U. Wisconsin Hillel highlights hate crimes with mock trial
Thursday, November 30, 2000 07:52 PM EST
MADISON, Wis., Nov 30, 2000 (The Daily Cardinal, U-WIRE via COMTEX) -- A
21-year-old University of Wisconsin-Madison student was on trial for a hate
crime Wednesday. He was alleged to have been outside of a Lesbian Gay Bisexual
Transgender dance at Memorial Union where a fight broke out, apparently
motivated by prejudice against gays.
This was the scenario presented at Hillel's Hate Crime Mock Trial, an exercise
to promote awareness of prejudice and hate crimes. This is the third mock trial
that Hillel has organized as a means of promoting awareness of hate crimes.
"(The mock trials) were originally designed to put issues of social importance
up for discussion," Hillel adviser Lauren Bloom said.
The defendant was on trial for both battery and a hate-crime enhancer, which
would intensify a verdict based on the crime's prejudicial nature. The scenario
was intentionally set up so that the focus would remain on the question of hate
crimes.
"A hate crime is a crime motivated because of race, sexual preference,
ethnicity, etc.," said Andrzej Pease, who played the police officer on the
scene. "It's not based on the race or sexual preference of the victim, but on
the perception of their race or sexual preference."
The jury decided on a unanimous conviction of battery, but when it came to the
hate crime enhancer they were split five-to-four in favor of no enhancer.
"We have to determine if the defendant was even partially motivated by
prejudice, if 1 percent was based on homophobia, even if 99 wasn't, he is guilty
of a hate crime, according to Wisconsin state law," jury member Kevin Otten
said.
Determining what is a hate crime is subject to interpretation, and the trial
exemplified the complications dealt with in a court of law.
"There is a dangerous weakness in the definition of 'hate crime,'" said Marcus
Peterson, who acted as a friend of the defendant. "Perception makes the job of
the prosecution and jury very complicated."
A clear-cut conclusion of this complicated issue was not reached during the
exercise, but the exercise brought it to discussion amongst the students.
"I came because I thought the idea of a mock trial was interesting, and because
it was about hate crimes, which is something I feel very passionate about,"
Otten said. "It was a very valuable experience, because it drew a lot of
attention to issues which people don't talk about, issues which are relevant and
important."
Assistant State Public Defender Mitchell Cooper, who acted as the judge,
emphasized the importance of this issue on campuses today.
"It is a relevant topic, but is particularly relevant on a college campus where
there is more diversity then people have confronted in their (past)
experiences," he said.
He said the issue of hate crimes has pertinent on campus.
"It is relevant particularly at UW-Madison which draws students predominantly
from in-state, where they come from homogenous communities. Some may feel
baffled by diversity and this is a way for them to become more sensitive to the
things around them," he said.
Another trial is scheduled for next semester.
By Alexandra Gekas
dailycardinal.com
(c) 2000 The Daily Cardinal, U. Wisconsin and U-WIRE
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KEYWORD: MADISON, Wis.
SUBJECT CODE: News
Crime On Campus
Gay/Lesbian/Bisexual
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