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#102 Oct 01 2010 at 11:07 AM Rating: Good
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Hyolith wrote:
The case is being probed as a hate crime source. Which I agree they should at least be looking into. If it is considered a hate crime then it raises the maximum sentence from 5 years to 10 years in jail.


I would commit a hate crime on hate crimes, I hate them so much.

Punishment should be based on the crime. Not the race or sexuality of the person that the crime is against. To do otherwise promotes the idea that the victims are somehow "different" than the rest of us, and that they deserve more protection under the law. Sentences should never be artificially inflated in this manner.

Edited, Oct 1st 2010 1:09pm by Eske
#103 Oct 01 2010 at 11:23 AM Rating: Good
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I'm actually going to have to agree with gbaji here, sans the portion where minimizes the contributions of societal norms.
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#104 Oct 01 2010 at 12:04 PM Rating: Good
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Eske, Star Breaker wrote:
Hyolith wrote:
The case is being probed as a hate crime source. Which I agree they should at least be looking into. If it is considered a hate crime then it raises the maximum sentence from 5 years to 10 years in jail.


I would commit a hate crime on hate crimes, I hate them so much.

Punishment should be based on the crime. Not the race or sexuality of the person that the crime is against. To do otherwise promotes the idea that the victims are somehow "different" than the rest of us, and that they deserve more protection under the law. Sentences should never be artificially inflated in this manner.

Edited, Oct 1st 2010 1:09pm by Eske


I don't really see them as having more protection under the law than the rest of us. I think very rarely do hate crimes ever come into play though, except Matthew Shepard, which I think is well deserving of being called a hate crime. And I believe it's pretty hard to get something to be considered a hate crime. It takes a lot of evidence which I don't think the court will have in the case of Tyler.

I do agree that some crimes should be tried the same for everyone, murder, for example. I have watched plenty of like "world's youngest criminals" and it's sickening how they let some of these kids off with all different kinds of sentences. They play the "they are too young to know what they are doing," but I definitely call BS. I'm pretty sure it takes knowing what your doing to kill someone. But this is a whole other topic.
#105 Oct 01 2010 at 3:54 PM Rating: Default
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Eske, Star Breaker wrote:
I vehemently oppose the idea of hate crimes, but that doesn't make Shadow any less of an idiot.

Shadow wrote:
As a matter of fact, the only hatred in this thread is being aimed at me probably because I'm impartial.


Oh my god...I think he's Alma.

Edited, Sep 30th 2010 7:06pm by Eske


I don't 100% agree with shadow, but he is right that you will attack anyone who doesn't support some form homosexual anything...

Ironic, I left the asylum a few days to read Shadow's thread on the RDM forum and he we're again lol
#106 Oct 01 2010 at 4:02 PM Rating: Good
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Eske, Star Breaker wrote:
Punishment should be based on the crime. Not the race or sexuality of the person that the crime is against. To do otherwise promotes the idea that the victims are somehow "different" than the rest of us, and that they deserve more protection under the law. Sentences should never be artificially inflated in this manner.

Edited, Oct 1st 2010 1:09pm by Eske


The reason why the hate crime is classified as such is because the victim was specifically chosen because the perpetrators saw the victim as "different" from them. It's not a entitlement to more protection under the law, it's that the law recognizes that when someone commits a crime because of the victim's gender/sexuality/race/etc. that crime is more heinous because it shows a certain mindset of the perpetrator's actions.

Edit to clarify my last sentence. I re-read it and it sounded off. Sorry, legal document review today is killing me.

Edited, Oct 1st 2010 3:09pm by Thumbelyna
#107 Oct 01 2010 at 5:23 PM Rating: Good
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Thumbelyna Quick Hands wrote:
Eske, Star Breaker wrote:
Punishment should be based on the crime. Not the race or sexuality of the person that the crime is against. To do otherwise promotes the idea that the victims are somehow "different" than the rest of us, and that they deserve more protection under the law. Sentences should never be artificially inflated in this manner.

Edited, Oct 1st 2010 1:09pm by Eske


The reason why the hate crime is classified as such is because the victim was specifically chosen because the perpetrators saw the victim as "different" from them. It's not a entitlement to more protection under the law, it's that the law recognizes that when someone commits a crime because of the victim's gender/sexuality/race/etc. that crime is more heinous because it shows a certain mindset of the perpetrator's actions.

Edit to clarify my last sentence. I re-read it and it sounded off. Sorry, legal document review today is killing me.

Edited, Oct 1st 2010 3:09pm by Thumbelyna


Oh, I know. But say I really had it in for plumbers. I hate them, and I go on a tear where I brutally murder 6 plumbers. Or people with brown hair. Or CEO's. Or left-handed people. Why should that be any different? They all show a certain mindset: a driving hatred and irrationality that spurs me to hurt or kill whatever's got my goat. Every comparable crime to a "hate crime" is a hate crime. There isn't any less hate involved if I kill someone because I hate them for stealing my girlfriend, or if I hate them because they're black. Punish based on the crime with an understanding of the motivation; don't punish based on the motivation. Assault is assault. Murder is murder.

Why do we specify race and sexuality minorities? What I think, is that it's a decision that's geared more towards engineering behavior than impartial justice. If the punishments are worse for crimes against those people, then somehow people will be less likely to commit those crimes. I do think that it conveys the idea that those minorities are entitled to more protection: commit a crime against one, and you face far, far greater retribution than against another. I'm sure that isn't the driving mentality behind the laws, but it sure seems to further that idea to me.

I don't agree with that.

PS: I'll push this one even further, just to be controversial. I don't think there should be a distinction if a crime is committed against a child instead of an adult. It's the same thing: social engineering through law. We prefer it if violence is committed against an adult, because we rationalize it by saying that the adult can fight back. But objectively, why does this make the crime any better?

Edited, Oct 1st 2010 7:26pm by Eske
#108 Oct 01 2010 at 5:24 PM Rating: Excellent
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It's more about promoting hate then you hating someone or something generally.

Also your examples rarely if ever happen.

Edited, Oct 1st 2010 6:25pm by Xsarus
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#109 Oct 01 2010 at 5:27 PM Rating: Good
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Sir Xsarus wrote:
It's more about promoting hate then you hating someone or something generally.

Also your examples rarely if ever happen.

Edited, Oct 1st 2010 6:25pm by Xsarus


Hypothetical example is hypothetical.

And isn't any violent crime promoting hate?

Edited, Oct 1st 2010 7:28pm by Eske
#110 Oct 01 2010 at 5:29 PM Rating: Excellent
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It's hypothetical, but the laws and cases we see reflect reality. In reality hate crimes are almost always going to be targeted against specific groups and so that's what we're going to see.

You hating someone and then killing them isn't a hate crime either. It's about hating the generality rather then the specific.
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#111 Oct 01 2010 at 5:31 PM Rating: Good
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Sir Xsarus wrote:
It's hypothetical, but the laws and cases we see reflect reality. In reality hate crimes are almost always going to be targeted against specific groups and so that's what we're going to see.

You hating someone and then killing them isn't a hate crime either. It's about hating the generality rather then the specific.


Why does it matter whether it's generalized or specific? What difference does that make, objectively speaking?

You know, if I were somebody else, reading this thread, I'd attack my argument by saying that all laws are social engineering. Smiley: tongue
#112 Oct 01 2010 at 5:39 PM Rating: Good
What differentiates a hate crime is that it's designed or meant to cause fear among the targeted group.
#113 Oct 01 2010 at 5:41 PM Rating: Good
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Kavekk the Ludicrous wrote:
What differentiates a hate crime is that it's designed or meant to cause fear among the targeted group.


Hmm...is that always true? I thought that to prove a hate crime, you only need prove that the person's race or sexuality was a deciding factor in the decision to commit the crime. I don't think that you have to prove an intent to cause fear among others.
#114 Oct 01 2010 at 5:45 PM Rating: Good
Eske, Star Breaker wrote:
Kavekk the Ludicrous wrote:
What differentiates a hate crime is that it's designed or meant to cause fear among the targeted group.


Hmm...is that always true? I thought that to prove a hate crime, you only need prove that the person's race or sexuality was a deciding factor in the decision to commit the crime. I don't think that you have to prove an intent to cause fear among others.


Yes, that is all you have to prove.
#115 Oct 01 2010 at 7:03 PM Rating: Good
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I think we all need to go watch South Park season 4, ep 1, "Cartman's Silly Hate Crime" which features an enlightening presentation by the boys, entitled "Hate Crimes: A Moral Hypocrisy".
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#116 Oct 01 2010 at 8:54 PM Rating: Decent
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Kavekk the Ludicrous wrote:
Eske, Star Breaker wrote:
Kavekk the Ludicrous wrote:
What differentiates a hate crime is that it's designed or meant to cause fear among the targeted group.


Hmm...is that always true? I thought that to prove a hate crime, you only need prove that the person's race or sexuality was a deciding factor in the decision to commit the crime. I don't think that you have to prove an intent to cause fear among others.


Yes, that is all you have to prove.


So you're agreeing that your statement above is incorrect? Or are you saying that all one needs to prove that a crime is "designed or meant to cause fear among the targeted group" is that the person's race or sexuality was a deciding factor in the decision to commit the crime. Because that would seem to require a bit more support than mere insistence.
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#117 Oct 01 2010 at 9:28 PM Rating: Good
gbaji wrote:
Kavekk the Ludicrous wrote:
Eske, Star Breaker wrote:
Kavekk the Ludicrous wrote:
What differentiates a hate crime is that it's designed or meant to cause fear among the targeted group.


Hmm...is that always true? I thought that to prove a hate crime, you only need prove that the person's race or sexuality was a deciding factor in the decision to commit the crime. I don't think that you have to prove an intent to cause fear among others.


Yes, that is all you have to prove.


So you're agreeing that your statement above is incorrect? Or are you saying that all one needs to prove that a crime is "designed or meant to cause fear among the targeted group" is that the person's race or sexuality was a deciding factor in the decision to commit the crime. Because that would seem to require a bit more support than mere insistence.


Well
#118 Oct 01 2010 at 10:54 PM Rating: Default
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I think the term "hate crime" was created for the purpose to make it appear that society is not tolerating certain behaviors. A crime is a crime, rather the person did the crime out of pure randomness or because of a internal hatred of an entire group, it doesn't matter.
#119 Oct 01 2010 at 10:55 PM Rating: Good
Almalieque wrote:
I think the term "hate crime" was created for the purpose to make it appear that society is not tolerating certain behaviors. A crime is a crime, rather the person did the crime out of pure randomness or because of a internal hatred of an entire group, it doesn't matter.


But it does. It's like racism. It's simply not ok to kill someone because they're African American. To the same token, it's not ok to kill someone because they are gay.
#120 Oct 01 2010 at 11:12 PM Rating: Excellent
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Almalieque wrote:
I think the term "hate crime" was created for the purpose to make it appear that society is not tolerating certain behaviors. A crime is a crime, rather the person did the crime out of pure randomness or because of a internal hatred of an entire group, it doesn't matter.
Hate crimes indicate a systemic problem. We take intent into account when dealing with crimes and systemic crimes are generally put at a higher level. One of the big problems of course is that often if someone hates a group enough to kill random individuals within that group they are also likely to try and promote that view or do it in a way that casts fear onto that group. As such there are certainly cases where it should be dealt with differently or more severely.
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#121 Oct 02 2010 at 7:37 AM Rating: Default
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#122 Oct 02 2010 at 7:43 AM Rating: Excellent
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We already take intent in to account when dealing with crimes, they already affect the duration. Killing someone in a bar fight is a very different charge then intentionally deciding to kill a specific person. Manslaughter vs first degree. Intent matters.

But who cares right? They're both dead.

Edited, Oct 2nd 2010 8:43am by Xsarus
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#123 Oct 02 2010 at 8:04 AM Rating: Good
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#124 Oct 02 2010 at 8:26 AM Rating: Decent
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Sir Xsarus wrote:
We already take intent in to account when dealing with crimes, they already affect the duration. Killing someone in a bar fight is a very different charge then intentionally deciding to kill a specific person. Manslaughter vs first degree. Intent matters.

But who cares right? They're both dead.

Edited, Oct 2nd 2010 8:43am by Xsarus


I didn't say that they were the same, you're making an incomplete comparison. My argument is based on all variables and constants being the same for the exception of the "hate" portion.

So, lets better your example.

Now what's the difference between intentionally deciding to kill a specific person because someone of a different complexion waved at you vs because he waved at you?

What's the difference between killing someone in a bar fight because "He weren't from 'round these parts" vs "he was a different race that weren't from 'round these parts"?

In both scenarios, the type of murder was the exact same. Under your logic, everything other than "complete random crimes" would be listed under a hate crime.

I'm not arguing that the end result of someone dead is the only factor, I'm claiming that if all of the remaining factors are the same, it doesn't change the end result, so they should both be treated the same in terms of punishment
#125 Oct 02 2010 at 8:31 AM Rating: Decent
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Eske wrote:
But wait, it's worse if you kill them because they are black. Or if they're gay. Minorities and gays are more protected under the law.


I hate to break up the chance of us actually agreeing, but I have to disagree on this point.... :(

Hate works both ways, so a "hate crime", as understood, would theoretically apply to everyone. The issue that you see, and are probably referencing to, is that it is usually geared towards minorities and ignored towards the majority.
#126 Oct 02 2010 at 8:43 AM Rating: Good
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Almalieque wrote:
Eske wrote:
But wait, it's worse if you kill them because they are black. Or if they're gay. Minorities and gays are more protected under the law.


I hate to break up the chance of us actually agreeing, but I have to disagree on this point.... :(

Hate works both ways, so a "hate crime", as understood, would theoretically apply to everyone. The issue that you see, and are probably referencing to, is that it is usually geared towards minorities and ignored towards the majority.


I figured that somebody would mention this. I should have elaborated:

Here, I'm referring to how the law works in practicality. Technically, I'm sure that somebody could be convicted of a hate crime against whites or heterosexuals, but I'll be damned if that happens more than once a century.

That aside, I'm still against the technical legislation of a hate crime because it says that say, killing a person because of their race/sexuality is worse than killing someone because of any other aspect about them. If, with hate crime laws aside, the crime is the same crime, then it should be punished the same way. As I said before: Assault is assault. Murder is murder.

So it's wrong in practicality, and it's wrong in theory.

Edited, Oct 2nd 2010 10:44am by Eske

Edited, Oct 2nd 2010 10:46am by Eske
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