COVID-19 Resources for Lawyers
Your Host
Lee Rawles

Lee Rawles joined the ABA Journal in 2010 as a web producer. She has also worked for the Winston-Salem...

Episode Notes

The Amish religion is a branch of Christianity that adheres to a doctrine of simplicity, nonviolence and forgiveness. How then did a breakaway group come to be implicated in the first federal trial to prosecute religiously motivated hate crimes within the same faith community?

From September to November in 2011, there was series of five attacks against nine Amish victims in Ohio in which their beards or hair were shorn. Some were left bruised and bloodied. Several victims had their homes invaded in the dead of night, while others were lured to a settlement in Bergholz, Ohio, and then attacked. The alleged perpetrators were from a breakaway Amish community in Bergholz, led by a bishop named Samuel Mullet. Some victims were estranged family members of the attackers, while others had crossed Mullet in some way.

State officials called on federal prosecutors to take over the case and to try the alleged perpetrators under the Shepard-Byrd Act, a federal hate crimes law. Sixteen people were charged in the attacks in U.S. v. Miller, including Mullet. The jury found the 10 men and six women guilty of a total of 87 counts out of 90. But how did it come to this?

Donald Kraybill, a professor of Amish studies, was an expert witness in the trial. He has written Renegade Amish: Beard Cutting, Hate Crimes and the Trial of the Bergholz Barbers, to explain the history of the case, and the sociological and religious factors that led to the attacks.

Though the Cincinnati-based 6th U.S. Circuit Court of Appeals overturned the convictions in a 2-1 decision, based on their interpretation of “but for” causation in the 2009 hate-crimes act, they allowed for a retrial.

Kraybill does not think that this will be the end of the case. In this podcast, he shares with the ABA Journal’s Lee Rawles the backstory behind the case; what it was like for him to testify; and what he feels the implications of the 6th Circuit’s decision will be.

Newsletter

Notify me when there’s a new episode!

Episode Details
Published: September 30, 2014
Podcast: ABA Journal: Modern Law Library
Category: Legal News
Podcast
ABA Journal: Modern Law Library
ABA Journal: Modern Law Library

ABA Journal: Modern Law Library features top legal authors and their works.

Listen & Subscribe
Recent Episodes
09/09/20
‘Demagogue’ tells the story of Sen. Joseph McCarthy’s rise and fall

Larry Tye takes an in-depth look at Joseph McCarthy's life, in his book 'Demagogue: The Life and Long Shadow of Senator Joe McCarthy'.

08/26/20
6 key numbers that can diagnose the financial health of your law practice

Brooke Lively discusses her book and breaks down the 6 key numbers that will help you understand the financial health of your law practice.

08/12/20
Convicted of a crime that never occurred? It happens all too often, law prof says

Jessica Henry speaks about some of the strange and heart-rending stories she's uncovered and how the legal community can work towards eliminating such injustices.

07/22/20
How well-meaning social reforms created ‘Prison by Any Other Name’

Maya Schenwar and Victoria Law outline the way that well-meaning movements ended up funneling people into environments where they faced even more scrutiny and...

07/15/20
How feminism worsened mass incarceration–and how it can stop

Aya Gruber talks about unintended consequences of feminist criminal law reforms as well as her personal experience as a public defender.

06/24/20
What does police abolition look like?

Alex S. Vitale explains the troubling origins of modern policing, why commonly suggested reforms like training and increased diversity have not been successful, and...