As part of the Loper Website's ongoing exploration of Hate Crimes, Bias, Race, and the Law, we're in the process of asking some questions of a number of people we think will have something worthwhile to say about these things. Here's an outline of the questions we're now asking -- not a questionnaire, exactly, but a framework for discussion.

As we go along, we'll post the results of our interviews. And we welcome your answers or comments -- we'll post a selection of these as well.

Hate crimes and hate crime laws

What do you consider to be a hate crime? a bias-related incident?

Is it a good thing to make distinctions in sentencing according to the perpetrator's motive?

In Virginia the hate crime laws provide stiffer sentences in cases of
§ Simple assault
§ Assault and battery
§ Trespass

Do you think the 'hate crime' designation should be used to make a sentence harsher? Why?

Do you believe that the scope of covered offenses should be increased? Why so?

Under these laws, the hate or bias can only be based on the victim's
§ Race
§ Religion
§ Color
§ National origin
§ Condition of disability

Do you believe the list of victim groups should be increased? Why so?

If (non-criminal) expressions of hate or bias are protected speech, why is the hate or bias motive of a crime not protected speech as well?

Are you familiar with any incidents that you would consider to be hate crimes or that you think of as bias-related? Have you or someone close to you been the victim of bias?

Groups vs. Individual actions

Hate crimes can be the action of a group dedicated to 'sending a message' to another group. They can be the actions of a gang without larger purpose. Or they can be the actions of an individual.
§ Do you think society should deal differently with members of a hate group than with individuals? How?

Other victim groups have occasionally participated in assaults on a majority - Vietnamese in Louisiana, Portuguese in Massachusetts.
§ Are you more sympathetic when this happens, or do you feel the same about bias crimes whether it is a member of a majority or a minority doing the assailing?

Recent events in Charlottesville

Are you aware of the recent series of assaults on UVa students in Charlottesville?

Where did you get most of your information about them?
§ Newspaper
§ Radio / TV
§ Word of mouth

How would you describe these incidents?
§ 'Wilding' - just a bunch of kids acting badly?
§ Town vs. gown
§ Deliberately race-based
§ Something else?

Do you know any of the accused kids, or any of the victims? What are they saying?

Do you know any details about these assaults that have not been written about, but ought to be known?

In light of what you know or have read about the assaults -- about the victims and the assailants -- do you think that there should or should not have been a hate-crime charge against some if not all the assailants? Why so?

In the recent series of assaults, it has been reported that whites were involved at some point, and yet only blacks have been actually charged.
§ Do you think that the criminal justice system in Charlottesville is quicker to bring charges against blacks than against whites?

Outcomes

What do you believe are the consequences for the community of not bringing hate crime charges?

Would charging these assaults as hate crimes make it more or less likely for other kids to act out in this way?

What effect would it have on the kids who did it if they are charged with hate crimes rather than simply with assault?

"Restorative Justice' is the name of a new way of dealing with juvenile offenders that includes face-to-face meetings between offender and victim, and negotiated agreements to help "restore" the situation to what it was before the offense. It is intended to supplant traditional probation and community service.
§ Do you think the concept of 'restorative justice' is a good idea?
§ If so, should it be extended to include minor offences by adults?
§ Do you think the restorative justice approach will be more or less effective for a bias crime?

Race / next steps

The accusation has been made that bias-motivated crimes by whites on blacks are publicized and prosecuted more vigorously than such crimes by blacks on whites.
§ Do you think this is true in general? In Charlottesville?

Who else should we speak with to explore these issues?

Are there other questions you would like to have been asked? (Dave Sagarin, April 10, 2002)