Hate crimes didn't exist prior to the 1960's. In truth, it wasn't until the Civil Rights Act of 1964 that the country began to penalize racist or discriminatory behavior. After that, with the rise of gay rights in the 70's, 80's and especially 90's, civil rights protections were extended to gays as well as members of racial minorities. Considering that the Equal Protection clause of the Fourteenth Amendment had been with us since 1868, it's surprising yet sad that it took so long for every American citizen to enjoy those freedoms and protections.
Since hate crimes have been used over the last couple of decades, it's been axiomatic that the perpetrators of such crimes were white and male, sometimes white and female. Yet the Equal Protection Clause doesn't distinguish between genders and races when establishing the coverage. When it mentions equal, that should be extended to anyone, regardless of who the victim is.
Unfortunately, that isn't the case at all. Far too often, the minute a minority is the victim, the suggestion that a hate crime -- which only adds an aggravating factor for the purpose of sentencing; the underlying crime stands irrespective of the inclusion of a hate crime charge -- could possibly have been committed by a minority against a white person is ludicrous. Well, it's treated as such. Police officers seem constitutionally incapable of suggesting such to the district attorneys, and district attorneys shy away from bringing such charges. It's laughable.
Yet there are plenty of good examples where crimes committed against whites by minorities at least raise the specter of a hate crime. Not every crime committed by a minority against a white person qualifies, by any means. But the converse is also true: Not every crime committed by a white person against a minority is a hate crime, either. Supporters of Trayvon Martin might be surprised to learn that.
Recently, outside Detroit a white man who drove the same route every morning on his way to work hit a young boy who darted out into the street. There's actually footage from a gas station security camera that shows the boy running out so closely to the truck that there's no doubt it was a tragic accident. As he was liable to do, legally, the man, Steven Yutash, stopped his vehicle to check on the boy, who is black. He was set upon by a gang of black youths and young adults who beat the man into a pulp. Mr. Yutesh is now in an induced coma fighting for his life. Only two people have been arrested, and they ain't talking. It's more important not to be a snitch and keep one's street cred than to do the right thing, as Mr. Yutesh did.
Last year, a World War II vet was killed by a couple of young black men. Officials were quick to note that this wasn't a hate crime, but a simple robbery that escalated to murder.
In Oklahoma last year, an Australian exchange student was murdered -- shot in the back as he jogged -- because his teen assailants were bored. It was later discovered that one of the youths posted racist tweets saying that 90% of white ppl are nasty. #HATE THEM and Ayeee I knocced [sic] out 5 woods since Zimmerman court!:) lol shit ima keep sleepin shit! #ayeee. Woods is apparently a derogatory term for white people. Officials declined to pursue hate crime charges, saying that the teens made those posts for effect.
If those posts were only for effect, why was everyone so quick to suggest that George Zimmerman acted out of racist motives, when he made no such comments and in fact had a history of positive interaction with black people?
It is a certainty that Al Sharpton and Jesse Jackson can find a hate crime in anything. Just look at Tawana Brawley or the Duke lacrosse players cases. To be sure, there are racists and skinheads and Aryan Brotherhood members among us. But not every crime involves a racist element. At the same time, not every crime committed by a black person against a white person is the result of a lack of opportunity or a shortcoming of education.
There are black people who ran to rescue Mr. Yutesh. There are good black people all over the country. But there are evil black people as well, people to whom Sharpton and Jackson pander with their well-tuned Forever Selma campaigns. Sensible black leaders combat this neverending drama, noting that to find civil rights violations in every crime lessens the value and importance of such crimes when they really happen.
Black leaders must also, instead of simply descrying the violence, advocate for those people who commit true hate crimes to be charged with them instead of having them explained away with convenient totems. If in fact we're going to heed Dr. King's dictum, those black criminals who commit hate crimes must be charged with them the same way white criminals are. Otherwise, Dr. King's dictum is not being followed, because the color of the criminal's skin is being used as an excuse not to charge him with a hate crime, and that's no more fair than charging him with a crime he didn't commit because he's black.
Something has to change, soon.
(c) 2014 The Truxton Spangler Chronicles
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