There are renewed questions about how the line is drawn between hate crimes and conventional criminal cases this week after a group of black teens beat a white Kroger employee into unconsciousness as part of a “fan mob.” We recently discussed similar objections in the Utash case where a group of black men also beat a white driver to death. Critics are comparing these and other cases to the rapid deployment of federal lawyers and investigators in the Fergusan case and the recent opening of a civil rights investigation as a possible hate crime. However, the distinction in this case is that police have noted that there was an African American victim even though you can hear references to the race of the first victim. The controversy is only the latest over the use of hate crime charges and how the line is drawn in launching investigations into racial elements of certain crimes. The distinction between race or rage as a motivating element can be difficult to discern in criminal cases.
The brutal attack occurred on Saturday night when a mob of black teens swarmed a Kroger grocery store in Memphis, Tennessee and proceeded to beat two store employees and one customer to the ground. The group had emerged from a restaurant in the same strip mall and immediately attacked a 25-year-old man as he left his car in the parking lot and headed for the grocery store. When two store employees ran to the man’s aide, the black teens brutally beat them as well while he can hear people cheering and laughing.
Some people were upset by the refusal to investigate the matter as a hate crime and the response of Memphis Police Department Director Toney Armstrong who called the video “extremely troubling to see how many young people were involved, especially on the heels of last week’s youth forum . . . Last night’s events clearly demonstrates a lack of parental controls and if warranted these parents will also be held accountable.” The refusal to even investigate the racial element to the crime angered many viewers of the video, but police insist that this was more of a thrill attack than a race attack.
The difference in cases however can be hard to discern from such videos. For example, the same double standard criticism was raised with another video that went viral this week of a white couple being brutally attacked by a group of African Americans. An assault in downtown Springfield Missouri was called a hate crime against Meredith J. Cole, 19, and Alex J. Vessey, 23, who suffered serious injuries after they were assaulted by six black males. However, Cole herself on a Facebook page says the attack was not racially motivated. Indeed, she admits to uses the n-word after the attack in anger. The video is shown here.
The issue for some is the absence of an investigation in cases like the Kroger attack for hate crime as was the case in other attacks like the earlier controversy in Baltimore or recent “knockout game” cases. I believe that there are good faith distinctions to be drawn in these cases, particularly in Springfield. However, there remains an uncertain line in defining certain crimes as hate crimes while others as conventional crimes. It is a charge that has long concerned civil libertarians due to its ambiguity in some cases. The issue for critics is not whether these cases should be defined as hate crime but whether the crime allows for too much discretion and subjectivity when these crimes could be simply charged as serious felonies in their own right. Yet, these laws were intended to address cases where the victims were singled out due to their racial or religious or sexual orientation characteristics — a clearly worthy goal. The greater problem has proven the gradual expansion of hate speech charges as opposed to hate crimes and the impact on free speech. Despite the outcry in these controversies, I think that these two cases have a plausible distinction that it was not race but anger or raw mayhem that characterized the attacks.
You can judge for yourself. You can find the Kroger video: here or here
57 thoughts on “Race or Rage? Attacks in Memphis and Springfield Again Prompt Objections Over The Enforcement of Hate Crimes”
The legal establishment seems schizophrenic on race. On the one hand hate crimes seem to down play violence against whites and on the other non- whites are jailed for the most trivial of reasons, including women. And crimes against women don’t appear to be classed as hate crimes though arguably most of them are.
Amen Karen S, there would not be these problems if people carried a gun to protect themselves
“An honest cop will freely admit that the police can not guarantee your family’s safety under normal circumstance let alone under mayhem. Your personal safety is always your responsibility.”
So true. My first firearm that I owned personally was a gift from a cop I dated many years ago. He said that he had never, in his entire career, arrived in time to prevent a violent crime from occurring. It just takes too long to call 911, explain the situation, give your address, and wait for cops to drive there, assess the situation, and gain entry. If you have a barking mad stalker who doesn’t care about getting caught, he’s going to do what he’s going to do.
Irony eludes some people.
After a bump in the road this thread got back to healthy. As long as healthy people comment and the unhealthy do not, we have some great threads.
mhj, I live in the 49th state to allow conceal carry. Wi. just got it 3 or so years ago. Police chiefs lobbied the legislature for years opposing 2nd Amendment rights.
Nick, that hasn’t been my experience. And they have in the same breath stressed training and knowledge of the law.
We have a low crime rate here, but I have security doors on the front and back doors. Plus, I have a pistol.
Not those honoring the oath of office:
mhj, But police chiefs are leading opponents of citizens carrying firearms.
An honest cop will freely admit that the police can not guarantee your family’s safety under normal circumstance let alone under mayhem. Your personal safety is always your responsibility.
FWIW, maybe Holder’s office is too busy trying to spin the IRS scandal:
A senior communications aide to Attorney General Eric Holder seemingly called House oversight committee chairman Darrell Issa’s staff by accident and asked for their help spinning new revelations about the IRS scandal, Issa said in a September 8 letter to Holder.
The aide, Brian Fallon, is a former senior aide to Sen. Chuck Schumer (D-NY) and a well-known personality on Capitol Hill. The letter describes Fallon as “audibly shaken” when he realizes his request to leak documents to help get ahead of news stories about them was mistakenly made to the very office he was seeking to undermine. Issa believes the call was intended to be made to Democratic Rep. Elijah Cumming’s staff, the ranking member on the oversight panel, the letter said.
According to the letter, Fallon – who is not named in the letter but confirmed he made the call – asked if the aides could release the IRS scandal documents to “selected reporters” to give Fallon an “opportunity to comment publicly on it.”
I have notified the professor of the incivility that was posted above.
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