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07.28.2008 12:18 pm

Murder is murder, no matter what the motive

St. Louis Post-Dispatch
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Alleged murderer Jim D. AdkissonMost of you have probably heard about the shooting at Tennessee Valley Unitarian Universalist Church in Knoxville, Tennessee, over the weekend, which left two dead and seven wounded.

The shooter, Jim D. Adkisson, entered the church during a children’s play and opened fire with a 12-gauge shotgun:

The man apparently walked up to another man in the back of the church, shot him “point blank, right there” and then opened fire on the crowd, she said.

The man was tackled when he paused to reload.

I noticed this line in the Knoxville News story:

The FBI is assisting in the investigation, Owen said, “In the event it turns out to be a hate crime.

And later in the story:

[Witness Barbara Kemper] said the gunman was yelling “hateful things” and was wearing a red, white and blue T-shirt.

“He looked like bad guy.” Kemper said.

Another Knoxville News story about the shooter highlights his apparently long-standing hostility towards Christianity and Christians.

The man accused of a mass church shooting this morning was described by his Powell neighbors as a helpful and kind man, but one who had issues with Christianity.

[...]“He had his own sense of belief about religion, that’s the impression I got of him,” said neighbor Karen Massey. “We were talking one day when my daughter graduated from Bible college, and I told him I was a Christian, then he almost turned angry.

“He seemed to get angry at that.”

According to Massey, Adkisson talked frequently about his parents who “made him go to church all his life … he was forced to do that.”

Yet an NBC story says Adkisson held a “stated hatred of the liberal movement,” which the story claims could have motivated his attack against this particular church, which has advocated women’s and gay rights and founded an American Civil Liberties Union chapter.

The FBI’s website has a “hate crimes” section, which includes this definition of the term:

A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.” Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.

The idea behind this classification is that crimes (such as murder, arson, and vandalism) that are motivated by “hate” should result in stiffer penalties for the offenders than the same crimes motivated by “traditional” reasons. This was codified as U.S. law in the Violent Crime Control and Law Enforcement Act of 1994.

Yet you’ll note that “political beliefs” are not covered under the above definition of a “hate crime.” Therefore Mr. Adkisson’s crime could be classified as a hate crime only if he “hated” the victims because they were Christians — but not if he “hated” them because they represented the “liberal movement.”

There is no rational way to explain this discrepancy. Unlike race or ethnic origin, religious and political beliefs are both individual choices. Both, to a certain extent, rely on faith in certain values or ideals. Both can be “inherited” from a person’s parents. Yet crimes committed because of “hatred” of a person’s religion can get you a harsher sentence than those committed because of “hatred” of a person’s political beliefs.

The entire notion of determining punishment for a federal crime based on the defendant’s supposed motivation of “hatred” seems illogical. If a man burns down another man’s house or torches his business, he should be punished because he committed arson, no matter whether he did it because the man was of another race or because he cut him off on the highway the week before.

If a criminal vandalizes someone’s garage, their punishment should not be determined by whether they spray-painted a common profane word or a racial slur.

Similarly, if someone commits murder, they should be punished because they took another person’s life in cold blood. A murderer should not get a lesser sentence because they killed someone over a financial dispute rather than because the victim was a Hindu.

In the Knoxville case above, Mr. Adkisson planned out his crime in advance (”he had been plotting the attack for at least a week”): he made sure to do it when he knew the church would be packed for a children’s play so as to maximize casualties; he hid his gun in a guitar case so as to enter the building unnoticed; and he even brought an extra bag full of ammunition with him to allow him to reload and kill as many innocent people as possible.

Maybe he did it because he hated Christians. Maybe he did it for political reasons because he hated the “liberal movement” he thought the church represented. Determining his true motive is important for the judicial process and for closure for the families of the victims, but it shouldn’t determine his sentence. If he is found guilty, the facts alone should be enough for a jury to give Mr. Adkisson the punishment he deserves. (Note: Tennessee does allow the death penalty.)

Murder is murder.

**UPDATE: Police have announced the discovery of a 4-page “manifesto” written by Adkisson describing his hatred of “liberals in general, as well as gays.”

Therefore it looks less likely that religious hatred was a motive, but this again presents a problem: only half of the self-described motive can qualify this shooting as a “hate crime.” It’s not difficult to imagine that sentencing in this case could turn on an absurd debate about “which group Adkisson hated more” — gays or liberals.

23 comments

Comments are closed.

Helen Louise writes:—- “The death of Matthew Shepard was a robbery gone bad according to the killers. Yet he has become a cause celebre for the gay community. The fact that he was gay had nothing to do with the crime. There are so many incidents in life where appearances aren’t reality.”

Although I have no firm opinion in the hate crimes debate, those who spread this story do. They also have a very strong opinion about Lawrence v. Texas.

The defense attorneys attempted to use the “gay panic defense”. They even tried to portray the victim as a sexual predator. The public defender claimed that Shepaerd had aggressively groped McKinney.

Russell Henderson, who refused to testify against his friends, spoke to detectives at length after he had been sentenced. He stated that they had chosen Shepard precisely because he was gay, figuring him for an easy mark. He also said that the alleged grope never happened.

Sgt. Rob DeBree, the chief investigator in the case, dismissed with scorn the idea that this was just a robbery that went wrong. “Far from that! They knew damn well he was gay … It started out as a robbery and burglary, and I sincerely believe the other activity was because he was gay.”

Shepard was tortured, pistol-whipped, and tied to a fence in a remote rural area. He had a massive skull fracture, brain stem damage, and lacerations all round his face. His attackers left comatose. That was not an ordinary robbery. They could have shot him. That was a crime motivated by fear and loathing of the other. Whether it should be treated differently from any equally cruel murder is another matter.

I do not believe that they were sending a message by committing this crime, but hate crimes are not the same as other crimes. Like lynching, they are designed to strike fear into the hearts of a whole community. Painting swastikas on Jewish gravestones is not just vandalism.

— David Harley
8:07 pm July 29th, 2008

To bad somebody with a concealed carry permit wasn’t there to save the taxpayers the money for a trial.

— big John
3:58 pm July 30th, 2008

Helen Louise,

Some cases of murder involves things gone bad. These are not those cases in which I was speaking about, some murders and assaults are committed just because of a person being a of a certain race, religion or because of a person’s sexual preference.

David Harley above states it as factually as one ever could when he states:

“..hate crimes are not the same as other crimes. Like lynching, they are designed to strike fear into the hearts of a whole community. Painting swastikas on Jewish gravestones is not just vandalism.”

This is why it is neccessary and should carry extra penalities. To not do so is to place less value on that person as a human being. But, then that has been the history of this great country in this very area, hasn’t it?

— D. Walker
12:58 am July 31st, 2008

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