News and Events => Opinions & Editorials => Topic started by: Shana A on September 18, 2011, 09:14:23 AM Return to Full Version
Title: Anti-Transgender Violence: How Hate-Crime Laws Have Failed
Post by: Shana A on September 18, 2011, 09:14:23 AM
Post by: Shana A on September 18, 2011, 09:14:23 AM
Anti-Transgender Violence: How Hate-Crime Laws Have Failed
Sunday 18 September 2011
by: Victoria Law, Truthout
http://www.truth-out.org/beyond-hate-crime-legislation-addressing-violence-and-promoting-safety-transgender-people-us/1315945?fb_ref=.TnXuzM4eFAY.like&fb_source=home_oneline (http://www.truth-out.org/beyond-hate-crime-legislation-addressing-violence-and-promoting-safety-transgender-people-us/1315945?fb_ref=.TnXuzM4eFAY.like&fb_source=home_oneline)
On the morning of June 5, 2011, a 23-year-old African-American transgender woman, Chrishaun McDonald, and her friends were walking down Lake Street in Minneapolis. As they passed Schooner Tavern, Dean Schmitz, a 47-year-old white man, began shouting racial slurs at McDonald, asking, "Did you think you were going to rape somebody in those girl clothes?" Schmitz and two other bar patrons then attacked McDonald.
During the attack, glass was smashed into McDonald's face and Schmitz was killed. McDonald was arrested and charged with second-degree murder.
The details of what happened are still not clear. However, considering the widespread discrimination, harassment and violence that transgender people face every day in the United States, McDonald and her friends had ample reason to fear that Schmitz's attack could lead to serious injury, if not death.
Sunday 18 September 2011
by: Victoria Law, Truthout
http://www.truth-out.org/beyond-hate-crime-legislation-addressing-violence-and-promoting-safety-transgender-people-us/1315945?fb_ref=.TnXuzM4eFAY.like&fb_source=home_oneline (http://www.truth-out.org/beyond-hate-crime-legislation-addressing-violence-and-promoting-safety-transgender-people-us/1315945?fb_ref=.TnXuzM4eFAY.like&fb_source=home_oneline)
On the morning of June 5, 2011, a 23-year-old African-American transgender woman, Chrishaun McDonald, and her friends were walking down Lake Street in Minneapolis. As they passed Schooner Tavern, Dean Schmitz, a 47-year-old white man, began shouting racial slurs at McDonald, asking, "Did you think you were going to rape somebody in those girl clothes?" Schmitz and two other bar patrons then attacked McDonald.
During the attack, glass was smashed into McDonald's face and Schmitz was killed. McDonald was arrested and charged with second-degree murder.
The details of what happened are still not clear. However, considering the widespread discrimination, harassment and violence that transgender people face every day in the United States, McDonald and her friends had ample reason to fear that Schmitz's attack could lead to serious injury, if not death.
Title: Re: Anti-Transgender Violence: How Hate-Crime Laws Have Failed
Post by: Ann Onymous on September 18, 2011, 09:54:37 AM
Post by: Ann Onymous on September 18, 2011, 09:54:37 AM
hate crime enhancement provisions, as a general rule, ARE a failed concept. Their very existence is the death knell to many prosecutions of cases that would have been easy convictions with ONLY the assaultive conduct itself on the Indictment and given to a jury (if the case even went to trial, which relatively few do given the plea process).
Title: Re: Anti-Transgender Violence: How Hate-Crime Laws Have Failed
Post by: tekla on September 19, 2011, 12:49:07 PM
Post by: tekla on September 19, 2011, 12:49:07 PM
It's easy to prove the assault, a lot harder to prove the intent and motivation.