Texas Shows What Real Prosecution of “Hate” Crime Looks Like: Death Penalty

 

This is what real “hate crimes” legislation and prosecution looks like: “A second man convicted in the 1998 dragging death of James Byrd Jr. is set to be executed this week.” A second man convicted of dragging a black man to death is set to be executed by Texas this week. This monster would be spending the rest of his life, maybe, as a ward of the state in California, or Washington State, or New York, or fill in your Democrat-controlled state here.

But see what CNN and the left prioritizes:

Barring a last-minute stay, John William King, 44, will be the second person executed in Byrd’s 1998 death. Lawrence Russell Brewer died by lethal injection in 2011. A third man, Shawn Berry, was sentenced to life in prison.

While most murders are brutal, the viciousness of Byrd’s killing shocked the world. NBA star Dennis Rodman came forward to pay for Byrd’s funeral. Filmmakers produced multiple documentaries. Artists including Geto Boys, Drive-By Truckers and Will Smith referenced the violent saga in their songs. Maryland poet laureate Lucille Clifton penned an ode to Byrd.

Now for the important result, from the left’s perspective:

Most importantly, the 49-year-old’s slaying spurred Texas and Congress to push through hate crime legislation. The federal act is often associated with the killing of Matthew Shepard, a gay student beaten to death in Wyoming, but the full name of the law is the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.

Mind you, “hate crime legislation” had nothing to do with this set of successful prosecutions. The men conspired to commit murder and to carry out the murder in such a way as to max out the sentencing phase with the worst sort of aggravating factors. All the childhood bed-wetting and “depraved on account of I’m deprived” stories in the world couldn’t move the needle back from fry until extra crispy for the two men most responsible.

The third man received the maximum sentence any of the leftist-controlled states would allow, even with “hate crime” legislation. Indeed, Texas is also far more likely to actually ensure that “life” really means the convict will never draw another breath outside of prison. This points to the real motivation of “hate crime” laws being to pick favored victims and to score political points against straw men.

Getting into a bar fight and killing another man is bad, and likely deserves prison time. Tying a man up with chains and dragging him behind a vehicle until the road beats and mutilates him to death is a special level of evil. Every state in the nation already had the criminal statutes in place to make those distinctions, and already was prosecuted accordingly. Indeed, if you shoot your neighbor’s dog in her yard, or drag her dog to death, every state has the laws in place to distinguish between the first as “bad” and the second as “depraved.” Such laws regard all victims as equal under the law, not marking off some identities as more or less worthy of special solicitude by the courts.

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  1. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    From the Beaumont Enterprise [emphasis added]:

    7:30 p.m. UPDATE [Central Time]
    Two sisters and a niece of James Byrd Jr. addressed the media after the execution. Here is the text of the statement read by Clara Taylor:
    “Today we witnessed the peaceful and dignified execution of John King for the savage, brutal and inhumane murder of James on June 7, 1998 — really a modern-day lynching. King, who was the ringleader of the three, had a deeply ingrained hatred of blacks as evidenced by his actions, tattoos and hate-filled rhetoric. He wanted to make a name for himself and his organization by killing a black man. James was chosen as his target. James was shown no mercy as they dragged him while alive behind a pickup truck using a 25-foot logging chain. His body was slung from side to side like a sack of potatoes until he was decapitated. King showed no remorse then as well as tonight. His execution tonight was just punishment for his actions.
    “The outcry of support and rage from around the world indicated that James’ death did make a difference, not just to us, his family, but to others of various races. We are grateful for the full support of the judicial system on all levels — local, state and federal — that led to speedy arrests, trials and convictions of all three perpetrators. Tonight after almost 21 years on death row, the death sentence was finally carried out.
    “James would have been 70 this year. He was deprived of so many priceless memories, such as watching his three children grow up and become productive citizens. He has four grandchildren and his oldest granddaughter will soon graduate from college.
    “James’ legacy continues to be one of peace and nonviolence. As a result of James’ death, laws have been passed to recognize hate crimes and to prosecute accordingly. But laws cannot change the heart of man. We continue to look to God for a permanent solution, but meanwhile encourage everyone to continue to get to know one another on a personal level (especially those of a different race or ethnic group).
    “We believe that open dialogue is one of the keys to overcoming racial prejudice which if left unchecked often can lead to racial hatred and acts of violence.”

    • #31
  2. kylez Member
    kylez
    @kylez

    All the usual tropes:

    society made this crime happen

    “a modern day lynching”, well not a lynching really because no one was accusing Byrd of a crime, and there was no mob rule. 

    And Matthew Sheppard, hate crime victim, though he was a meth addict/dealer killed for drugs. 

    • #32
  3. Gumby Mark (R-Meth Lab of Demo… Coolidge
    Gumby Mark (R-Meth Lab of Demo…
    @GumbyMark

    kedavis (View Comment):

    I find it… odd?… at best, that the left is allowed to jam up the process and then claim that the whole thing should be stopped because “it takes too long and costs too much.” THEY cause that!

    Not odd.  It’s their modus operandi.  Encourage millions of foreigners to cross our borders, overwhelming our capacity to handle them, sue to prevent efforts to try to handle them, and then claim we are mistreating those poor folks because we are unable to adequately handle them.

    Or to go back farther, file lawsuits over prisoners held at Gitmo, sue over every proposed process to bring them to trial, delay ever attempt to start trials, and then complain that they are being held too long without trial.

     

    • #33
  4. dnewlander Inactive
    dnewlander
    @dnewlander

    Gumby Mark (R-Meth Lab of Demo… (View Comment):

    kedavis (View Comment):

    I find it… odd?… at best, that the left is allowed to jam up the process and then claim that the whole thing should be stopped because “it takes too long and costs too much.” THEY cause that!

    Not odd. It’s their modus operandi. Encourage millions of foreigners to cross our borders, overwhelming our capacity to handle them, sue to prevent efforts to try to handle them, and then claim we are mistreating those poor folks because we are unable to adequately handle them.

    Or to go back farther, file lawsuits over prisoners held at Gitmo, sue over every proposed process to bring them to trial, delay ever attempt to start trials, and then complain that they are being held too long without trial.

     

    Yep, “lawfare”.

    • #34
  5. kylez Member
    kylez
    @kylez

    It just occurs to me that the supposed prevention of hate crimes from some super-special law contradicts the non-deterrence argument against the death penalty.

     

    • #35
  6. kylez Member
    kylez
    @kylez

    The relevant joke is the second one, Cartman on a talk show trying to be more outrageous than the girl:

    • #36
  7. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    kylez (View Comment):

    All the usual tropes:

    society made this crime happen

    “a modern day lynching”, well not a lynching really because no one was accusing Byrd of a crime, and there was no mob rule.

    And Matthew Sheppard, hate crime victim, though he was a meth addict/dealer killed for drugs.

    As I have explained before, very much a lynching in the long understood sense of the vile torture murders inflicted on black men by white supremacists, starting in Reconstruction, for domestic terrorism purposes.

    The family statement did not mention Matthew Shepard. That name came into the CNN report, naming the federal legislation. I understand that the murder was most likely not about his sexuality, but rather about problems with a drug dealer, according to The Book of Matt.

    Nor did Clara Taylor blame society, but I note your dismissal of her statement and its claim that only God, not laws, can bring a permanent healing of human hearts, and that we should all seek to know people outside of our own group.

    She was clearly unhappy that justice had been so long delayed, and ascribed the guilt to the three convicted conspirators.

    I think the tone of your reaction does not help the case of those of us who want to argue for even enforcement of criminal law. 

    • #37
  8. kylez Member
    kylez
    @kylez

    From Dictionary.com:

    verb (used with object)

    to put to death, especially by hanging, by mob action and without legal authority.

    • #38
  9. kylez Member
    kylez
    @kylez

    I was commenting on the article, not the quotes inside it. Admittedly, without reading all of it.

    • #39
  10. Chris Campion Coolidge
    Chris Campion
    @ChrisCampion

    RyanFalcone (View Comment):

    I’m not sure that I agree with a major premise of the OP. Granted, it was 15 years ago and the professor of the class was a raving leftist but I studied the death penalty in grad school. Every indication that I got from my research indicated that the death penalty as administered today does not save tax payers money and it actually costs them no small amount more to continue the process of appealing these cases and in most cases as with this one, the sentence is carried out several decades later anyway.

    Also, unrelated to the OP but it is demonstrably false that the death penalty is a deterrent to crime that is punishable by the death penalty.

     

    Yeah, but they’re dead.

    I really don’t care if it deters one more crime or not.

    • #40
  11. Chris Campion Coolidge
    Chris Campion
    @ChrisCampion

    MarciN (View Comment):

    Excellent post on a troublesome subject.

    I saw one of the first “hate crime” local ordinances passed in Massachusetts during an annual town meeting for my small town on Cape Cod. I have forgotten all of the circumstances, but it was in the early nineties, and it had to do with a case in which swastikas had been painted on buildings in one of the neighboring towns. The discussion lasted an hour, and it was interesting if not a little chilling, the way a Twilight Zone episode would be. :-)

    I can see how we got here–every criminal case wisely and justly considers intent, but a consideration of intent will always bleed into a consideration of motivation. We cannot see into the human heart or mind, so we will always be only speculating in these courtroom deliberations.

    I think the only way to ensure that justice is achieved for everyone–victims and perpetrators–involved in crimes is to continue to consider intent and motivation in trials for other crimes, but to never consider intent and motivation as crimes in and of themselves.

    I think this is the line we have crossed with the advent of hate crime laws. We’re trying elevate intent and motivation to a singular legal status, and we should not do that. In other words, we were on the right road, but we’ve taken a wrong turn, and now we need to go back to where we were and take the other road.

    Is theft an avarice crime?

    • #41
  12. Instugator Thatcher
    Instugator
    @Instugator

    kedavis (View Comment):

    I find it… odd?… at best, that the left is allowed to jam up the process and then claim that the whole thing should be stopped because “it takes too long and costs too much.” THEY cause that!

    No, it is a Cloward Piven strategy for Death Penalty actions.

    • #42
  13. Stad Coolidge
    Stad
    @Stad

    Richard O'Shea (View Comment):

    RyanFalcone (View Comment):

    I’m not sure that I agree with a major premise of the OP. Granted, it was 15 years ago and the professor of the class was a raving leftist but I studied the death penalty in grad school. Every indication that I got from my research indicated that the death penalty as administered today does not save tax payers money and it actually costs them no small amount more to continue the process of appealing these cases and in most cases as with this one, the sentence is carried out several decades later anyway.

    Also, unrelated to the OP but it is demonstrably false that the death penalty is a deterrent to crime that is punishable by the death penalty.

    The reason states have the death penalty for these crimes is because it is a fair and just punishment. Saving money or deterrence would be a nice secondary effect, but not really necessary.

    Delaying it seems cruel…..

    For the condemned and the families of the victims, I agree.  You can thank liberal lawyers for that . . .

    • #43
  14. MarciN Member
    MarciN
    @MarciN

    Chris Campion (View Comment):

    MarciN (View Comment):

    Excellent post on a troublesome subject.

    I saw one of the first “hate crime” local ordinances passed in Massachusetts during an annual town meeting for my small town on Cape Cod. I have forgotten all of the circumstances, but it was in the early nineties, and it had to do with a case in which swastikas had been painted on buildings in one of the neighboring towns. The discussion lasted an hour, and it was interesting if not a little chilling, the way a Twilight Zone episode would be. :-)

    I can see how we got here–every criminal case wisely and justly considers intent, but a consideration of intent will always bleed into a consideration of motivation. We cannot see into the human heart or mind, so we will always be only speculating in these courtroom deliberations.

    I think the only way to ensure that justice is achieved for everyone–victims and perpetrators–involved in crimes is to continue to consider intent and motivation in trials for other crimes, but to never consider intent and motivation as crimes in and of themselves.

    I think this is the line we have crossed with the advent of hate crime laws. We’re trying elevate intent and motivation to a singular legal status, and we should not do that. In other words, we were on the right road, but we’ve taken a wrong turn, and now we need to go back to where we were and take the other road.

    Is theft an avarice crime?

    I’m thinking along the lines of the distinctions we make between premeditated first- and second-degree murder and manslaughter. Accidental arson caused by criminal negligence versus arson with an intent to burn a building down for the insurance money. That type of motivation or intent.

    • #44
  15. The Reticulator Member
    The Reticulator
    @TheReticulator

    Since the introduction of hate crime legislation we have had widespread blocking of hate speech on the internet. Even some conservatives now assume that hate speech is bad speech. We need a reset–a do-over with more precise language. 

    • #45
  16. Doctor Robert Member
    Doctor Robert
    @DoctorRobert

    Clifford A. Brown (View Comment):

     

    The death penalty takes so long and is so expensive because of the huge pro bono industry aimed at delaying administration of sentences. I read a while back where an attorney for a death row inmate argued that the long delay was itself cruel and unusual punishment.

    As far as preventing crimes, the recidivism rate for executed prisoners is zero.

    Perhaps the bug is a feature, seeking the gradual abolition of the death penalty by continuously adding more sand to the gears of the justice system.

    Ya think?

    • #46
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