Florida Makes Violence Against Homeless A Hate Crime
Posted: Tuesday, September 28, 2010
by Dr. Carla Goddard
In the last five years, Florida has lead the United States in one statistic that should horrify everyone. That statitstic is how many attacks have been made on the homeless. As a result of those statistics, the State of Florida is passing a new law this week that will change the crime of beating, attacking, and bludgeoning a homeless citizen to a hate crime.
The statistic itself should be enough to horrify most people. However, the National Coalition for the Homeless is not giving their support to the law. Why?
According to Neil Donovan who is the coalition's executive director said "It's premature to start solving the problem until you know what the extent of it is. If we're not sure where or how the problem has arisen and how broad it is, it's hard to start to address it." Excuse me?
The recent blugeon slaying of the homeless man on Florida's west coast is not a showing of the extent of the problem. Two men, reportedly gang members, took a baseball bat and golf club to the man while he slept in a lawn chair. The hit him again and again and again until they felt like stopping. We can not see the extent of the problem here?
This new law simply makes it a hate crime to violate and attack a person simply because they live on the street. It puts it in the same class as if someone beat another due to the color of their skin, their sexual orientation or their advanced age.
In another case two years ago a man was thrown down to the ground, they beat him and yelled offensive things at him because he was homeless. Get this, then video taped it and put it on YouTube to show their "conquest". They were charged with a misdemeanor battery and some received no jail time. Probabtion only.
Twelve homeless people were murdered in hate attacks in 2009 in the state of Florida, second only to California. In the coalitions own statistics they detail 117 hate attacks in the US last year. 43 were homicides which is up over 59 percent since 2008. Many professionals believe that with the economy such as it is, these numbers are only going to rise as more and more of our neighbors are left homeless.
My questions:
Does a person's thoughts and opinions constitute a hate crime?
Does putting homeless stature in the same class as race, gender, religious beliefs, and advanged age just equate to political gameship?
Is it wrong to punish a person more harshly because they hate the person or what the person represents verse they were angry at life?
Curious to know your thoughts.
According to Neil Donovan who is the coalition's executive director said "It's premature to start solving the problem until you know what the extent of it is. If we're not sure where or how the problem has arisen and how broad it is, it's hard to start to address it." Excuse me?
The recent blugeon slaying of the homeless man on Florida's west coast is not a showing of the extent of the problem. Two men, reportedly gang members, took a baseball bat and golf club to the man while he slept in a lawn chair. The hit him again and again and again until they felt like stopping. We can not see the extent of the problem here?
This new law simply makes it a hate crime to violate and attack a person simply because they live on the street. It puts it in the same class as if someone beat another due to the color of their skin, their sexual orientation or their advanced age.
In another case two years ago a man was thrown down to the ground, they beat him and yelled offensive things at him because he was homeless. Get this, then video taped it and put it on YouTube to show their "conquest". They were charged with a misdemeanor battery and some received no jail time. Probabtion only.
Twelve homeless people were murdered in hate attacks in 2009 in the state of Florida, second only to California. In the coalitions own statistics they detail 117 hate attacks in the US last year. 43 were homicides which is up over 59 percent since 2008. Many professionals believe that with the economy such as it is, these numbers are only going to rise as more and more of our neighbors are left homeless.
My questions:
Does a person's thoughts and opinions constitute a hate crime?
Does putting homeless stature in the same class as race, gender, religious beliefs, and advanged age just equate to political gameship?
Is it wrong to punish a person more harshly because they hate the person or what the person represents verse they were angry at life?
Curious to know your thoughts.
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Top-level comments on this article: (3 total)If a crime was committed because of the feelings of abhorrence towards another then yes I'd say it could be a hate crime. The degree of the crime should be taken into consideration as in any other crime, hate crime or otherwise. A simple assault is vastly different from a beating resulting in death for example. Those statistics are astounding Carla!Grace
I did not include the statistics which really shook me ... how many of the homeless that were victims were also veterans.
Bigger constitutional question in my mind though is how do you ascertain whether the person attacked out of an abhorrence towards the person because they were homeless verse because they were there verse because they were a veteran (which is not a hate crime by the way). Where is the line drawn when we start punishing/convicting a person based upon their personal opinions differently than on their crimes?
I think the law is fantastic, Carla. I'm not sure I actually understand your questions, though, or what you're actually getting at.Jennifer
While the actions against the homeless is horrific, the law itself is in essence stating that a person can be prosecuted for their opinion in addition to their action. The action has to be prosecuted without a doubt. However, this law in reality states that I can be prosecuted for a hate crime because of my thought or opinion on an issue.
I just wonder if this law is crossing a line. In reality this law is going to open doors to things such as if I demonstrate because of my opinion or position and I don't have a permit to protest - not only can I be prosecuted for demonstrating without a permit but also for a hate crime.
As an example, recently the man in Florida who was going to burn the Koran - under the law currently he has the right to burn a book. It is protected by our constitution. I have the right under the constitution to demonstrate against that same action. When this law passes - both can be prosecuted for a hate crime.
Another example, homeless panhandling law recently passed. A person protesting against allowing panhandling in order to get the law passed could potentially be prosecuted for a hate crime because does not wish to have a homeless person ask them for money.
The implications go on and on. Just wondering if the law is a reaction to horrific statistics without thinking it all the way through repercussion and interpretation down the road.Good article Carla. I believe that part of being an industrialized, intelligent country is a responsibility toward minorities and the helpless. The spirit of this is in our constitution. Race, religion, ethnicity, nationality, gender, sexual orientation, gender identity, and disability (which can be said to be a homeless characteristic) all needs to be especially protected from those unintelligent, egotistical individuals who would harm such people only because they are different and vulnerable, and for no other reason.E
I agree wholeheartedly that we have a responsibility toward minorities and the helpless to protect them. I get concerned when my opinion is going to constitute a criminal charge. Although I one hundred percent agree with the spirit of the law - I am not sure of the implications ... I for see it being abused and misconstrued to benefit those that we are trying to protect with it.
The NCH needs to back up a few steps and get real. This isn't a problem? How many more need to be beaten? 10? 20? 2,000? A hate crime involves enough passion there is a need to destroy. There shouldn't be a "class" needed to determine if something is a hate crime. It is or it isn't. As for determining the "reason" behind a crime, it doesn't matter why it's done. The punishment should be the same, period. Hope that answered all your questions.Dixie
It was never a question of whether it is a problem or not. The question is exactly what you stated at the end "As for determining the "reason" behind a crime, it doesn't matter why it's done. The punishment should be the same, period." the law shifts that answer - if the reason is hate the punishment doubles.
Should the reason be used in determining the punishment or should it just be the crime?Stealing is a crime. Depending on what you steal, the sentence changes - petty theft to grand theft to white collar theft. Battery is a crime. If you beat someone fairly in a bar fight, the sentence is light. If you beat an infant, the sentence is heavy. If you beat someone or kill someone because you hate them for no reason other than they are helpless or different, the penalty goes up, that's a federal law. That’s a law in all industrialized countries argued and approved by their legislatures, and many emerging countries have approved it as well. The Violent Crime Control and Law Enforcement Act, enacted in 28 U.S.C. § 994 note Sec. 280003, requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived race, color, religion, national origin, ethnicity, or gender of any person. In 1995, the Sentencing Commission implemented these guidelines, which only apply to federal crimes. Many states have their own hate crimes. This is to protect the minority, a responsibility taken seriously by all developed nations.Thank you for stopping by and participating in the discussion. As you state the laws are already in place Federally. This is a state law being put on the books.It should just be the crime in my opinion. Prosecutors will use the term "hate" for heavier sentencing and defendants who actually do "hate" will say oh no it's my upbringing or it's the economy, whatever they can do to get out of it.Dixie
Thanks for stopping by. It is what I see happing with this law in the court rooms as well. Spirit of law is not my issue. I just think it is not well thought out and can for see Supreme Court cases in the news
mwah (my wishes are heartfelt)
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