Live and Let Die

Though reactions by most college students who view The Laramie Project are likely to be disgust that this could happen in America, the reality is that the “seeds” of prejudice and the attempts to excuse away such despicable behavior also still exist on college campuses. While one would think that by now attempts to promote peaceful coexistence among all – a sort of “live and let live” mentality – would show results, a disturbing trend was reported in the St. Louis Post-Dispatch on Saturday, April 3, 2010, in an article: “Expressions of hate surge on campuses,” namely, that violence and hate speech are again on the rise on college campuses. This flies in the face of those who view college campuses as “enlightened” places. In fact, there remains a pressing need to understand why the attempts to excuse away prejudice and bigotry and hatred are invalid. Amazingly, many of the reasons put forward in the attempted defense for Aaron McKinney in the Matthew Shepard murder are still used by some to excuse behavior that is totally unacceptable. The reality is that while, on occasion, the “reasons” listed below may be mitigating factors, they do NOT provide any kind of defense for violent behavior that injures or kills another human being.

One of the first reasons often cited is that alcohol or drug use renders a person unable to control his or her actions and thus he should not be held accountable. Because a person is inebriated or “high,” society is supposed to accept that whatever the act it isn’t that person’s fault. When Aaron McKinney was interviewed by the police, he stated: “I don’t know what happened. I blacked out. I felt possessed. It was like I left my body. It’s like I could see what was going on, but someone else was doing it.” However, the bartender reported that neither one of them were intoxicated. He also stated that Matthew did not approach them. The testimony of McKinney’s girlfriend contradicted the claim as well when she reported that “she did not see any signs that McKinney had been using drugs that night.”

But drug and alcohol intoxication is not itself a defense for committing a crime. While either “can be used to raise reasonable doubt about a specific intent that is an integral element of some crimes…intoxication is no excuse for committing a crime.” This debate actually has gone on for centuries as to whether intoxication should partially excuse or increase the gravity of the crime. For example, Aristotle thought the penalty for a crime committed while intoxicated should be doubled “since in addition to the crime, the intoxicated individual was setting a bad example for others.” If someone has a problem of abusing drugs or alcohol, society must provide the means to help that individual long before someone else pays the price.

A second attempted excuse if that somehow it was the victim’s fault because of something they did or who they are caused the perpetrator to act. Dion Custis, defense attorney for McKinney, stated: “The fact is Matthew Shepard made an advance. It’s something Aaron McKinney responded to. The emotional aspect and state of mind is the defense, as it pertains to premeditated murder.” In fact, McKinney claimed that they “wanted to teach him a lesson” and that was good enough as a basis for carrying out this hate crime. The town’s mentality supposedly was “live and let live” but in reality it was “live as I live or I have a problem with you.” Astonishingly McKinney in a call to a local radio station while in jail made the argument that his “disgust for homosexuals was exactly the motive for the brutal attack.”

Closely related to “the victim deserved it” is the “Gay Panic” defense. The defense
attorneys argued “his (McKinney’s) sexually confusing history forged the primary catalyst” for the attack. Tangeman argued that Shepard had provoked the attack “with a humiliating sexual advance that sent McKinney into five minutes of emotional rage and chaos.” He revelaed McKinney’s history of homosexual experiences, including forced oral sex at age 7 and consensual gay sex at 15.” The defense actually claimed that Shepard, who was savagely beaten, tied to a fence and left to die, was the aggressor and that his actions caused McKinney to go into a rage. The reality was far different as testified to by the employees of the bar who said Henderson and McKinney approached Shepard and that they had previously agreed to rob Shepard. Also, the “gay panic defense” is a concept that does not exist in statute law. It is simply an attempt by a defendant to “win sympathy from the jury by characterizing the victim as a homosexual predator and by demonstrating that the defendant found the advances so repugnant that he resorted to violence.” Fortunately, this defense strategy while effective in the past is less so today. As Beatrice Dohrn, the legal director of the Lambda Legal Defense and Education Fund, noted: “lawyers historically could win lighter sentences, even acquittals, for people accused of violent crimes against gays simply by playing to a jury’s homophobic bias. But as Americans have grown more accepting of gay men…defense lawyers are finding that they can no longer expect the response of juries to be based purely on prejudice.”

So what is to be done? What role can colleges and universities play to better equip their graduates to put an end to the “live and let die” mentality built on hatred and prejudice. Several key responses are indicated. First, and perhaps most obvious, there is a need for tolerance, not only in words but in actions. There is little doubt that McKinney’s intolerance and hatred of gays played a major role in the savage death of Matthew Shepard. There was no real remorse. McKinney stated in court: “I really don’t know what to say other than that I’m truly sorry to the entire Shepard family. Never will a day go by I won’t be ashamed for what I have done.” However, in the film, The Laramie Project, the judge stated that he did not believe that McKinney was truly sorry and did not believe the statement McKinney had made was deeply felt or that he actually believed what he said.

Society needs to take a stand against such hatred and prejudice. Part of a solution certainly is better education early on concerning differences and acceptance. We all need to be more vocal in support of those who are victims of prejudice and hate. As mentioned before, we need to help people who have abuse issues whether that be drug or alcohol since that can provide the “fuel” for intolerable acts.

Secondly, personal responsibility must be taught. Such seems to go against our innate human nature. The tendency is to blame others and to not accept personal responsibility. The defense in this case was built on “factors” – alcohol, drugs, past abuse, victim as “real aggressor” and the like – all of which were supposed to somehow lessen the viciousness and stark reality of what McKinney had done. But the time to blame others must be over! Each of us must take our stand for others!