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.
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.