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Thought Crimes
(Alert 2/24/03)
"All animals are equal, but some animals are more equal
than others."
—
Animal Farm, by George Orwell
Threat Assessment: House Bill 85, "Hate Crimes
Amendments," by Democrat Rep. David Litvack, will likely
be voted on tomorrow morning (Monday) on the house floor.
This bill would establish thought crimes, would grant special
rights for groups of people, and would place people on unequal
grounds before the law.
Below is additional information on the bill. Read what you
can, but it is very important to take action immediately!
Topics:
1. TAKE ACTION!
2. The Dangers of HB 85 & Thought Crimes Legislation.
The False Notion of "Group Rights"
There is Only One Group to Worry About
Thought Crimes Demeans Victims
Thought Crimes Destroys Community
Human Beings Are Too Fallible to Judge Thought Crimes
We Are All Guilty of Bias & Prejudice
3. Utah State GOP Central Committee Takes Firm Stand
Against HB 85.
4. Additional Secular &
Religious Resources.
1. TAKE ACTION!
There is little time! HB 85 will likely be voted on
tomorrow' (Monday). Therefore:
1. Call (and, if possible, fax) your representative at the
capitol and tell him to publicly and vehemently stand against
HB 85 and ANY thought crimes legislation. Tell him to motivate
his colleagues to do the same. Tell him that thought crimes
will only divide our community, and will destroy our American
system of fairness and equality under the law.
House main number:
(801) 538-1029
House main fax:
(801) 538-1908
If you need help finding
your legislator, visit our
elected official contact page.
Note: Make sure you identify yourself and your contact
information, the legislator you want to reach, and keep the
message succinct and relatively short. Because of the volume
of email messages that senators and representatives receive,
your email message may never be considered in time.
2. Attend the press conference and rally tomorrow (Monday)
evening at 6:00 PM at the state capitol rotunda. This event is
being organized by "Citizens for Equality Under the Law," a
coalition of groups, families and individuals who oppose HB
85. They will be joined by the Utah Republican Party
Leadership, Frank Mylar (the sponsor of the resolution calling
for opposition to HB 85), and many other groups who are bound
together by the conviction that "all men are created equal."
Bring your families! Bring a plate of cookies, brownies, or
some donuts to share. For more information, contact Maryann at
ronandmaryann@hotmail.com
3. Forward this message to your family, friends, and any
activists you know. Encourage them to voice their concerns and
get involved.
Back to Topics
2. The Dangers of HB 85 & Thought
Crimes Legislation
House Bill 85, "Hate Crimes Amendments," by Democrat Rep.
David Litvack,
would create enhanced penalties for defendants who select
their victim because of some "bias or prejudice." From the
bill (lines 20-25):
(1) If the
trier of fact finds beyond a reasonable doubt that the
defendant, in committing an
offense, selected the victim or the property primarily because
of actual bias or prejudice against a
group, as demonstrated by the defendant's actions related to
the commission of the offense,
the enhanced penalty for a:
(a) class
B misdemeanor is a class A misdemeanor;
(b) class
A misdemeanor is a third degree felony...
And from lines 51-52:
(6) As used in this section, "group" means the race,
color, disability, religion, sexual orientation, national
origin, ancestry, age, or gender of any individual or group of
persons.
The False Notion of "Group Rights"
HB 85 and other attempts to legislate thoughts are based
upon the false notion of "group rights." Group rights have
been espoused by the likes of Karl Marx, who enjoyed dividing
society into groups—or
classes—of people, and
then pitting these groups against each other in conflict.
In contrast, the
Declaration of Independence claims that
"all men are created equal and endowed by their Creator with
certain unalienable rights." Thomas Jefferson spoke in
his
first inaugural speech of "equal
and exact justice to all men, of whatever state or persuasion"
and that if we ever departed from this principle "in moments
of error or alarm, let us hasten to retrace our steps and to
regain the road which alone leads to peace, liberty, and
safety."
The rights of the individual, regardless of his/her race,
gender, or affiliations are pre-eminent and should be
vigorously defended without regard to these characteristics.
The blindfold of Lady Justice (Justitia) represents
impartiality and her scales represent generality and
uniformity. In America, Justice is supposed to treat all
victims and perpetrators equally.
In essence, "group rights" set men and groups of men apart
by their belief systems rather than by their actions.
There is Only One Group to Worry About
History and the nature of people prove that individual
rights can only be weakened when the false notion of group
rights is accepted and enforced by the force of law. There is
only one group our justice system should be concerned about:
the entire human family.
Thought Crimes Demeans Victims
Contrary to arguments put forth by thought crimes
proponents, group rights actually demeans victims. Take, as
just one of many examples, a woman who is sexually assaulted
because the perpetrator hates her sex or race. Thought crimes
legislation dictates that the crime against this woman is
worse than if a woman was sexually assaulted because the
perpetrator was indifferent to her womanhood.
In addition to the insult, think of the complexity of
attempting to separate crimes of hate from crimes of
indifference, jealousy, love, religious piety, spoiled-ness,
rich elitism, etc. Will we begin now to put all emotions on
the table and start judging people based upon a hierarchy of
philosophies and feelings?
Thought Crimes Destroys Community
Putting people on different levels before the law will
destroy community, foster resentment and bigotry, and will
Balkanize Utah. What is ironic is that thought crimes are
diametrically opposed to Martin Luther King’s vision for
society. King publicly promoted the idea that people should
not be judged by their creed or the color of their skin. Said
he:
"I have a dream that one day this nation will rise up and
live out the true meaning of its creed: ‘We hold these truths
to be self-evident that all men are created equal.’"
Thought crimes, by definition, require that we reject this
vision and instead scrutinize victims and victimizers by their
beliefs, rather than judging all by the blindfold and scales
of impartiality, generality, and uniformity.
Case in point: In a recent news interview with KSL 1160 AM,
Utah Attorney General Mark Shurtleff implied that he is
"expecting a lot of heat, especially from the right wing of
the Republican party," for his promotion of thought crimes
legislation this legislative session. Are people who believe
that human beings are fallible therefore part of the
Republican right-wing? This example is indicative of the
divisive problem of focusing on groups and group rights,
rather than individuals.
Human Beings Are Too Fallible to Judge Thought Crimes
The following is what we expect our juries to perform in
the courtroom:
1) Determine
whether a particular action or crime was performed by the
accused;
2) Whether the
action or crime was an accident or purposely committed;
3) Whether the
action or crime was committed with premeditation (or whether
there was a conspiracy involved—even
more premeditation);
4) Whether there
was malicious intent to do harm.
These are enormous, difficult questions for jurors to
grapple with and attempt to satisfactorily answer. Wise jurors
attempt in their deliberations to focus on specific actions
rather than the perpetrator’s belief system. In fact, the
perpetrator's belief system need only be broached to perhaps
assist in finding answers to the above questions.
Isn’t that enough work for judges and juries to get right
and to do well? A juror is supposed to answer these questions
and also remain impartial, general, and uniform—treating
all victims and perpetrators equally in their final
deliberation.
Consider the ludicrous nature of this type of deliberations
that would occur in the above example of the woman who was
sexually assaulted. In addition to questions of accident,
premeditation, and intent, with thought crimes in place,
jurors would have to consider new questions such as the
following:
-
Would the
perpetrator have sexually assaulted a man if given the same
opportunity?
-
Did he do it
because he hates women in particular? Or just women of a
particular color?
-
Did he do it
because he was just mad at the world? Or was he beaten as a
child?
Just where is the victim in all these new deliberations?
She is largely forgotten and the courtroom turns from her
violation to the philosophies and nuances that may exist in
the mind of the accused.
I have been called up for jury duty, and I was scared to
death at my responsibilities. It would be unreasonable and
wrong to force me—a human
being—to judge a
perpetrator’s philosophies and belief systems along with
everything else I was tasked to do. It is simply not within
the power and authority of a biased and imperfect man.
We Are All Guilty of Bias & Prejudice
The peaceful beauty of our traditional system of
jurisprudence is that the accused is entitled to be judged by
a jury of his peers who are assumed to be above the crime with
which he is charged. With thought crimes, no such presumption
can be made, because we are all guilty of thinking ill of some
one or some group at one time or another.
Back to Topics
3. Utah State GOP Central Committee
Takes Firm Stand Against HB 85.
On Saturday, the Utah State Republican Party Central
Committee, the governing executive body of the party,
overwhelmingly passed the following resolution:
Resolution Condemning Thought Crimes Legislation
Whereas, The Declaration of Independence states, "We
hold these truths to be self-evident, that all men are created
equal and endowed by their Creator with certain unalienable
rights..."; and
Whereas, The Utah State Republican Party Platform states
under the heading of "Equal Rights" that, "We believe that no
individual is entitled to rights that exceed or supersede the
God-given individual rights guaranteed by the Constitution of
the United States and the Constitution of the State of Utah,";
and
Whereas, The Republican Party was established under the
belief that all men are of equal worth and protection under an
impartial law; and
Whereas, Punishment of thought would reduce protection
under the law for crime victims whose perpetrators were not
motivated by disapproved philosophies and beliefs, and would
draw judicial proceedings away from the tragedy of the victim
and the actual crime, and into the religious, political, and
other beliefs of the perpetrator; and
Whereas, Thought crimes legislation, such as that
proposed by Democrat David Litvack in House Bill 85 would
establish a dangerous mechanism in Utah law under which
freedom of conscience and religious belief is undermined and
may be ultimately threatened; now, therefore let it be
Resolved, That the Governor, the Attorney General, and
Republican members of the House and Senate are implored to
uphold the letter and spirit of the nation’s founding
documents and the Republican platform, and to oppose HB 85 and
other thought crime legislation.
Well over 100 voting Republican leaders from all over the
state attended this meeting and voiced their support for this
resolution. Attorney General Mark Shurtleff passed around a
lengthy handout and also spoke in favor of HB 85. His
arguments were handily rebutted.
Back to Topics
4. Additional Secular &
Religious Resources
For additional secular research and opinion on this issue,
I recommend:
1) "Hate Crimes and the Reversion to Medieval Society,"
authored by Morgan Reynolds, Director of the Criminal Justice
Center for the National Center for Policy Analysis, and
published by The Texas Public Policy Foundation
2) "Crimes are Defined by Actions, Not a Hierarchy of
Thoughts," by the Sutherland Institute
Below are several religious citations taken from the New
Testament (King James Version), as well as the Book of Mormon
that may be helpful to you as you discuss this issue with
legislators and neighbors.
New Testament Citations
"…Of a truth I perceive that God is no respecter of
persons…"
—
Acts 10:34, The New Testament
"…Call on the Father, who without respect of persons
judgeth according to every man’s work…"
—
1 Peter 1:17, The New Testament
The New Testament portrays the distinct impression that God
alone is qualified and empowered to judge crimes of thought:
"…He that searcheth the hearts…"
—
Romans 8:27, The New Testament
"O the depth of the riches both of the wisdom and knowledge
of God! How unsearchable are his judgements, and his ways past
finding out!"
—
Romans 11:33, The New Testament
Book of Mormon Citations
"Now there was no law against a man’s belief; for it was
strictly contrary to the commands of God that there should
be a law which should bring men on to unequal grounds… For
there was a law that men should be judged according to their
crimes. Nevertheless, there was no law against a man’s belief;
therefore, a man was punished only for the crimes which he had
done; therefore all men were on equal grounds."
—
Alma 30:7,11, The Book of Mormon
"Nevertheless, they durst not lie, if it were known, for
fear of the law, for liars were punished; therefore they
pretended to preach according to their belief; and now the law
could have no power on any man for his belief."
—
Alma 1:17, The Book of Mormon
According to the teachings of the Book of Mormon, laws
against beliefs are not only unwise, but strictly contrary to
the commands of the Creator. As the Nephite King Mosiah
attempted to transfer power from himself to a system of judges
elected by the people, he further reinforced the assertion
that God had inspired the Nephite system of laws:
"Therefore, choose you by the voice of this people, judges,
that ye may be judged according to the laws which have
been given you by our fathers, which are correct, and which
were given them by the hand of the Lord."
—
Mosiah 29:25, The Book of Mormon
Daniel B. Newby
P.S. The preceeding message was my personal opinion. To
receive an alert on this subject directly, email me at
daniel.newby@velocitus.net.
Back to Topics
If you have comments or suggestions, please
email us at info@accountabilityutah.org.
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