Elinda wrote:
LockeColeMA wrote:
Elinda wrote:
BrownDuck wrote:
Ambrya wrote:
Pensive the Ludicrous wrote:
Honestly I've never been able to get behind the hate crime ideal. Of course it has some cool practical effects, but as goes the ideal itself, I can't really mentally support it. The motivation of just a subset bothers me. Then again, motivation is kind of important in lots of already present legal distinction. Whatever.
Be still my heart. Pensive and I agree on something.
In theory, hate crime legislation should be everything I believe in. I support the rights of minorities whole-heartedly, and find violence against them abhorrent. But I also find the notion of the thought police equally abhorrent. Yes, "state of mind" is permissible in some legal cases, but heaping on extra punishment not for what someone DID but for what they believe just doesn't sit right with me.
So I guess neither of you believes in anti-discrimination law either, then.
You jumped from one concept to another. Not all crimes are done against someone because of their affiliations. It is treated differently primarily because the crime is done for a different reason. And of course we decide based on motivation. Beating someone because they're black is different than being someone who is attacking another person.
The effect of the hate is the key component. (I know I keep going with assault as a crime, but pretty much any crime can be used). If you beat a person just because they are different than you, there is a negative effect on society as a whole, not just that individual. Murder is worse if you kill a gay man for being gay because it is harmful not just to the dead man but to society as a whole, allowing hatred against a certain type of person to exist. The increased punishment is because such motivation is deemed harmful to society. Murder is still murder. Murder simply because a person is different has a greater effect.
So goes the thinking. You might disagree.
We recently saw a man die to a hate crime for being a government employee, and while that particular case is already a federal crime cuz he was a federal employee it's not classified as a 'hate crime'.
Btw, here is the definition of a hate crime:
Quote:
A hate crime, also known as a bias crime, is a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.
As we've said already, "hate" and "hate crime" is like thinking "global warming" means "global temperatures are rising equivalently all over the world." Hate crimes encompass those that you listed. Things ARE being added to it; for example, sexual orientation and disability were JUST signed in with this act.
As for why the specified hate crimes are in there, here's one quote:
Quote:
Penalty-enhancement hate crime laws are traditionally justified on the grounds that, in Chief Justice Rehnquist's words, "this conduct is thought to inflict greater individual and societal harm.... bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest."
I think I see your point, trying to include more groups in, but you'd have to ask a legislator why domestic violence is less harmful to society than racially motivated violence. Perhaps one day it will be added in. Of course, then it wouldn't really be a "hate" crime; a woman isn't getting beaten (usually) BECAUSE she's a woman. Hate crimes attack the identity of the victims; domestic abuse doesn't necessarily do that. However, if a wife was beaten because her husband is a misogynist, and that's the reason, then it would fall under hate crime laws, IMO.