In a new publication, the American Friends Service Committee ( AFSC ) describes the body of current hate-crimes legislation as "seriously flawed" and in need of further review. The publication, "In a Time of Broken Bones: A Call to Dialogue on Hate Violence and the Limitations of Hate Crimes Legislation," decries the use of penalty enhancements while supporting other aspects of such legislation.
Penalty enhancements, the group states, have historically been applied in an unjust and disproportionate way against communities of color and have fueled the mass incarceration of working class and poor people of color, particularly youth.
"We are concerned that many of these laws go in the wrong direction. They expand the scope of the criminal justice system, rather than strengthen civil and human rights," states author Katherine Whitlock, special representative for Gay, Lesbian, Bisexual and Transgender programs for the AFSC Community Relations Unit. "We believe the emphasis on penalty enhancements could produce consequences which are directly opposite to what was intended."
"While hate-crimes legislation actually varies from state to state, our concern is that it generally fails to address the deeper needs of all those harmed by hate violence: victims, offenders and the communities from which they come," stated Mary Ellen McNish, AFSC general secretary. "Those who commit acts of violence must be held accountable, but we need to recognize that offenders are also harmed by the violence of hate and are also in need of healing. Legislation should not simply create new mechanisms that further the cycle of violence and hatred."
The hope is to initiate a constructive dialogue among all those concerned with the pressing problems of hate violence. Additionally the group seeks to call attention to the structural links to violence in society in order to begin the process of understanding and reconciliation, calling for a vision of healing justice that goes beyond retribution.
Founded in 1917 to provide conscientious objectors with an opportunity to aid civilian victims during World War I, AFSC is grounded in the Quaker belief that "there is that of God in every person."