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Commentary
Commentary Tuesday
27Nov
Waiakea hate crime? Probably not by law
Tuesday, November 27, 2007 at 03:21PM There's been much discussion recently about hate crimes in the wake of a student assault at Waiakea Intermediate School last week, but a bit of background reveals how extremely difficult it is to bring a case to prosecution in Hawaii, and how misconstrued the law on hate crimes is.
The narrow definition of hate crimes in Hawaii has rendered the law practically moot. Only 11 cases have been identified as hate crimes in Hawaii since the state law took effect in 2002. Not one was successfully prosecuted, although in a Kona case in which a bunch of yahoos busted up a campsite full of tourists, the hate crime charges were dropped in plea agreements.
So in the interest of gaining some pertinent background on this misunderstood law, here are a few links:
The Star-Bulletin editorialized in February with an explanation of why the infamous Waikele beatings on Oahu were not hate crimes, which has some application to the Waiakea case. Another good summary of the Waikele case and hate crime legislation in general was in the Honolulu Advertiser the same day. The Attorney General's 2006 report on hate crimes is here. The Portland (Ore.) State University has a Hate Crimes Research Network which also has useful information.
Earlier this month the state Attorney General reported six hate crimes in Hawaii in 2005. Jim Dooley wrote about that and the FBI's national report on hate crimes here.
But hate crime statistics tend to be skewed for a number of reasons. Basically the crime is so difficult to define and prove and different states have different reporting methods. Doug White pointed out that it would be instructive to know in Hawaii how many hate crimes were reported to police versus only the six that were identified by prosecutors in 2005. That would reflect the narrow definition of hate crimes that prosecutors must deal with versus the popular perception of hate crimes.
As the Waikele case demonstrates, calling someone a racial epithet while beating them physically isn't enough to make a hate crime in Hawaii. The more important determination is what prompted the attack, which underscores the problem with hate crimes.
A crime's a crime regardless of why someone committed it. People should be able to think what they want, but if they act on their thoughts in a criminal manner they should be punished equally whatever their motivation. People should be punished for their actions, not their words or thoughts. Would the alleged crime at Waiakea Intermediate have been any less disturbing if the attacker had inflicted the beating without saying anything?
Deliberately pounding someone's head against a wall is a violent crime that should be punished whether the accused was saying "fucking haole" or "welcome to Waiakea." It doesn't matter. Hateful thoughts don't make the violent crime any more or less serious than it already is.
Punish willful physical violence against another person severely whatever the motivation and let judges account for mitigating circumstances if there are any. And let people think whatever their little minds will harbor as long as they don't act. Otherwise we can just marshal the thought police and put the inner workings of everybody's mind under surveillance. Is that what we want?
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Reader Comments (17)
The Waikele beating was brought on by an accident. This beat down seems much more motivated.
What accident did this "effing Haole" cause?
Possible, yes. Understandable, absolutely not. The girl did NOT deserve this.
What would we be hearing from Keliipio if the victims were "local" and the perps were white? I'm sure the howls of outrage could be heard in San Francisco and a major Civil Rights investigation would be demanded to insure the protection of the oppressed. What we get in the present case is the usual pablum about being "left behind." Why are they left behind? Could it be because the families in these sorts of cases do not value education and achievement enough to instill a strong work ethic and respect for those who do achieve at a higher level?
Of course we all know what the bottom line is, but it is not PC to say it. The simple truth is that some locals just don't like white folks and they have generally been able to get away with even the ugliest manifestations of this hatred. Hate crime laws are indeed useless and so subjective as to be unenforceable. Strict enforcement of basic statutes against assault would be enough, but we don't seem to be able to get even that.
Arrest the perp(s) and crackdown on school violence. The more we learn to use our hearts and minds to overcome out cultural and economic differences, the better a community we are.
Teach children at home (by example) that its ok to express anger through violence, and the cycle goes on and on, unless whoever does the crime does the time.
It seems to me, and others I talk to, that Waiakea High and Intermeadiate teachers, staff, and administrators hesitate to crack down on the bullies, least the bullies families come back at them.
Maybe that complex needs some kinda Rambo character around. The DOE staus quo doesn't seem to be that effective.
I'm so glad my Big Island born son's out of the Hawaii public school system, where he was a 2.5-3.0 student. Funny he's now all 4.0 at a leading west coast university.
really boils down to "school run by bullies".
The responsibility of the management
of the school lies with the principal.
Here is an analogy:
A cruise ship has a group of passengers running around
putting holes into the hull.
Why you might ask? Because they can.
The experienced and handsome ships captain aware of this and schedules some of the crew to patch the leaks as they are reported.
Why a "handsome" captain you might ask?
Because he just is.
This "hull hole" issue sometimes causes puddles in the general walkways. On occasion unsuspecting fun loving and carefree passengers slip.
Its really good fun.
However as it happens most everyone really would prefer not to have this hazard in the walkway.
One day the captain steps into a puddle careful not to slip. Not "handsome" for nothing,several more crew are reassigned to: "make free the walkways of water".
Years pass and for some undiscussed reason an ever increasing number of passengers have taken to putting holes into the hull.
By this time established ship policy is,("an proportional budgeted number of crew and allocation of resources are assigned as mandated by order of the ships captain") walkways are to be kept free of water.
As thing come to pass the present generation of passengers have no expectation of ship board services -like meals and fun loving carefree activities.
Annual awards and pay increases are bestowed on captain and crew. A perfect puddle free cruise.
Until one day the ship sinks.
Not to worry. Worry Not.
All passengers are rescued. Several small life rafts manned by capable crew are seen on the horizon.
The flotilla charter(s) it school(s) of passengers safely to shore.
Meanwhile all available resources are diligently addressing the challenges our handsome captain is reporting.
Here is another thing that was a common practice at that time, especially in the seventies. A BUNCH of local islanders would get together and start drinking the local beer called Primo. After a few hours and their tanks were full they would get some clubs and go to the beach where the hippies were living of the land in tents [a lot like many people are doing here in Puna today] It became time to beat-up the tents with their clubs regardless of who was in them at the time, man, woman, or child. These island people were then know as the PRIMO WARRIORS and would laugh like hell about the fun that they had that night.
Perhaps some of the children that are in school today are direct descendants of the old PRIMO WARRIORS and the heros of BEAT-UP A HAOL’E DAY at school. Of coarse there wasn’t any such thing as a hate crime in those days it was just called having a hoot. The seed of the hate in some of our local islanders runs pretty deep and is passed on to the next generation. Children are not born with hate this has to be taught to them ether by their parents or direct experience.
As far as the Waiakea intermediate school incident is concerned I totally agree with Damon
As Damon said:
What accident did this “effing haole” cause?
I expect to get flack over this post, but the facts are the facts. Some will say “let the past go” and I will as soon as this “bull”stops. It’s a no wonder that so few hate crimes are prosecuted in Hawaii with a past like the island have. With such a deep seeded hate in so many our jail’s would be full for longer periods of time. These islands are still paradise to this haol’e and many more like me, but some changes have to be made.
The Lack
If we 'accept' this nasty kine behavior, and blame outsiders for our ills, we all loose.
Life is a struggle, those that wish it otherwise are deluding themselves. We are responsible for our own actions - and are either rewarded or punished by God, karma, or just plain-old circumstance - what ever or in whom ever you believe.
I for one hope the kids that almost took a human life feel pangs of regret, if not, so be it - they and their friends and families will feel the ripples for decades to come. As they will always have a 'chip on their shoulder.'
The crime was grisly, so stupid and unnecessary -- hate or not. And I realize we have a impotent law in Hawaii.
The attack was vicious and apparently without provacation, If the DOE does not act quickly and take swift action, Herb Watanbe needs to summon the board of education for some serious examination of top leadership. This is not a school-only matter and cops should be vigorously involved, and hopefully they are as we exchange thoughts.
The event is a sad reminder of the nasty days of the "Primo Warriors" when misguided locals felt they could trash visitors or newcomers without consequences. Or a mirror of what happens now in South Kona county parks.
I urge zero tolerance for such violence.
JAT, being someone was bringing up history.
"....IT IS TIME THAT WE TAKE BACK THE USE OF THIS BEACH, PRIMO WARRIORS WHERE ARE YOU?"
http://www.moolelo.com/haolenotbadword.html
(Don't shoot the messenger, I simply googled "Primo Warriors")
Chuckster did hit the nail on the head with the phrase "Culture of Poverty", however.
Some people would have us believe that violence and crime are more predominant among certain races or cultures. I believe it has more to due with socio-economic status. Many poor folks (especially children) are pretty much "chained" to their cycle of poverty.
We need Ho'oponopono in our schools, and we need zero tolerance for violence.
Your punched in the face and called a "#@%& bitch!" Is this a hate crime against a woman? (What if it's two men involved?)
Your punched in the face and called a "$#@& freak!" Is this a hate crime against one with a disability?
Your punched in the face and called a "@#$% asshole!" Is this a hate crime against all anal apertures?
I tend to agree with Hunter...a punch in the face is hateful and that is what should be punished. I believe we have become overly sensitive to certain descriptors.
But violence is what the US was built on wasn't it? and the killers got away with it for generations. And the sick part is we all celebrate the violence when we observe Thanksgivng. Hypocrites all of us. Yup.
http://www.counterpunch.org/ely11222007.html
I have at the age of 61 had the same experience. Just because my skin is light. Little did the attacker know I have more Hawaiian blood in me than he did. And yes NOTHING was done about it. When I was attacked I could have been killed or worse disabled for life. Police did not even investigate it when the information that was needed to pursue the case was given to them. As far as I was concerned the investigator was as bad or worse than the attacker! We all have to live in this world together. Regardless of where you come from or who you are or what color you are
Your experience with the Police is not necessarily uncommon -- except, perhaps, that the Police did not participate in the assault.
Most Police Officers, in my observation, are decent folks trying to do a job and be professional (especially when they are new?!). However, in that line of work, there is just no latitude for inappropriate behavior for a few, or even one Officer.
The Hawaii County Police Commission is supposed to receive public complaints about Police behavior and performance and to address those problems. Unfortunately, the Commission finds not fault in anything Police Officers do.
This is why Bob Jacobson has tried, and is trying again, to establish an Independent Police Auditor. This was initated by Paul DeSilva (former Prosecutor and Judge). He went on the Police Commission and, after one year, resigned in disgust and protest at the failure of the Commission to fulfill its duties regarding inappropriate Police behavior.