penalties
Surely this is a first: a national progressive group -- the American Friends Service Committee -- has come out against enhanced penalties (longer prison sentences), the key feature of hate crime legislation. Below is a link to a just-released major AFSC report which contains a critique of such laws as well as an intriguing vision for justice. Ironically, hate crime laws create injustice. The push (by gays, liberals and others) for hate crime laws has hampered efforts to abolish the death penalty. When news outlets cover hate crime legislation, the critics are virtually always from the right. There is, however, a rising chorus of voices on the left -- including those of gay/lesbian/bisexual/transgender people -- who reject such law and order solutions. To that end, Queer Watch has assembled a packet of news articles, commentaries and other material that questions hate crime laws. Email us for a copy.
Bill Dobbs Queer Watch duchamp at mindspring.com ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
News from:
AMERICAN FRIENDS SERVICE COMMITTEE 1501 Cherry Street, Philadelphia, PA 19102-1479 www.afsc.org
For Immediate Release August 13, 2001
Contact: Janis D. Shields (215)241-7060 jshields at afsc.org
John W. Haigis (215) 241-7056
AFSC CALLS FOR DIAGLOGUE ON HATE VIOLENCE SAYS CURRENT LEGISLATIVE APPROACH MAY HAVE UNINTENDED CONSEQUENCES PHILADELPHIA, PA -- In a new publication, the American Friends Service Committee (AFSC) describes the body of current hate crimes legislation as "seriously flawed" and in need of further review. The publication, entitled "In a Time of Broken Bones: A Call to Dialogue on Hate Violence and the Limitations of Hate Crimes Legislation," decries the use of penalty enhancements while supporting other aspects of such legislation. The document was made available to the public Monday, August 13.
Penalty enhancements, the group states, have historically been applied in an unjust and disproportionate way against communities of color and have fueled the mass incarceration of working class and poor people of color, particularly youth.
"We are concerned that many of these laws go in the wrong direction. They expand the scope of the criminal justice system, rather than strengthen civil and human rights," states author Katherine Whitlock, special representative for Gay, Lesbian, Bisexual and Transgender programs for the AFSC Community Relations Unit. "We believe the emphasis on penalty enhancements could produce consequences which are directly opposite to what was intended."
"While hate crimes legislation actually varies from state to state, our concern is that it generally fails to address the deeper needs of all those harmed by hate violence: victims, offenders and the communities from which they come," stated Mary Ellen McNish, AFSC general secretary. "Those who commit acts of violence must be held accountable, but we need to recognize that offenders are also harmed by the violence of hate and are also in need of healing. Legislation should not simply create new mechanisms that further the cycle of violence and hatred."
The hope is to initiate a constructive dialogue among all those concerned with the pressing problems of hate violence. Additionally the group seeks to call attention to the structural links to violence in society in order to begin the process of understanding and reconciliation, calling for a vision of healing justice that goes beyond retribution. Healing justice seeks to foster "right relationships" among victims, perpetrators and the larger community, holding perpetrators accountable while looking at the underlying social, economic and spiritual conditions that encourage such acts of violence and hate.
While opposed to expanding the authority of the criminal justice system in response to hate crime, the group supports such measures as data collection and training for law enforcement personnel.
"We do feel data reporting should be mandatory and include incidents of hate violence on the basis of actual or perceived race, ethnicity, religion, gender, sexual orientation and mental and physical disability," Whitlock emphasized.
Founded in 1917 to provide conscientious objectors with an opportunity to aid civilian victims during World War I, AFSC is grounded in the Quaker belief that there is that of God in every person. AFSC has programs in the United States, and in Africa, Asia, Latin America, and the Middle East that focus on issues related to economic justice, peace-building and demilitarization, social justice, and youth. In 1947, the AFSC and the British Friends Service Council received the Nobel Peace Prize on behalf of the Religious Society of Friends, for humanitarian service, work for reconciliation, and the spirit in which these were carried out.
Copies of the report In the Time of Broken Bones: A Call to Dialogue on Hate Violence and the Limitations of Hate Crimes are available on the AFSC web site (www.afsc.org/JusticeVisions.htm) or from AFSC Literature Resources Unit for $5.00 plus $3.50 shipping and handling.
The American Friends Service Committee is a Quaker organization that includes people of various faiths who are committed to social justice, peace and humanitarian service. Its work is based on the belief in the worth of every person and faith in the power of love to overcome violence and injustice.
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