuster stuffed with the most advanced techniques of emotions and mind manipulation, no, and “the Wisconsin statute…was not punishing the defendant for his or her bigoted beliefs or statements, but rather the predicted ramifications of his or her crime” (oyez.org). Mark these words: A hate crime law does not punish a defendant for his or her bigoted beliefs or statements. I have no idea what the Court, or its commentator, means by “the predicted ramifications of the crime” and as I have not read the whole decision yet I reserve my judgment, only saying it looks like a mighty innovation in the field of criminal law and I’m surprised it is not more discussed in academia and among advocates of hate crime laws, who keep saying, instead, that hate crime laws punish bigoted biases (one also talks of bias crimes).
So very true is it that hate crimes are crimes of passion that it is even positive law in the gay panic defense. A man subject to homosexual advances may react violently with assault, battery, murder attempt, sometimes the seducer’s death. The defendant can invoke gay panic defense at his trial and if the motion is accepted his act will be treated as a crime of passion. As the reader can well imagine, statutes to that effect have disappeared from about every legal system in the western world, and now the same acts are likely to be treated as hate crimes with increased rather than decreased penalties. (Likely because how could such a reaction not be the sign of strong biases?)
iii
Hate crimes are crimes of passion
and like other crimes of passion they have no place left amidst our laws
Today crimes of passion are hardly law any longer. A man finding his wife with another man will shoot them and then kill himself, and perhaps his kids in the bargain, because he knows society will not pardon him the heat of passion. He knows only cuckolders are excused nowadays.
As one, therefore, sees crime of passion laws dwindling, one must draw the consequences as to the notion itself, which includes hate crimes. Hate crimes can have no place amidst our laws.
iv
Hate crime laws shift the tendency of regimes from majoritarian to countermajoritarian
In aristocratic regimes, the nobility is a minority too.
If one agrees the purpose of hate crime laws is not, contrary to appearances, or not only to hold the grudge of black people against whites for a past of slavery and unequal segregation in check, then one must consider the following reasoning.
Hate crime laws are designed to protect minorities from the violent manifestation of biases. That minorities would bear a natural grudge against the majority for the latter’s entrenched position and status does not seem to ever enter the mind of advocates of bias crime laws and I have never heard one such advocate express concern for the safety of individuals in the majority due to a grudge of this kind. Yet it occurs to me that, if I belonged to a minority and the majority had privileged status in the society, I would resent the fact. In case I expressed my resentment with violent acts, that would be hate crime then, would it not? But no, we are never told of such psychological problems; one has to know the U.S. Supreme Court’s decisions to be aware that anti-white feelings can be a bias, and in some European countries you would look for the same kind of precedent as Wisconsin v. Mitchell in vain (but not because such crimes never happen).
All in all, one can safely bet that a risk of increased penalties exists above all for crimes where victims are from minorities. Therefore, if a criminal who is neither a hate criminal nor a love criminal, only an indifferent criminal who wants money, thinks –and I claim the media and politicians have inoculated this thinking in him– that he risks increased penalties if his victim belongs to a minority, then the obvious consequence is that he will avoid picking a victim among identifiable minorities and on the contrary target individuals from the majority. Hate crime laws point to the majority as self-evident victim for “passionless” criminals. Clearly, a government must have strong countermajoritarian mechanisms to be able to pass such laws – to the point that one wonders what role is left to its majoritarian mechanisms.
v
Hate crime laws are hate speech laws
This section is divided in two parts (a) and (b), the former being the mere quote of an earlier writing, Hate crime laws are unconstitutional (Law 20).
a/ Hate crime laws are unconstitutional view-based discrimination.
It’s time the courts declared hate crime laws unconstitutional. This is long overdue. How can hate speech be protected as the U.S. Supreme Court intends (Brandenburg v. Ohio [1969], R.A.V. v. City of St. Paul [1992], Snyder v. Phelps [2011], Matal v. Tam [2017]) when public figures known for taking positions some call hate speech must always fear being provoked to offenses, even minor, that would lead to aggravated punishment while the opponents who provoked the incidents have no such Damocles sword hanging over their heads?
Let’s take an example. If a public figure vilified by LGBT groups as a hater gets entangled in a brawl with LGBT hecklers, he may face hate crime charges while the others will face unruly behavior charges or such like (they are not known for being haters because they’re the ones who call people haters and the media follow that stance).
The “haters” (who have a constitutional right to hate speech) are at greater risk of frame-up because for them even the slightest charges can be greatly detrimental due to the increased penalties with which hate crimes are dealt with. Hate crime laws protect a minority heckler’s veto. Due to such legislation, whole classes of people are therefore deprived of their full rights to political participation for lack of equal protection under the law. This is government repression of political opponents.
b/ Hate crime laws are conceived as disguised hate speech laws.
Discretionary police and prosecution power serves to squelch speech in scores of contexts, by making pretextual use of laws against disorderly conduct, trespass, unlawful assembly, disobeying a lawful order (like orders to move or keep moving), breach of the peace, and other such low-level criminal statutes, and scholars point out the failure of courts to address the issue properly.
The issue must be of increased concern when to low-level incriminations may be added the hate crime label. Since there have been various cases of “petty larceny, as a hate crime,” one can well imagine charges such as “trespass, as a hate crime” or “disobeying a lawful order, as a hate crime.”
Often, in the usual cases, charges are dropped, and the victim of malicious policing is no more heard of. In the case of hate crimes there could be no dropping of the charges, for obvious reasons. Therefore, since police power can be used to squelch one’s speech and the courts have no sure means to second-guess the discretionary use of police power (filming police on public space is a hazy legal issue: don’t you fancy it be a well-established right), I believe advocates of hate crime laws intend to take advantage of the situation to have hate crime laws serve as hate speech laws. I believe it for the simple reason that if hate speech laws were not unconstitutional these are the laws they would demand. We have seen it in Europe: the same rhetoric used in the U.S. in support of hate crime laws is used in Europe to advocate hate speech laws.
So long as hate crime laws exist, the U.S. is at risk of becoming –if not being already, through the judicially undetected, pretextual use of executive discretion– a police state like current European Old-World regimes.
