We've been publishing a series of articles on the general topic of Hate Crimes and Assaults here on the Loper Website. As a part of this series, we are interviewing people with something to share - insight, opinion, even more questions - and will publish these interviews from time to time. The framework for the interviews is a questionnaire, but we will not slavishly force each interview to follow a prescribed format - ideas flow too freely for that.

Responses to written questions:

What do you consider to be a hate crime?

A hate crime is a "normal" crime that is committed, or whose commitment is exaggerated in intensity, to express animosity by the perpetrator toward a status group of people of which the victim is perceived to be a member.

What do you consider a bias related incident?

One in which the cause of the incident is deemed to be animosity of one or both parties to the incident toward the status group of which the other party is perceived to be a member.

Is it a good thing to make distinctions in sentencing according to the perpetrator's motive?

This is dependent on the specific crime committed and the circumstances of its commitment. So, sometimes yes, sometimes, no.

Do you think the hate crime designation should be used to make a sentence harsher?

Once again, it would depend on the circumstances, but yes, there are times that I think it should.

Do you believe that the scope of covered offenses should be increased?

Probably so, though not being a lawyer, I'm not sure the full scope of the currently covered offenses. It would seem that robbery, vandalism, stalking should be included.

Do you believe the list of victim groups should be increased? Why so?

Yes. While one might argue whether there should be hate crimes legislation at all, the fact is that we have it, and if we have it, it should cover those status groups who have been the subject of crimes for which the motive was expressing animosity toward the group. Certainly it should include sexual orientation. Right now, I can't think of what else. Leaving out a major group with a history of persecution, such as gay people, sends the message that it's alright to express animosity toward people in this group.

Why is the hate or bias motive of a crime not protected speech?

Motive is not speech. Physical violence is not speech. It is incorrect to equate criminal intent with speech. Freedom of speech should not be distorted to protect (1) people who want to buy elections, or (2) people who commit hate crimes.

Have you or someone close to you been the victim of bias?

I have but in all cases its been hateful speech (bordering but not crossing the line of intimidation).

Do you think society should deal differently with member of a hate group than with individuals?

No.

Do you feel the same about bias crimes whether it is a member of the majority or minority doing the assailing?

This is a tough one. I don't feel that a member of the minority who is doing the assailing should be automatically excused. But I do feel that the motive of striking back at one's persecutors (the most extreme case being a woman killing her abusive husband) should be taken into account in considering the charges or sentence.

Are you aware of the recent series of events?

Yes

Where did you get most info?

TV and word of mouth.

How would you describe these incidents?
§ Wilding - a bunch of kids acting badly?
§ Town vs. gown
§ Deliberately race-based

It appears to be a bit of all three choices you offer.

Do you know any of the kids or victims?

No.

Do you know any details?

No.

Do you think there should have been a hate-crimes charge?

I am tempted to say yes, but I am certain I do not know enough details to hold a strong opinion here.

Do you think the criminal justice system in Charlottesville is quicker to bring charges against blacks than whites?

I think the criminal justice system most everywhere is quicker to bring charges against blacks than whites. This is the fault of the system and the legislation that governs it. I don't think those who "run" the system in Charlottesville do anything to exacerbate the situation, i.e. I think the system is at fault, not the people running it in Charlottesville.

What do you believe are the consequences for the community of not bringing hate crime charges?

Negligible. However, the debate over the issue was positive, because it got people to think about this issue.

Would charging these assaults as hate crimes make it more or less likely for other kids to act out in this way?

Certainly not more likely. Possibly less likely. The kids might think twice before acting out in this way, rather than succumbing so easily to peer group pressure.

What effect would it have on the kids who did it…?

I don't know.

Do you think the concept of restorative justice is a good idea?

Not my area of knowledge, but it sounds good.

Should it be extended to minor offenses by adults?

Not my area of knowledge, but it sounds good.

Do you think the restorative justice approach will be more or less effective for a bias crime?

In general, more effective.

(Electronic mail, April 16, 2002)

Jim Heilman asks us to describe him as an "Election Consultant and Gay Rights Semi-Activist"