Hateful crimes that aren't "Hate Crimes"

Stuart Taylor:

No. 1: Christopher Newsom and his girlfriend, Channon Christian, both students at the University of Tennessee in Knoxville, were carjacked while on a dinner date in January, repeatedly raped (both of them), tortured, and killed. His burned body was found near a railroad track. Hers was stuffed into a trash can. Five suspects have been charged. The crimes were interracial.

No. 2: Three white Duke lacrosse players were accused in March 2006 of beating, kicking, choking, and gang-raping an African-American stripper, while pelting her with racial epithets, during a team party.

No. 3: Sam Hays bumped against Mike Martin in a crowded bar, spilling beer on Martin's "gay pride" sweatshirt. Martin yelled, "You stupid bastard, I should kick your ass." Hays muttered, "You damned queer" and threw a punch, bloodying Martin's lip.

Now the quiz.

Which of these would qualify as a federal case under a House-passed bill -- widely acclaimed by editorial writers, liberal interest groups, law enforcement officials, and many others -- expanding federal jurisdiction to prosecute "hate crimes"?

Bonus question: Why have the interracial rape-torture-murders in Knoxville been completely ignored by the same national media that clamor for more laws to stop hate crimes -- the same media that erupted in a guilt-presuming feeding frenzy for months over the far less serious Duke lacrosse charges, which were full of glaring holes from the start and turned out to be fraudulent?

The answers.

The interracial Knoxville rape-murders would probably not qualify as hate crimes. The reason is that although the murderers were obviously full of hate, it cannot be proven that they hated their victims because of race. (Or so say police.)

Both the Duke lacrosse case and the (fictional) barroom scuffle, on the other hand, would probably be federally prosecutable under the bill that the House passed on May 3 by 237-180. This is because the angry words attributed to the accused could prove racist and homophobic motivations, respectively.

Do such distinctions make any sense? Not much, in my view.

...

I agree with Taylor. Hate crime statutes have never made much sense. Their real idiocy surfaced in the 2000 campaign when the NAACP ran an add against Bush for opposing a hate crime statute after the Byrd killing. They never mentioned that the killers in that case were given the death sentence under the Texas statue that already prohibits murder. How could calling the murder a hate crime possible enhance the verdict against the killers? If the murder statutes did not stop their conduct how would a hate crime statute effect their conduct?

The article is worth reading in full.