Individual Freedom V Safety

2. Individual Freedom V Safety Clarence Thomas

4. What is expression?

5. How do you express yourself?

9. Westboro

12. Klan clip • Klan clip

15. HATE CRIME A hate crime is a CRIMINAL OFFENSE intentionally directed at an individual or property in whole or in part because of the victim's actual or perceived race, religion, national origin, gender, gender identity, sexual orientation, or disability.

16. Hate crime legislation begins in 1968 • Hate crimes legislation passed to protect civil rights. • Hate hurts all levels of society. It sends a message that minorities are not welcome and they are not safe in American society.

17. The torture and murders of James Byrd Jr. and Matthew Sheppard spurred Congress to finally approve an addition to the 1969 Hate Crime Prevention Act. President Obama signed the law in October 2009.

18. Matthew Shepard James Byrd Jr. Hate Crime Prevention Act • Removes requirement that the victim be engaged in a federally protected activity…ie voting and attending public school. • Expands protection to include actions against an individual based on perceived sexual orientation, gender, gender identity, or disability. • Allows limited jurisdiction for federal law enforcement officials to investigate and prosecute bias-based crimes when state laws are inadequate. • Provides training and direct assistance to help combat biased based crimes

19. Racism and the Media  1.    Blacks and Latinos are more likely than whites to appear as lawbreakers in the news - particularly when the news is focusing on violent crime. [...] 2.      [W]hites are overrepresented as victims of violence and as law-enforcers, while blacks are underrepresented in these sympathetic roles. 3.      [B]lacks in criminal roles tend to outnumber blacks in socially positive roles in newscasts and daily newspapers. [...] 4.      [D]epictions of black suspects...tend to be more symbolically threatening than those of whites accused of similar crimes...In the ubiquitous "perp walks," blacks were twice as likely as whites to be shown under some form of physical restraint by police - although all were accused of scary and generally violent crimes. 5.      [B]lack victims are less likely to be covered than white victims in newspaper coverage of crime.

20. Why don’t victims report hate crimes?

21. Some of the most likely targets of hate violence are also the least likely to report these crimes to the police1. Many new Americans come from countries in which residents mistrust police and would never call the police — especially if they were in trouble. 2. Gay, lesbian, and transgender victims, facing hostility, discrimination, and, possibly, family pressures may also be reluctant to come forward to report these crimes.

24. Why do people join hate groups? • Need to belong. There is a need to reject people in order to be accepted by people. • Upbringing • Sense of power • Rise in self esteem • Lack of responsibility the need to blame someone different than them for their troubles.

26. The International Convention on the Elimination of All Forms of Racial Discrimination states: States Parties condemn all propaganda and all organizations which are based on ideas or theories of superiority of one race or group of persons of one colour or ethnic origin, or which attempt to justify or promote racial hatred and discrimination in any form, and undertake to adopt immediate and positive measures designed to eradicate all incitement to, or acts of, such discrimination and, to this end, with due regard to the principles embodied in the Universal Declaration of Human Rights and the rights expressly set forth in article 5 of this

27. How should the United States government respond?

31. Americans are free to think, preach, and believe whatever they want. It is only when an individual commits a crime based on those biased beliefs and intentionally targets another for violence or vandalism that a hate crime statute can be triggered. ACTION.

32. Answers to “Hate Crime in America” • A hate crime is any crime committed against a person or a person’s property motivated because of the person’s race, religion, ethnicity, nationality, gender, sexual orientation, or disability. • It is difficult to determine whether hate crimes are increasing or decreasing due to a lack of statistical data. Many places do not report hate crimes a separate type of crime. This combined with the yearly increase in places that report hate crimes make it difficult to determine if hate crimes are increasing or decreasing. • opinion based on reading • See slides • See slides

33. The Debate Pros Cons Laws already exist to prosecute the offenses. Puts people who commit lesser offenses in prison where they are potentially exposed to racist gangs. It is unfair to prosecute people differently for the same crime. It violates the eighth amendment Increases the federal governments participation in law enforcement • Protects groups and makes the public aware that different groups are vulnerable. • Hate crimes abuse more than the original victim and creates an atmosphere of intolerance and danger. • Can create a fair prosecution absent of state attitudes.

34. RAPE

35. The changing rape statute in America • For the first time ever, the new definition includes any gender of victim and perpetrator, not just women being raped by men.  It also recognizes that rape with an object can be as traumatic as penile/vaginal rape.  This definition also includes instances in which the victim is unable to give consent because of temporary or permanent mental or physical incapacity.  Furthermore, because many rapes are facilitated by drugs or alcohol, the new definition recognizes that a victim can be incapacitated and thus unable to consentbecause of ingestion of drugs or alcohol.  Similarly, a victim may be legally incapable of consent because of age. The ability of the victim to give consent must be determined in accordance with individual state statutes.

36. THE STATISTICS Every two minutes another American is sexually assaulted.1

37. 1 out of every 6 American women has been the victim of an attempted or completed rape in her lifetime About 3% of American men—or 1 in 33—have experienced an attempted or completed rape in their lifetime.4

40. Where?

41. How did the law change? The term “woman” has been replaced by “any person”. The term “forcible” has been replaced by “against their will”

42. Who are the offenders?

43. Achieving Justice for the Victim The overwhelming backlog of DNA evidence is currently one of the biggest obstacles to prosecuting perpetrators of sexual violence.

44. Why? • Evidence was never sent to the crime lab. • Evidence arrived at a crime lab, but was never tested

45. Sexual Assault • Sexual assault is any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Falling under the definition of sexual assault are sexual activities as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape.

46. Cyber crime • There has been a noticeable increase in account takeovers. This can be directly related to the continued rise of Zeus Trojan and other malware variants created to capture login credentials to financial websites. These account takeovers result in fraudulent transfers from the victim’s account to an account under the control of a perpetrator. - Verizon’s 2011 Data Breach Investigations Report

48. Measures taken to reduce cybercrime • 30 nations signed and ratified an international treaty that spells out computer misconduct and agreed to create laws that criminalize this misconduct.

49. Hacking Electronically breaking into or disrupting computer systems. • Zeus: virus that captured bank account numbers, passwords, and other login information. Stole $70 million by using “mules”. • Trojan horse: erases files. Example “I love you” • Click- jacking • Scare ware

50. 3 categories of hackers • White hats: do nothing illegal.. They are hired by companies to infiltrate the companies system to check for security lapses • Gray hats: follow “hacker ethic"; bans stealing or vandalism but allows the hacker to enter computers illegally and publish security lapses and codes found in systems. • Black hats: steal, vandalize and corrupt.