Paris Hilton Goes to Jail
New Hate Crime Legislation Contradicts Equal
Under the Law Concept
Last week many Americans shared a collective giggle when
a Los Angeles judge ordered celebrity Paris the
Heiress Hilton to 45 days in jail for violating
her suspended driving status for the second time. The
party princess had been on probation after pleading no
contest to a drunk driving charge back in 2006.
Paris
Hilton now comes in the can! Will everyones
favorite celebrity socialite spend 45 days in the
slammer this summer? Stay tuned.
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Just in case youve been holed up in a cavern without
television, radio or a subscription to People, and have
no idea who Paris Hilton is, let me clue you. Young Ms.
Hilton is the great-granddaughter of Conrad Hilton and
one of the heirs to his vast hotel empire. She is also,
along with Nicole Richie, one of the stars of the FOX-TV
show The Simple Life.
The premise of The Simple Life is to take two fabulously
wealthy, incredibly spoiled, double-digit IQ-ed, West
Coast socialites (Hilton and Richie) and throw them into
situations where they have to interact with ordinary Americans.
Hi-larious!
I have to admit that I watched a couple of episodes of
The Simple Life and was mildly entertained by the sight
of these two dimwits traipsing through Americas
heartland thinking they were more clever by half than
the real people who were fixing the girls luxury
car and making them dinner.
But this week, I had to wonder, what is it about Paris
Hilton that makes some of us gleefully enjoy the fact
that she might have to spend the better part of the tanning
season behind bars? Do we really dislike her that much?
Or is it a feeling of satisfaction that, despite her fame
and money, she is just one of us in the eyes of the law?
It doesnt matter if youre Paris Hilton, Mel
Gibson or the King of Siam, drive drunk in America and
well show you the inside of a jail cell, by gosh!
That made the second time in a week that I asked myself
serious questions about the concept of equal protection
under the law and why that idea is such a cornerstone
of our American way of life. The first time that I pondered
the concept was when I learned that the House had passed
legislation on May 3rd to expand federal hate crime
categories to include violent attacks against gays and
people targeted because of gender to existing hate
crime legislation. The new legislation passed 237-180
and basically it makes it easier for federal law enforcement
officials to take part in local prosecutions involving
bias motivated attacks.
I guess I have a problem with hate crime legislation because
it contradictorily goes too far yet doesnt go far
enough.
For example, all of the federally enacted hate crime legislation
that is on the books today makes no mention of several
large subclasses of Americans such as the elderly, the
military, or the extremely obnoxious (you know who you
are). And what if someone picks a fight with someone else
because he thinks the person is an illegal immigrant?
After the fight, the first guy learns that he just traded
punches with an American of Samoan heritage. Does the
federal government get involved because the first guys
assault was based on bad information? Or would they step
in to prosecute someone for hate crimes against illegal
immigrants at all?
Proponents of hate crime legislation love to remind us
about Brandon Teena, a young Nebraska transsexual depicted
in the movie Boys Dont Cry, who was raped and murdered
by two young men after it was discovered that she was
biologically female and posing as a male. They try to
make it sound like Nebraska authorities wouldnt
take rape and murder seriously without the help of the
federal government.
The other misconception about hate crime legislation is
that it implies that without it local authorities can
legally keep federal authorities away from a criminal
investigation if they want to. With all of the new Homeland
Security legislation in place, you can bet your bottom
dollar that federal law enforcement officials can assist
on any case they want to, most of the time with the full
cooperation of local lawmen.
Sure, hate crime legislation sounds like a good idea,
especially if you fall into one of the groups that it
is supposed to protect. But you have to ask yourself,
if you are gay or African-American or in a religious minority:
do you really want the United States government recognizing
you as a subclass of American citizenry? One that needs
special protection and special laws?
You also have to ask yourself why the AARP and other organizations
that look out for the elderly are not exactly tripping
over themselves in an attempt to make that special interest
group included in the new hate crime legislation. Maybe
older people have seen this sort of separate but
equal legislation before and want no part of it.
My point is that we should make sure we have a justice
system in this country that protects all victims of violent
crime. In my opinion every violent crime is on some basic
level a hate crime. Let the punishment fit the crime,
regardless of the status of the criminal or the victim.
If there is an element of hate or prejudice that is part
of the motivation in the crime, let the local courts figure
it out and decide accordingly if a stiffer punishment
is merited during the sentencing phase of the trial.
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