This week, I have decided to take a step back from my normal posts on false convictions and exonerations and focus on a different aspect of the psychosocial influences on criminal behavior: racial hate crimes. In a recent article published in the Washington Post, a large outcry was made by activists in such organizations as the Nation of Islam, the New Black Panthers and the NAACP (see left) in regards to a slaying of a black man, Brandon McClelland, in Paris, Texas. According to the crime reports, McClelland was en route with his two white friends in a pickup truck when an argument sent him on foot, walking home. His death was a result of his two accused friends running him down and dragging his body for about 70 feet beneath their pickup truck. Activists have voiced their strong concerns that the death of McClelland was a result of a racial hate crime whereas authorities claim that there is much doubt and little evidence to support such claims. Hence, the controversy and debate spurs from the question of whether or not this case, or similar cases, should be viewed as a hate crime.According to a release by the Community Relations Service, a division of the U.S. Department of Justice, a hate crime is defined as "violence of intolerance and bigotry, intended to hurt and intimidate someone because of their race, ethnicity, national origin, religious, sexual orientation, or disability." Such an act is used as a weapon to instill fear, helplessness and vulnerability to the victim through a flurry of explosives, arson, weapons, vandalism, physical violence, verbal threats and the like. The 1995 Uniform Crime Report released by the FBI, there were 7,947 reported incidents of hate crimes, 2,988 of which were anti-black. Additionally, of the 8,433 known offenders, 59% were white and 27% were black. Additionally, in an article published in Law and Human Behavior entitled "'So, What's a Hate Crime Anyway?' Young Adults' Perceptions of Hate Crimes, Victims, and Perpetrators," Kellina M.
Craig and Craig R. Waldo identify that hate crimes inflict greater individual and societal harm than violent crimes because they are more emotionally charged and are thus more likely to provoke community unrest and retaliatory crimes. The case of Brandon McClelland has indeed met the societal standards of a hate crime, with the black community in Paris infuriated and demanding justice in light of this demonstration of an emotionally charged crime. Also, this can easily fall into the the category of hate crimes as demonstrated by the 1995 FBI statistics and 2006 statistics, as seen to the right. The report overwhelmingly favors the occurrence of hate crimes against blacks by white offenders, demonstrating that their protests are not particularly out of the question. Regardless, there is still a very strong argument to demonstrate that the events of the McClelland case had very little indication of a racial hate crime.The exceptional circumstances surrounding this case become the root for much conflicting argument. One of the accused, Shannon Keith Finley, had previously plead guilty to manslaughter after McClelland plead guilty to perjury for providing a false alibi for him. The fact that McClelland was friends with both of the accused muddies the claim of a hate crime. Also, during his time in prison, there was little evidence of Finley joining a white-supremacist gang and a spokesman for the Lamar County District Attorney's office indicated that there was not much to suppose any racial motivation in the crime. According to the American Psychological Association's paper, hate crimes differ from other crimes in that the offender commits the act as a message to members of a particular group that they are unwelcome. In this case, there has been no indication of Finley or the other accused sharing in these sentiments. Contrastingly, Finley's tattoos showed evidence of him being a member of a Paris gang with both black and white members, portraying quite the opposite image expected in a hate crime conviction. Regardless, protests still ran strong, making strong claims of racism and calling the events a "copycat" of the 1998 James Byrd case. It's quite clear that the claims of a hate crime having occurred are not supported by much physical evidence and the case is open to much interpretation in either direction. Because of this lack of tangible evidence, it would not be out of the question to believe that this may have been another issue of individuals with already active criminal records not necessarily committing a hate crime but a violent crime. Although they are being persecuted by the general public, law enforcement officials are justified in their argument that there is a strong possibility that a racial hate crime has not occurred.
In another light, although physical evidence may not be present, there is still circumstantial evidence leaning towards the occurrence of a hate crime. Aside from hate crimes being highly concentrated towards the black community, this case in particular was located in Paris, Texas, a historically racist community that has seen a number of hate crimes in the past. It then becomes understandable for the community to raise their voices at the recurrent presence of possible racism, particularly in this day and age. The American Psychological Association identifies that hate crimes are not often committed by organized groups, but rather by law-abiding young people in situations which are sometimes fueled by alcohol and drugs. Although this case could easily be seen as just another violent crime, the possibility of it being a hate crime is equally likely, being the actions of two angered and previously violent and convicted young men. Furthermore, it is said that at the time, the three involved were going on a "beer run" at the time of the crime, opening the door to the presence of alcohol into the situation. In any event, there is nothing ruling out the possibility of alcohol. In that situation, regardless of his affiliation with a diverse gang and his friendship with McClelland, Finley and his accomplice, under the influence could just have easily have committed this act with the intent of being a hate crime. With our without physical evidence, the circumstances still leave a large possibility of racism being a key factor in this crime.
The possibility of a hate crime having occurred in the case of Brandon McClelland is still open to investigation, however, there seems to be overwhelming evidence to demonstrate that was, in fact, a driving force in the past events. It is often seen that they occur in locations where negative stereotypes are prevalent. The unchanging nature of these stereotypes leads to underlying racism and degradation, which may not be present in tangible evidence. This, however, does not mean that the racial hate crime has not occurred in such situations. The circumstances alone leave a strong inclination for this case and similar cases to be seen as such, through those committing the act, the location and the events surrounding the act. It would not be wrong to assume that many other hate crime cases have occurred in similar situations, making it reasonable to claim that this crime, as well as those like it, can logically be seen as racial hate crimes.
