NYT reports on how hate crimes laws are now being used to ramp up prosecution efforts against people who defraud the elderly. Setting the scene:
In the public’s imagination, the classic hate crime is an assault born of animus against a particular ethnicity or sexual orientation, like the case of the Long Island man convicted in April of killing an Ecuadorean immigrant after hunting for Hispanics to beat up.
But in Queens since 2005, at least five people have been convicted of, or pleaded guilty to, committing a very different kind of hate crime — singling out elderly victims for nonviolent crimes like mortgage fraud because they believed older people would be easy to deceive and might have substantial savings or home equity.
Got your barf bag ready?
The legal thinking behind the novel method is that New York’s hate crimes statute does not require prosecutors to prove defendants “hate” the group the victim belongs to, merely that they commit the crime because of some belief, correct or not, they hold about the group.
So if John goes around punching teenagers because John think teenagers are stupid, can John be convicted of a hate crime? He doesn’t hate them, he just believes they are stupid. Do you see how fraught with peril this could be?
On a more general scale, hate crimes laws are well-intentioned, but so arbitrary to judge and difficult to enforce that they should probably go away. If person A of race A beats up person B of race B, who determines whether person A did it because person B was of race B or because person B was being a jerk? To me, a crime is a crime. The law should be blind to anything but the readily determined facts. If you murder an old person because you hate old people, you would be more morally repugnant to me than the average murderer, but no more or less guilty of the crime.