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SOME THINGS JUST DON’T CHANGE

By Marsha K. Hardeman
Apr 25, 2008 - 6:29:53 AM

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Marsha K. Hardeman
The recent news report of the kidnapping and racially motivated sexual assault on a young, Black woman in West Virginia is a starkly jolting reminder that racial hatred still is a cancer upon our nation that must be excised, swiftly and completely, in order for this growth of human hatred to be stopped.

Although the reports have tried to apprise viewers and readers, briefly of the outrage that has surrounded this tragedy, expressed by citizens all across this little West Virginia County, there is much more that is to be learned and understood, beneath the surface. Despite the strong dislike among the White people of this County for the despicable individuals that perpetrated this gross violation upon the young woman, most of the community, Black and White, are upset because of the perception that the Hate Crime law is not being applied right away. The misunderstanding of the impact of this, without knowing the details and impact of such a charge, is causing raging debates, all over the nation.

Violating West Virginia Hate Crime laws may only result in a maximum sentenceof 10 years. Conversely, if the Prosecution is able to argue for the crimes of kidnapping and sexual assault, the alleged perpetrators could be convicted of sentences up to life for the kidnapping and 35 years to life for the sexual assault charge.Arguably, after pursuing the higher sentences, the Hate Crime laws could be applied on top of the other charges, but, if the Hate Crime is charged first, then the ultimate sentencing may be for the lesser period of time, a maximum of 10 years for the Hate Crime. Sound familiar? It's like confronting the sad reality, again, that minority drug users can be (and are often) sentenced to jail terms up to eight (8) times longer than those who are convicted of murder. Why is that? Why are the crimes perpetrated by people of color so much more harshly penalized than those our nation labels, outright, as ‘capital' crimes, designated for the most stringent punishments in our culture? Why are the crimes against people of color so minimally punished, as if we are so greatly de-valued? Why is it that some things just don't change?

What does it say about the worth of a Black man's life or a Black woman's personal safety and virtue that violators of these people's rights, privileges and whole futures receive a lesser punishment for such crimes than our judicial system deems warranted for conviction of drug possession? Why not just kill a Black man or rape a Black woman when you know your ‘hatred' will merit minimal sanction and relatively little time lost in your whole life? Sounds like the turn of the 20th century, in the early to mid 1900's where hanging a Black man was hardly considered a crime at all, but, was an occasion for picnickers to ‘view' the lynchings. No serious sanctions, no serious change. The cancer continues to grow.

And what about Jena 6? Does that remind us of Alabama in the 50's and 60's?

Hmm-- Some things just don't change…



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