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Saturday, September 04, 2004

What do you mean when you say "hate"?

Talking to some friends recently about this and that and some politics, I mentioned something about "hate crimes". Both of them are definitely anti-racist types, but they reacted negatively towards my support for anti-hate crime legislation and left me dumbfounded with the well-trotted argument that "all crime is hate crime". Instead of dealing with the assumptions behind that, as I usually do, I sidestepped the whole argument by renaming "hate crime" by the situationally accurate term, "racially-motivated crime".

If you want to read someone who can accurately explain the need for specific "hate crime" legislation, please read David Neiwert right now. I'm not really great on the the particular topics of racism, etc. but what I do know (or like to think I know) is the power of language. And I've always thought the term "hate crime" was just awful, though I couldn't put my finger on why. But after that conversation with my friends and then after reading a Utopian Hell post on "political correctness", something clicked into place. There are a number of problems with the term "hate crime" that have been used to muck up the discussion of what it is and what's going on, and in this case, liberals have to take some of the blame on themselves for not thinking it out more thoroughly. And, in a lot of ways, not being tough enough.

Issue number one with the term "hate crime" is that it's so vague that it veers dangerously close to euphemism. That leaves us wide open to conservative attack, since the right's rhetorical side excels at exploiting ambigious terms for maximum effect. In this case, the term "hate" was chosen to mean very specifically that sort of hate that people feel towards groups that are Other than them. Hate crimes are therefore crimes aimed at a specific member at the hated group with the purpose of intimidating all the members of that group, with an end result of restricting that group's freedoms, particularly freedom of movement. Read Neiwert for more detail, but briefly it's wise to remember that lynchings in the South targeted not only the specific victim but also all black people to scare them away from agitating for a better place in society.

What the right has deftly done though is to have taken the ambiguity of the term "hate" and turn it into a self-serving term for members of dominant classes. The fact of the matter is that not all crimes are driven by hate; in fact the majority of crimes are driven by economic motives. People steal for money, not out of hate. Even if someone is beaten or killed in the commission of a typical robbery-style crime, there was not a larger motivation to intimidate everyone else of the victim's race or ethnic group or sexual orientation. But despite this, it's common sense that someone who mugs or robs you probably hates you on some level; if nothing else, that person is justifying his/her actions through resentment. The criminal likely resents your perceived greater wealth or whatever.

But this interpretation, that every crime is a hate crime, is an extremely self-serving argument that implies that members of privileged groups, that white people, rich people, straight people, whatever, are as oppressed as actual oppressed groups. This gives us a certain level of permission to ignore the underlying issues involved in "hate" crimes to a point of ridiculousness. The defense in the Matthew Shepard case made the argument that the defendents were under some kind of "homosexual panic" that caused them to kill him in a fit of humiliation. Of course, the defense did not do a good job of explaining why if it was a crime of passion that they felt the need to display his body in a gruesome manner. The best model for understanding what they did is all over the place in our history--they lynched him. Displaying the mutilated body is part of a lynching ritual, because it serves as a warning to the rest of the oppressed group to kowtow to the wishes of the dominant group.

So why not just stick to the old term "lynching" and just revise anti-lynching laws to incoporate extra protections for other oppressed groups? There are pretty good, albeit politcally correct reasons, to avoid the word "lynching". For one thing, it's a bit hard to define, and there's an implication of mob violence involved. While mob violence is still common enough in "hate" crimes, the upswing in loners who feel they speak for the community is enough to cause us to reconsider how we name these types of crimes. Beyond that, I think that one of the big reasons is the fear that by using terms commonly attached to the deep injustices dealt to black people in our history for other groups who suffer oppression of a lesser sort, that we are devaluing the importance of black history.

This is no small thing. Lynching, for instance, was a problem that was so huge that it cannot compare to violence dealt out to other oppressed groups. There are thousands upon thousands of documented lynchings, far more than any other murderous hate crime spree in our history. On top of that, the practice enjoyed widespread social support that is almost inconceivable nowadays. (Warning, that picture is not for the weak-stomached.) These factors mean that "lynching" will always connotate a certain kind of racist violence. If that's what's necessary for us to remember the sordid side of our country's history, then that's what's necessary. One of the good things "political correctness" has gotten us is it reminds us that words have cultural power that must be acknowledged. Fight it or accept it, but you are not thinking properly if you deny it.

But we still need a term that helps us understand the need to separate out those crimes that are committed to intimidate a larger community from those that are committed for reasons of financial gain or out of passion. In my mind, a "hate" crime is two crimes, in essence. There is a crime committed against the victim, and then the one committed against the larger community. Lynching, for instance, is a crime against the victim, and it is also a crime against all black members of the community who are being threatened into giving up their freedoms. Incidentally, this is exactly how hate crimes are dealt with under Texas law. In Texas, a murder is only a capital crime (death penalty eligibility) if it happens as part of another felony. By classifying racist intimidation as a felony, hate crime legislation makes it possible to argue that murders like James Byrd's are capital crimes. As Neiwert points out:

As I point out in the book, hate crimes have the fully intended effect of driving away and deterring the presence of any kind of hated minority -- racial, religious, or sexual. They are essentially acts of terrorism directed at entire communities of people, and they are message crimes: "Keep out."

In this country, it is not a violation of free speech to prevent someone from stalking and threatening another. "Hate crimes" are just that sort of behavior but aimed at a larger group of people. It is perfectly legal to be racist. It's illegal to use violence to scare people who you hate for racist reasons out of their freedoms.

Neiwert says it, but I will say it way more forcefully here--the primary opponents of "hate crimes" legislation oppose it due to their own bigotry. (Though, as Neiwert points out, by hanging out the fear of the "thought police", they have managed to recruit liberals and civil libertarians to their side.) On a documentary I saw recently on Trio, they showed James Byrd's son on a radio show in Houston. He was there to speak out, as a Christian, against the death penalty. The grumpy old white guy veered off into talking about hate crimes instead. (It's no small irony that those most gung-ho for the death penalty are often those most against hate crimes legislation.) And then the grumpy old man went off on a rant about how black people should be grateful, since if it wasn't for those forward-seeking, magical white people, they wouldn't have gotten a chance to be descended from slaves in order to live in this Great Land. He said this to a man whose father's murder was due to that very history of slavery and racism. To Byrd's son's credit, he politely listened. I would have kicked that asshole's teeth in.

Of course, the problem that Neiwert points out, is not just those who would have us redefine racist crime as "free speech" to suit their own racist agenda, but those whose laudable dedication to free speech is blinding them to the particulars of certain crimes. And that's why I propose changing the term "hate crime". Not because I am one of those who wants to change any word once it gets a negative connotation, because that's ineffective. (Rename feminism, for instance, and the next word will get demonized just as surely.) The term "hate crime" lends itself well to be misinterpreted as some kind of thought crime. It causes the listener to focus on the nebulous thoughts of the defendent (Who did he hate? What does hate mean?) and not on the intent. I think the better term would be "terrorism" or "domestic terrorism". This is something I've definitely gotten of Neiwert who is continually frustrated that we neglect domestic terrorism like abortion clinic bombings.

The use of the word "terrorism" takes emphasis of the state of mind of the criminal and puts it back on the actions at hand and the intent behind them. Gay-bashing is terrorism intended to terrify gay people. Racist violence is intended to terrify members of that race. So on and so forth. We shouldn't be a bunch of chickens and avoid using the word for fear that we are somehow devaluing the word "terrorism" by overusage. Terrorism is terrorism, and it might do a lot of people a great deal of good to have to stop and consider that a white Christian abortion clinic bomber and a Muslim plane hijacker are both terrorists.

238 Comments:

Blogger Dave said...

A well-spoken critic of the problem facing legislators who simply want to create laws that properly punish those who commmit serious crimes against other members of society.

9/05/2004

 
Anonymous Anonymous said...

If you mean murder or attempted murder (actual terrorism) then I fully agree. Otherwise, I don't think you've thought this through. Fear has led us to scrap legal protections for alleged "terrorists". Would you bet the nation's future on the chance that government will relinquish its new power? Remember that you don't need a would-be dictator to create a police state, although it helps. Law enforcement always wants more power to stop the people they see as criminals -- and it tends to see presumption of innocence as Somebody Else's Problem. Prohibitionists sometimes defend the ban on marijuana use by arguing that police need a legal way to threaten people!

Now, if we give law enforcement special powers to fight terrorism -- and we have, even before the Sith administration -- they will misuse them. If the government then applies the word "terrorist" -- as it has -- to people who don't kill civilians, we've removed a major obstacle to creating a police state. I wouldn't encourage this.

--Omar

9/05/2004

 
Blogger Astarte said...

Careful. That kind of reactionary, they're-going-to-use-it-just-because-they-have-it response is really what's gotten liberals into the mess we're in right now.

Shouting to the heavens that law enforcement hates us all, and that every law is designed to take away more rights makes us seem soft on national security, no matter how true the statements may or may not be. What we really ought to be doing is coming up with useful alternatives with built-in failsafes rather than simply denouncing every piece of legislature as inherently evil.

That said, Omar has a point, even if it is couched in alarmism. Hate crime is a dicey subject to deal with as it accounts for not only murder/attempted murder, but for other things, such as hate-related vandalism and threats. Still, as the strict definition of terrorism is any act that causes terror, those events would fall under the name, but then they'd fall under hate crime as well (I know, I'm being an un-conclusive female).

What gets me about the words terrorist and terrorism is that they have been made racist in and of themselves. Terrorists aren't typically white guys, and when they ARE white guys, they are always related to Middle Eastern guys somehow. They were trained by them, or money exchanged hands, etc., etc., so on and so forth. Terrorism, then, has turned into a racist word in and of itself, and it means those swarthy middle eastern people. It has to in order for this whole deception to work. If terrorism is taken down and dismantled properly, and used for what it really means, then portions of our very military would be subject to that label.

What would it then, do, to have that word taken back? To take it away from the racists, and then use it towards something that is fundamentally anti-racist, anti-sexist, and anti-homophobic? It's an interesting thought, and ultimately the *correct* thought, but ultimately I think that terrorist has been just as co-opted by the right as 'hate crimes' and 'politically correct' have been.

9/05/2004

 
Blogger Amanda said...

*Argh* An entire reply on racism, etc. lost. *DEATH TO BLOGGER*
My entire point is this--we are so used to the idea that "terrorism" is a foreign, specifically Muslim threat, that our minds are scrambled. I truly understand terrorism as an urge that comes out of fundamentalism--fundamentalism knows no race and knows no religion, really.
People who hurt or kill for religious reasons are fundamentalists. People who attack for racist reasons are similiarly deluded--they have decided they are acting out in order to demonstrate racial superiority, which is, in itself, a form of fundamentalism.

9/05/2004

 
Blogger mythago said...

"Built-in failsafes"? Can you please provide some examples of a law with a "built-in failsafe" that will allow law enforcement to investigate terrorism without violating civil liberties?

It's ludicrous to scold liberals for worry about law enforcement. Will law-enforcement officers abuse and extend investigative powers? Absolutely. They ALWAYS HAVE. It's not so shameful to speculate that if you allow police to skip search warrants in the case of "suspected terrorists," that they may decide to assume that the drug dealer down the street is a "suspected terrorist." I mean, hell, why not?

9/05/2004

 
Anonymous Anonymous said...

Exactly. Look, if you were a cop, wouldn't you get annoyed seeing people you consider criminals walking the streets? When you could stop them, if not for those pesky technicalities? -Omar

9/05/2004

 
Blogger Astarte said...

Umm, no Omar and Mythago, I wouldn't, and quite frankly there are a number of police officers who are all for due process that would find what you wrote offensive.

9/05/2004

 
Blogger Amanda said...

I hope it doesn't seem like I mean that I want to increase law enforcement's spying capabilities. I just support legislation that has extra penalities for domestic terrorism to recognize the fact that it is a crime committed against both the immediate victim and the whole community.

9/05/2004

 
Anonymous Anonymous said...

I do think that if we expose domestic terrorism while sticking to the narrow definition of the term (actual terrorism, I called it) this could have a benefical effect. When people accuse us of devaluing the word, we could honestly say that we want to restore the narrow definition of the term, unlike the people applying it to ELF's (admittedly stupid-sounding) destruction of property. I don't much like mandatory sentences, but who knows, perhaps they could help here.

Astarte, do you think I said that "law enforcement hates us all"? Do you think "you don't need a would-be dictator to create a police state" means that "every law is designed to take away more rights"? (I wanted to warn people of unintended consequences, not to question anyone's motives.) When have I ever used the word "evil"? I'm talking about human behavior. Certainly, many people in the justice system see the importance of due process. Does that change the fact that some prosecutors wanted provisions of the PATRIOT Act before 9/11, or that some have already used it against non-terrorists? (See here.) People defend cannabis prohibition with arguments like, "Simply because the charge isn't serious, it doesn't mean that the person charged is an innocent" and "If the authorities are able to remove an habitual criminal from the streets with a possession charge, that is probably a good thing." Do you deny that some in the justice system (quite understandably) think and act as I said? Or that they sometimes influence the law? And if people take offense at the truth, what follows from that?

9/06/2004

 
Blogger Amanda said...

It seems to me that those who try to define terrorism through ethnic or religious means instead of seeing it simply as an attempt to terrorize a group of people are those who are devaluing the definition.

9/06/2004

 
Blogger Astarte said...

Yes, there are some people like that, just as there are some in the military who are like that, but what I read was you painting a stereotypical liberal picture of cops as 'the man' and the rest of us as innocent bystanders who are caught up in the mess.

Not every cop out there is trying to be rambo. Many of them are just doing their job, and what they are told. It's the people up top that make the decisions, and those decisions (such as canibis legislation) often have more to do with diversion than they have to do with reality.

The point I'm trying to make is that people who talk the way that you did give liberals the 'soft on crime', 'soft on national security', 'soft on terrorism' look that the freepers are salivating at. It's easy for them to do it, too. We set ourselves up for pot shots:

"The PATRIOT Act erodes rights and liberties." Oh, so you don't want new legislation to fight terrorists? Should we start handing them flowers, instead?!

"This has the potential for opening us up to a police state." There you hippy liberals go again with your hatred for anything authoritarian.

"Canibis laws are a good example." Yeah, all you pot smoking hippies throwing flowers at the terrorists aren't helping anything.

See what I mean? I believe all of the things that you said, and I believe all of the things that I wrote above. However, it's talking like this that has gotten us into a hole. It makes it EASY for them to take pot shots at us, and we never get the chance to explain what that means to people who otherwise don't understand it.

Use of language is something that the freepers understand very well. They know how to turn it against us very, VERY easily. With that in mind, we have to be careful not to bumble into our same, old stereotypes.

Now, I've hijacked Amanda's comments, so I'm going to stop right here, and perhaps put a post up about it. I mean no offense, Omar, but I grew up in a police family, and I knew/know a great deal of people who treat their jobs as jobs, not as if they are rambo, and out to wrong every right in the world. They work their eight hour day, and god willing come home to dinner with their families. They respect due process, and will do whatever their higher ups tell them they need to do to do their jobs.

It isn't the average cop or the average g-man that is the enemy here, it's the policy makers.

9/06/2004

 
Blogger mythago said...

Astarte, you might check with those offended cops and ask them if they really don't know *any* 'rogues' who lie to get search warrants, have no idea of any precincts with a bad reputation for having 'cowboys', and they really have never heard a colleague refer to 'testilying' before.

Of course most cops are decent. It's also true that we have restrictions on police activity for a reason, namely that expansion in police power inevitably gets abused. And not just by one or two guys out in the Hashbrown, Idaho sheriff's department.

I don't find it offensive when somebody says that the current restrictions on (say) client-trust accounts are important because without those restrictions, some lawyers will rip off their clients. Because it's true, even if 90% of lawyers are good and honest people who would do the right thing without those restrictions. For me to accuse people who advocate those restrictions of being lawyer-hating jerks who think all attorneys are crooks would be silly and, well, knee-jerk.

9/06/2004

 
Blogger Maureen said...

Okay, so there might be some problems with using the word "terrorism" when dealing with intimidation-based hate crimes. What about "threat crime" or "crime of intimidation"? Unlike the phrase "hate crime", they connotate action, not emotion; unlike "terrorism", the phrase doesn't have any racist or anti-civil-libertarian connotations as of yet.

9/06/2004

 
Blogger mythago said...

I suspect that whatever term is used, the bigots will rush to pretend it's a "thought crime," as though we didn't consider motivation in any other area of criminal law.

9/06/2004

 
Anonymous Anonymous said...

In my mind, a "hate" crime is two crimes, in essence. There is a crime committed against the victim, and then the one committed against the larger community.
but, but, but... that's the difference between criminal and civil cases in general.

or so at least i'm being taught in my introductory business law class. crimes are prosecuted by district attorneys acting as agents of the government specifically in its capacity as representative of the people because they're seen as violating society at large, or society as a whole. civil torts are different (discounting technical reasons for the moment) in that they only victimize specific individuals.

(and this is brought up in a business law course because most of business law is civil law, with some exceptions including certain "white-collar crimes". so i have no reason to believe my textbook is too blatantly lying to me.)

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Most members of the human race fall into two categories - those who live in the past and those who live in the future. Most live in the past. Many of these are the people who achieve very little in their lives and are so fearful of the future that they dare not strike out to get anything. They are the under-achievers who hang onto bad episodes in their lives and either relive them time and again or look at new situations as similar potentialities. They say things like "all men are deceivers" or "all women are interested in is money" or "I can't do it. I tried before and it didn't work so why bother!". Due to bad experiences in the past they believe that all future events will turn out the same way if they dare to go after what they want.
The other type of person lives in the future. This type tends to create more of the things they want in life. They have a vision of where they want to go and exactly how they are going to get there. They work diligently at making concrete plans and they pursue those plans with a persistent ferocious appetite for success. These people are the high achievers - The Richard Branson and Bill Gates of the world. These people have much to teach us about setting and achieving goals.
However, there is a third type of person who almost goes unnoticed. They are the person who takes life in its stride and yet achieve most of what they want. I am sure you know of such a person in your life that just seems to saunter through life and yet they always come out on top. Or a person who you hear of that has decided to open a shop. You meet them a few months later and they have three shops all doing well! So what makes these people so successful and if they aren't living in the past and aren't living in the future where are they living?
I suppose you guessed it! Whether they are consciously aware of it or not they are living in the present. It is in the 'living' present that we have our greatest power. Everything happens in the present. You live your entire life there - even if your mind does not!

By becoming more aware of the present and by 'accepting' it as it is we are much more in control of our emotions and focus. When we live in the past we are fearful of making bad choices and/or getting hurt. We do not wish to recreate the past again! When we live in the future we can also be fearful of what might happen. But even if your future vision is full of power and worthy of working towards many people can, and often do, get stuck there. By constantly reaching for bigger and better goals they fail to enjoy what they have in the moment.
If you wish to start living a life that is almost effortless begin first by living in the present. Accept your situation the way it is and then you can enjoy what you have. Your focus changes from a memory of what was or a vision of what might be to a realization of what is. You become much more empowered to then see the beauty of life and also look at where you wish to make changes. But to make changes you must first accept the situation as it is. Trying to escape from your present only increases your focus on your problems by creating resistance to what is. Accept your life as it is now. Make no judgement, just accept it and then you will be free of doubt, worry, pain and fear. For you only experience these things when you live outside the 'moment'. self hypnosis

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