Last week in Chicago, a white special-needs teenager was held captive by four black youths. The victim was bound, gagged, tortured, forced to drink toilet water, partially scalped, and subject to racially and politically motivated verbal abuse. The perpetrators streamed portions of their violent savagery on Facebook.
After the victim escaped from his assailants and was found on the streets by a police officer, a Chicago police commander initially said he was unsure whether the attack constituted a hate crime — as if that distinction might calibrate the crime’s viciousness.
President Obama was likewise initially hesitant to label this cruelty as a racially motivated hate crime — which was odd given the president’s prior readiness to jump into and editorialize about racially charged cases such as those of Harvard professor Henry Louis Gates and Trayvon Martin.
Yet it is hard to imagine what additional outrages the Chicago youths might have had to commit to warrant hate-crime status. After public outcry, Chicago prosecutors — along with Obama — confirmed that the attack did indeed, in their opinion, qualify as a “hate crime.”
Many in the media still sought to downplay that classification.
“I don’t think it’s evil,” editorialized CNN anchor Don Lemon, who instead attributed the violence to the offenders’ problematic upbringing.
What are the lessons from all the verbal gymnastics concerning “hate crimes”?
Sadly, we are learning that the labeling of hate crimes has become so politicized and ill-defined that the entire concept is unworkable.
The idea of identifying hate crimes gained currency in the 1980s, when reformers wanted lighter penalties for most criminal offenses but also wished to increase punishment for criminal acts that were deemed racist, sexist, or homophobic. So hate crimes emerged as new enhancements to criminal punishment, as a way to tack on stiffer penalties for affronts to liberal society at large.
The rationale for designating hate crimes relied on force multipliers in criminal sentencing — such as premeditation that can make murder a first-degree offense. But after years of confusion, how do we consistently and fairly define perceptions of bias or hate as a catalyst for criminal violence?
After all, crimes such as murder and rape are already savage and brutal by nature. Is the killer who shouts bigoted epithets more dangerous to society than the quiet sadist who first tortures his murder victim without comment?