Thoughts on Welda and Hate Crimes

I wanted to comment briefly on one of the cases recently accepted by the Wisconsin Supreme Court, as reported here by Jessica Slavin.

In State v. Welda, the court will consider the application of the hate crime penalty enhancer set forth in § 939.645(1) providing for increased penalties where the state can prove that a defendant “[i]ntentionally select[ed] the person against whom the crime . . . is committed . . . in whole or in part because of the actor’s belief or perception regarding the race . . . of that person . . . .”

Without getting into the distasteful detail, the defendants were convicted of disorderly conduct arising out of what seems to be an argument with some African-American passers-by who objected to the defendants’ repeated use of the n-word.

There are some not very interesting (and not particularly powerful) arguments that the comments were not directed to the African-American complainants.

But there are three things that I think merit comment.

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A Heartbreaker Named Detroit

As a native Milwaukeean, Detroit breaks my heart. There are just a few cities that you can go to that you remind you of home. Chicago and Cleveland are the big two. Cincinnati is reminiscent, but a bit too southern. Detroit — or what used to be left of Detroit — was another. (Minneapolis is an entirely different kind of place.)

So pieces like Matt LaBash’s recent cover piece for the Weekly Standard disturb me. Websites like this one are fascinating and frightening chronicles of how bad urban decay can get. I have always thought that a conservatism that has no concern for places like the inner-city of Detroit is not a conservatism that I want to be part of.

But one cannot, I think, make a great city by litigation or subsidy. Here in Milwaukee, the ACLU has filed a complaint with the Federal Department of Transportation alleging that actions of the Wisconsin Department of Transportation in approving the certain aspects of the reconstruction of I-94, including the partial closure of a city interchange and the construction of a new suburban interchange, violate the anti-discrimination provisions of Title VI and its implementing regulations. It also complains of a decision to widen the freeway (which runs through the city) from six to eight lanes instead of using the money for commuter rail.

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Wisconsin Supreme Court Accepts Three More Cases

Supreme Court sealThe Wisconsin Supreme Court recently voted to accept review in three more cases, one criminal case and two civil ones.

The criminal case is State v. Popke, 2008AP446-CR. From the court’s website, “A decision by the Supreme Court could clarify if a momentary crossing of the center line creates probable cause to believe that a motorist has failed to drive on the right side of the roadway, as required by Wis. Stat. § 346.05. Alternatively, the court may provide further guidance as to what driving conduct a police officer must observe in order to create a reasonable suspicion of an OWI violation. From Waupaca County.”

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