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#152 Oct 03 2010 at 2:02 PM Rating: Excellent
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Almalieque wrote:
Sir X wrote:
It probably doesn't. In your scenario you killed the man because he was sleeping with your wife, not because he was of a certain ethnicity. It wouldn't be a hate crime regardless of your personal feeling towards the race in question.

In my scenario that I gave, I explicitly said "a racist" came home and saw his wife with another man of another ethnicity vs a guy who came home and saw his wife with a guy of the same ethnicity.

It doesn't matter how much hate he has towards that same person, it's the exact same crime because he wouldn't have killed him if he didn't see him with his wife.
Yes exactly. This is precisely the reason it wouldn't qualify as a hate crime. This is exactly what I said. This is what everyone has said.

Almalieque wrote:
Sir X wrote:
That's the point, the crimes aren't the same. Hate against the generality rather then the specific is the motivator. You seem to be under some sort of impression that all sorts of things are considered hate crimes by the courts when that's pretty much the opposite of true.
The crimes are the same, because hate isn't the motivator. If someone had murderous intent of hatred, then they would be killing random people of ethnicity x all of the time.
Yes you described a hate crime. Good job. A hate crime is one where the hate is the motivator. If the hate isn't the motivator for a crime then it's not a hate crime. A hate crime IS a different crime. It's not the same. That's the point. You seem to be asserting that it's impossible for a crime to be committed where the motivator is a hatred of a certain type of person rather then the person themselves.

Almalieque wrote:
Uglysasquatch wrote:
Almalieque, The Man of Genius wrote:
In my scenario that I gave, I explicitly said "a racist" came home and saw his wife with another man of another ethnicity vs a guy who came home and saw his wife with a guy of the same ethnicity.
In your example, the guy always had the same motive-revenge for sleeping with his wife. The racist just got a little more satisfaction out of the revenge.


That's exactly my point. His motivation was revenge for sleeping with his wife. He wouldn't have attacked that same guy if he saw him walking out of a Quickie Mart.
And that's why your example, as people have said, is not a hate crime. [:boggle:]

You seem to want to dismiss the possibility of a hate crime, but you're just posting examples of situations that are explicitly not hate crimes, so you're not really getting anywhere.
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#153 Oct 03 2010 at 2:37 PM Rating: Good
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Wait is that the same Alma that I noticed all over the Prop 8 thread?

Get out of my thread!
#154Almalieque, Posted: Oct 03 2010 at 2:47 PM, Rating: Sub-Default, (Expand Post) No, you're confused. My point was that the title of a "hate crime" is just additional unnecessary information used by society to show intolerance of hatred and progression of unity.
#155 Oct 03 2010 at 4:42 PM Rating: Excellent
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#156Almalieque, Posted: Oct 03 2010 at 5:01 PM, Rating: Sub-Default, (Expand Post) Hey, you gotta be good at something right?
#157 Oct 03 2010 at 6:13 PM Rating: Good
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FBI wrote:
Defining a Hate Crime
Photograph of firefighter on smoking roof.A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, ethnic origin or sexual orientation." Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.


Here straight from the FBI! Xsarus is right, Alma is a *********
#158 Oct 03 2010 at 6:34 PM Rating: Default
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Hyolith wrote:
FBI wrote:
Defining a Hate Crime
Photograph of firefighter on smoking roof. A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, ethnic origin or sexual orientation." Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.


Here straight from the FBI! Xsarus is right, Alma is a @#%^tard.


Almalieque The All Knowing wrote:
No, you're confused. My point was that the title of a "hate crime" is just additional unnecessary information used by society to show intolerance of hatred and progression of unity.


Almalieque The Edit King wrote:
What I've shown, which you somehow overlooked, is that you can investigate any "Hate crime" and the actual crime is the exact same with the only difference being the hatred inside.



Almalieque The Great, The Wise and all that is known as correct wrote:
I understand the purpose of labeling a crime a "hate crime", but we must remember that the punishment is based on the actual crime and not tag on additional punishments because of someone's hatred.



o.O

I dunno what else to say?
Learn to read?

Edited, Oct 4th 2010 2:50am by Almalieque

Edited, Oct 4th 2010 2:54am by Almalieque
#159 Oct 03 2010 at 7:51 PM Rating: Excellent
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Quote:
For example, you stated that my example of a guy randomly killing people of group x out of hatred is a hate crime, how is that crime any different than a person just randomly killing people who wear hats? The crime is the people that he randomly killed, not if it were hatred filled. For all you know, it could have been a coincidence that all of the victims were of group x or maybe he was "equally" killing everyone by groups. None of that matters in reference to the actual crime.
Motivation and intent matter when investigating and determining penalties for crimes. Apparently you don't like this, but that's still the way it is. In your "twist" of my example if it was a coincidence that he was killing only people from one group then it wouldn't be a hate crime. Again, you use an example of something that clearly isn't a hate crime in order to try and establish that there can't be a hate crime. Doesn't work, sorry.

Quote:
What I've shown, which you somehow overlooked, is that you can investigate any "Hate crime" and the actual crime is the exact same with the only difference being the hatred inside.
But you haven't shown this at all. All you've done is show a few examples of things that are clearly not hate crimes. You went out of your way to show that they weren't hate crimes, and no one was ever saying they were. It's like we're talking about stealing and you keep yelling that someone buying a car is an example of not stealing, and so clearly no one can steal.

Edited, Oct 3rd 2010 8:52pm by Xsarus
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#160 Oct 03 2010 at 9:09 PM Rating: Good
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Almalieque wrote:
I'm open to constructive criticism
I've yet to see that be true.
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#161 Oct 03 2010 at 11:11 PM Rating: Good
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I have frankly yet to see the point of Alma's argument. It doesn't matter what the crime is, murder, premeditated, manslaughter, if there is a hatred or prejudice against the other person, that can be proven then it can or could be considered a hate crime.

I don't know why Alma keeps bringing up **** like killing someone because they don't like the color red. That's assuming everyone is a complete dumbass when it comes to interpreting the law. Everyone knows that it's an injustice against another ethnicity, sexual preference, and religion at least those are probably the main three.

So please...wtf are you trying to get at?
#162 Oct 03 2010 at 11:14 PM Rating: Good
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Almalieque wrote:
Quad wrote:
I guess you're just going to ignore my reply to this exact point that was brought up earlier?


First of all, you can't say anything about anyone ignoring anything. You have yet answered my question that I've asked you at least 6 times in the prop 8 debate.

Second of all, I've read every post on this thread so I fail to understand what you are talking about, but if you are claiming that you agree, then ok.
The difference, of course, being that I gave you an answer which you found "not good enough," and you just ignored my point. I'm not going to go through another game of "STOP IGNORING ME I'M SMART BECAUSE I'M GOING INTO THE MILITARY TO GET MY PHD" with you.
#163 Oct 04 2010 at 5:16 AM Rating: Good
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Hyolith wrote:
I have frankly yet to see the point of Alma's argument. It doesn't matter what the crime is, murder, premeditated, manslaughter, if there is a hatred or prejudice against the other person, that can be proven then it can or could be considered a hate crime.

I don't know why Alma keeps bringing up sh*t like killing someone because they don't like the color red. That's assuming everyone is a complete dumbass when it comes to interpreting the law. Everyone knows that it's an injustice against another ethnicity, sexual preference, and religion at least those are probably the main three.

So please...wtf are you trying to get at?


One word: obtuse.
#164 Oct 04 2010 at 5:24 AM Rating: Default
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Hyolith wrote:
I have frankly yet to see the point of Alma's argument. It doesn't matter what the crime is, murder, premeditated, manslaughter, if there is a hatred or prejudice against the other person, that can be proven then it can or could be considered a hate crime.

I don't know why Alma keeps bringing up sh*t like killing someone because they don't like the color red. That's assuming everyone is a complete dumbass when it comes to interpreting the law. Everyone knows that it's an injustice against another ethnicity, sexual preference, and religion at least those are probably the main three.

So please...wtf are you trying to get at?


I believe Alma is trying to say, in his own verbose way, that crimes should be punished without motivation taken into account. Which is assinine, of course.
#165 Oct 04 2010 at 11:20 AM Rating: Good
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I think I actually get the point that he's trying to make. I don't think it's far off from the one that I put forward before, which everyone pretty much ignored.

I highly doubt that he's trying to literally say that examples of "hating people who like the color red" are hate crimes under the current definition of the law. Rather, he's probably arguing that objectively, there is no reason that the categories that fall under hate crime legislation (race, sexuality, etc.) should be considered any different than any other quality about a victim.

If it is a hate crime to kill somebody because you hate their race, it should be a hate crime to kill somebody because you don't like the cut of his jib. Because if it is not, the law itself is ethically wrong. It arbitrarily sets a hierarchy of victims...hate against one type is worse than hate against another type.

@ Xsarus: You argue that motivation and intent dictate punishment. They do, but only insofar as they separate things like manslaughter from murder, 2nd degree murder from 1st degree murder, etc. etc. Key factors being things like premeditation, level of violence, and things like that. I believe that those separations are legitimate ones. I do not believe that those defining what is and isn't a hate crime are legitimate.

I'll bring up the example that I used before:

I wrote:
What about a man who specifically killed a homeless person, because he hates homeless people? Compare him to a man who killed a homosexual, because he hates homosexuals. Hypothetically speaking, both are equally likely to kill again after serving their sentence. One is not a hate crime. The other is. One man's sentence is longer.


It is an analogous situation, with one key difference: one victim is homosexual. I am asking: why can we provide extra protection under the law for one victim, and not the other? It violates the 14th amendment.


Edited, Oct 4th 2010 1:24pm by Eske
#166 Oct 04 2010 at 11:45 AM Rating: Excellent
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You could make the argument that someone who goes around targeting homeless people is engaged in a hate crime. Is there any reason someone couldn't? I don't think there is any law in place that says hate crimes are only against this specific list of people.

Edited, Oct 4th 2010 12:46pm by Xsarus
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#167 Oct 04 2010 at 11:51 AM Rating: Good
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Sir Xsarus wrote:
You could make the argument that someone who goes around targeting homeless people is engaged in a hate crime. Is there any reason someone couldn't? I don't think there is any law in place that says hate crimes are only against this specific list of people.

Edited, Oct 4th 2010 12:46pm by Xsarus


Here is the US version, via wikipedia:

Quote:
Defined in the 1999 National Crime Victim Survey, "A hate crime is a criminal offense. In the United States federal prosecution is possible for hate crimes committed on the basis of a person's race, religion, or nation origin when engaging in a federally protected activity." In 2009, the Matthew Shepard Act added perceived gender, gender identity, sexual orientation, and disability to the federal definition, and dropped the prerequisite that the victim be engaging in a federally-protected activity.
#168 Oct 04 2010 at 2:36 PM Rating: Default
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Sir Xsarus wrote:
ALmalieque, The most admirable wrote:
For example, you stated that my example of a guy randomly killing people of group x out of hatred is a hate crime, how is that crime any different than a person just randomly killing people who wear hats? The crime is the people that he randomly killed, not if it were hatred filled. For all you know, it could have been a coincidence that all of the victims were of group x or maybe he was "equally" killing everyone by groups. None of that matters in reference to the actual crime.
Motivation and intent matter when investigating and determining penalties for crimes. Apparently you don't like this, but that's still the way it is. In your "twist" of my example if it was a coincidence that he was killing only people from one group then it wouldn't be a hate crime. Again, you use an example of something that clearly isn't a hate crime in order to try and establish that there can't be a hate crime. Doesn't work, sorry.

ALmalieque THe man of the hour wrote:
What I've shown, which you somehow overlooked, is that you can investigate any "Hate crime" and the actual crime is the exact same with the only difference being the hatred inside.
But you haven't shown this at all. All you've done is show a few examples of things that are clearly not hate crimes. You went out of your way to show that they weren't hate crimes, and no one was ever saying they were. It's like we're talking about stealing and you keep yelling that someone buying a car is an example of not stealing, and so clearly no one can steal.

Edited, Oct 3rd 2010 8:52pm by Xsarus


Do you or do you not agree with the FBI addition that Hyolith provided? Yes or No? If you do, then there is no need for further discussion. The FBI stated in that definition that a hate crime is a regular crime with hatred being the motive and that distinction is only made for statistical purposes only.

Hyolith wrote:
I have frankly yet to see the point of Alma's argument. It doesn't matter what the crime is, murder, premeditated, manslaughter, if there is a hatred or prejudice against the other person, that can be proven then it can or could be considered a hate crime.

I don't know why Alma keeps bringing up sh*t like killing someone because they don't like the color red. That's assuming everyone is a complete dumbass when it comes to interpreting the law. Everyone knows that it's an injustice against another ethnicity, sexual preference, and religion at least those are probably the main three.

So please...wtf are you trying to get at?


It has become apparent that you are just another idiot who jumped on the bandwagon of making fun of me with no understanding of what is going on. Not only did you post a definition that completely supported my claim, I even bold the parts of the definition and gave you the corresponding excerpts of my post to show the equivalence. So, if you still claim that you don't understand my point, that's a personal problem.

Quadkit wrote:
The difference, of course, being that I gave you an answer which you found "not good enough," and you just ignored my point. I'm not going to go through another game of "STOP IGNORING ME I'M SMART BECAUSE I'M GOING INTO THE MILITARY TO GET MY PHD" with you.


WTFRU talking about? I asked you a question and you blatantly ignored it because you knew it would take away from your argument in the prop 8 debate. Now, you claimed that I ignored something that was relevant to my post, I'm simply asking you what part of that post was ignored because I read everything.

Eske wrote:
I highly doubt that he's trying to literally say that examples of "hating people who like the color red" are hate crimes under the current definition of the law. Rather, he's probably arguing that objectively, there is no reason that the categories that fall under hate crime legislation (race, sexuality, etc.) should be considered any different than any other quality about a victim.


THIS..

I thought I made that clear with the "Sunday crime" example. There is no reason to label crimes done on Sunday as a "Sunday crime" because it gives off the perception that somehow Sunday crimes are different than crimes done on any other day of the week, when in fact, it's the same crime.
#169 Oct 04 2010 at 3:33 PM Rating: Good
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Quote:
I thought I made that clear with the "Sunday crime" example. There is no reason to label crimes done on Sunday as a "Sunday crime" because it gives off the perception that somehow Sunday crimes are different than crimes done on any other day of the week, when in fact, it's the same crime.


You can sit there and claim there is no reason to. Some people might believe you, other people won't. The simple fact of the matter is that is it against the law no matter how you want to look at. In a society where slavery was once allowed they are trying to get the point across that hatred and prejudice against other races and such will not be tolerated.

And as some people have stated there is probably a higher chance of a repeat offender when it comes to hate crimes. If they have a more severe punishment it will put them away longer, preventing some needless killing to a certain group.
#170 Oct 04 2010 at 3:51 PM Rating: Default
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Hyolith wrote:
ALmalieque the who? wrote:
I thought I made that clear with the "Sunday crime" example. There is no reason to label crimes done on Sunday as a "Sunday crime" because it gives off the perception that somehow Sunday crimes are different than crimes done on any other day of the week, when in fact, it's the same crime.


You can sit there and claim there is no reason to. Some people might believe you, other people won't. The simple fact of the matter is that is it against the law no matter how you want to look at. In a society where slavery was once allowed they are trying to get the point across that hatred and prejudice against other races and such will not be tolerated.

And as some people have stated there is probably a higher chance of a repeat offender when it comes to hate crimes. If they have a more severe punishment it will put them away longer, preventing some needless killing to a certain group.


The FBI quote from you wrote:
Defining a Hate Crime
Photograph of firefighter on smoking roof. A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, Congress has defined a hate crime as a "criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, ethnic origin or sexual orientation." Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.



Seriously, take a second to read, especially your own quote. Hate is not against the law, the distinction is done for statistical purposes. So, unless you're gathering statistics, there is no need to make that distinction. By doing so, you're implying that there is some sort of an hierarchy.
#171 Oct 04 2010 at 3:54 PM Rating: Good
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I don't think you realize how an hate crime affects an community, wither it be racial, sexual, gender or disable the problem with saying it just the same, is not seeing why we might need a separate law against hate crimes.

Hate crimes are meant to create fear in a group, because they are more likely to find themselves a victim due to something they can't change about themselves.

If Matthew Shepard had just been another Heterosexual guy at the bar, he may have died to any normal reason someone becomes a victim of murder. What rises his murder to a hate crime is that his murders wanted to make sure guy men got a message, that they were not welcome at the same place the murders go for drinks and picking up women.

It's the same when a black made is dragged behind a pickup truck or lynched. The act is to cause fear to any black person who stands up for themselves.

I have a personal stake in this too though for one of my close friends was murder walking home from a bar were they had gone for years after work for a drink. Their killer had gone on a crime spree that day starting with 2 random car jackings and beating a man with a 2 by 4 during a robbery, this was getting reported before the evening news, when on came breaking news that 4 young adults that by now the police were looking, for had shot someone who was transgender.

Why robbery could be shown as the motive for the other 3 crimes, they had not rob Tracy, haven driven off in the car they stole leaving Tracy to die just a block from their home, The same home were my girls would stay while visiting their father, for a few months while she live with Tracy.

In court it was proven to be a hate crime, by the statements the 4 gave, when caught later that evening in the hotel room they holed up in.

I wasn't sure who was killed, when it was first reported that evening, but my daughters and I watch in fear, knowing that it was most likely someone we knew. Back then we knew just about every out transgender person in the area, and it could have been their father. That's the fear the murders wanted to create and got that day. It's a fear my family has to live with, since my ex is more likely to become a victim of random violent crime due to hate of anyone being different from the "Norm."
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#172 Oct 04 2010 at 4:11 PM Rating: Excellent
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Wouldn't the guy that's killing the homeless people be considered a serial killer if he does it more than once? Wouldn't that be even more serious an offense than a hate crime? I'm asking because I don't know for sure and I'm far too lazy to research it myself.
#173 Oct 04 2010 at 4:18 PM Rating: Good
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Nadenu wrote:
Wouldn't the guy that's killing the homeless people be considered a serial killer if he does it more than once? Wouldn't that be even more serious an offense than a hate crime? I'm asking because I don't know for sure and I'm far too lazy to research it myself.


I wrote:
What about a man who specifically killed a homeless person, because he hates homeless people? Compare him to a man who killed a homosexual, because he hates homosexuals. Hypothetically speaking, both are equally likely to kill again after serving their sentence. One is not a hate crime. The other is. One man's sentence is longer.


I was using the singular, if this was indeed what you're referring to. I'm specifically using an example where all factors are the same other than the victim, including amount of people killed. Of course, if we're comparing someone who killed multiple homeless people to someone who killed multiple homosexual people, it'd be the same thing again. The latter would have a larger sentence, on account of being guilty of multiple hate crimes.

Not that it would really matter in practicality in that case...they'd both be in for life either way.

Edited, Oct 4th 2010 6:20pm by Eske
#174 Oct 04 2010 at 4:32 PM Rating: Good
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Nadenu wrote:
Wouldn't the guy that's killing the homeless people be considered a serial killer if he does it more than once? Wouldn't that be even more serious an offense than a hate crime? I'm asking because I don't know for sure and I'm far too lazy to research it myself.


Hate crimes, as they are currently built, are essentially a modifier onto an existing criminal act.

IE, stab a random dude and you get put in jail for stabbing a guy, Stab a clown because you really hate clowns and wish they were all exterminated and you get a multiplier on the sentence for stabbing a guy.

Any competent lawyer should be able to get around the 'hate crime' component, assuming their client is not a willful and complete moron. Ie, goes on the stand and says "We'll I didn't have a problem with him personally, but all clowns are a scourge upon the earth and must be eradicated."

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#175 Oct 04 2010 at 4:36 PM Rating: Good
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ElneClare wrote:
I don't think you realize how an hate crime affects an community, wither it be racial, sexual, gender or disable the problem with saying it just the same, is not seeing why we might need a separate law against hate crimes.

Hate crimes are meant to create fear in a group, because they are more likely to find themselves a victim due to something they can't change about themselves.

If Matthew Shepard had just been another Heterosexual guy at the bar, he may have died to any normal reason someone becomes a victim of murder. What rises his murder to a hate crime is that his murders wanted to make sure guy men got a message, that they were not welcome at the same place the murders go for drinks and picking up women.

It's the same when a black made is dragged behind a pickup truck or lynched. The act is to cause fear to any black person who stands up for themselves.

I have a personal stake in this too though for one of my close friends was murder walking home from a bar were they had gone for years after work for a drink. Their killer had gone on a crime spree that day starting with 2 random car jackings and beating a man with a 2 by 4 during a robbery, this was getting reported before the evening news, when on came breaking news that 4 young adults that by now the police were looking, for had shot someone who was transgender.

Why robbery could be shown as the motive for the other 3 crimes, they had not rob Tracy, haven driven off in the car they stole leaving Tracy to die just a block from their home, The same home were my girls would stay while visiting their father, for a few months while she live with Tracy.

In court it was proven to be a hate crime, by the statements the 4 gave, when caught later that evening in the hotel room they holed up in.

I wasn't sure who was killed, when it was first reported that evening, but my daughters and I watch in fear, knowing that it was most likely someone we knew. Back then we knew just about every out transgender person in the area, and it could have been their father. That's the fear the murders wanted to create and got that day. It's a fear my family has to live with, since my ex is more likely to become a victim of random violent crime due to hate of anyone being different from the "Norm."


I'm sorry to hear about the story. Smiley: frown

Apologies for going right back after you after hearing it, but that doesn't legitimize hate crime laws. Kavekk brought up the idea that hate crime laws were in place "because hate crime is designed to spread fear among the targeted group" already. But turns out that isn't actually part of hate crime legislation: you don't have to prove that the crime was "designed to spread fear" at all. In a given case, that might not even be a driving motivation of the criminal; it wouldn't matter, because it's a hate crime either way.

If your anecdote was about a homeless person that you knew instead of a transgender, then it wouldn't be a hate crime. Why is that fair?

As I see it, if people want larger sentences for crimes against a particular type of person, then that's fine, but they'd have to apply across the board.

There should not be a hierarchy based on type of victim. It violates "equal protection under the law."

Edited, Oct 4th 2010 6:36pm by Eske
#176 Oct 04 2010 at 4:48 PM Rating: Good
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Eske, Star Breaker wrote:
ElneClare wrote:
I don't think you realize how an hate crime affects an community, wither it be racial, sexual, gender or disable the problem with saying it just the same, is not seeing why we might need a separate law against hate crimes.

Hate crimes are meant to create fear in a group, because they are more likely to find themselves a victim due to something they can't change about themselves.

If Matthew Shepard had just been another Heterosexual guy at the bar, he may have died to any normal reason someone becomes a victim of murder. What rises his murder to a hate crime is that his murders wanted to make sure guy men got a message, that they were not welcome at the same place the murders go for drinks and picking up women.

It's the same when a black made is dragged behind a pickup truck or lynched. The act is to cause fear to any black person who stands up for themselves.

I have a personal stake in this too though for one of my close friends was murder walking home from a bar were they had gone for years after work for a drink. Their killer had gone on a crime spree that day starting with 2 random car jackings and beating a man with a 2 by 4 during a robbery, this was getting reported before the evening news, when on came breaking news that 4 young adults that by now the police were looking, for had shot someone who was transgender.

Why robbery could be shown as the motive for the other 3 crimes, they had not rob Tracy, haven driven off in the car they stole leaving Tracy to die just a block from their home, The same home were my girls would stay while visiting their father, for a few months while she live with Tracy.

In court it was proven to be a hate crime, by the statements the 4 gave, when caught later that evening in the hotel room they holed up in.

I wasn't sure who was killed, when it was first reported that evening, but my daughters and I watch in fear, knowing that it was most likely someone we knew. Back then we knew just about every out transgender person in the area, and it could have been their father. That's the fear the murders wanted to create and got that day. It's a fear my family has to live with, since my ex is more likely to become a victim of random violent crime due to hate of anyone being different from the "Norm."


I'm sorry to hear about the story. Smiley: frown

Apologies for going right back after you after hearing it, but that doesn't legitimize hate crime laws. Kavekk brought up the idea that hate crime laws were in place "because hate crime is designed to spread fear among the targeted group" already. But turns out that isn't actually part of hate crime legislation: you don't have to prove that the crime was "designed to spread fear" at all. In a given case, that might not even be a driving motivation of the criminal; it wouldn't matter, because it's a hate crime either way.

If your anecdote was about a homeless person that you knew instead of a transgender, then it wouldn't be a hate crime. Why is that fair?

As I see it, if people want larger sentences for crimes against a particular type of person, then that's fine, but they'd have to apply across the board.

There should not be a hierarchy based on type of victim. It violates "equal protection under the law."

Edited, Oct 4th 2010 6:36pm by Eske


Honestly, the best way to do this would change the "hate crime" notation to a "terrorism" notation. If the goal of the crime was not the resultant of the crime but rather to spread fear amongst a group or groups of people, we should call it what it is. Terrorism. This would also give law enforcement much more flexibility in using it as a tool, with the groups no longer needing to be connected by some sort of identity cluster, the statutes could be expanded to include things such as a drug dealer who shoots people to keep others in the neighborhood from calling the police, as well as the usual hate crime definitions. Which I think would be ultimately a more useful legal tool.

Edited, Oct 4th 2010 6:50pm by Timelordwho
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