Belkira the Tulip wrote:
Eske, Star Breaker wrote:
Twice now I've debunked this. It's just speculation on your part; it's got nothing to do with the letter of the law. I also gave examples to show how "chance to re-offend" and "spreading fear in a group" can apply to groups that are not protected under hate crime legislation.
"Debunked" as in, said that you didn't agree with it and gave reasons?
Mmmm...no, I mean debunked.
Considering that you can be convicted of a hate crime without either showing a likelihood of re-offending or an attempt to spread fear, you can't argue that that's what the law is about. Those things are not in the law. You don't have to do them to be convicted of a hate crime. I think that's more than enough evidence to say that it's either not what the law is about, or it's a complete and utter failure in addressing them. Either way, to argue that it is about them would be objectively wrong.
And again, if this was all about "chance to re-offend" and "spreading fear in a group", then why does it not apply to all groups? That's a rhetorical question.
Belkira wrote:
Eske, Star Breaker wrote:
As Timelord mentioned, I think that creating a terrorism-like law that increases sentences uniformly in cases where the criminal is proven to be attempting to spread fear would be a much more fair system. Wouldn't you agree?
Edited, Oct 6th 2010 2:17pm by Eske
Why would that be any different?
Because it would protect everyone. Not just homosexuals, not just minorities (or if we're getting literal, not just people based on sexuality, not just race). It allows the law to truly do the only legitimate job that it should exist for: protecting
everyone against crimes that are designed to terrorize. If, as you seem to be arguing, that's the point of hate crime laws, then why shouldn't they apply across the board? What possible merit is there to singling out gender, sexuality, and race?
The version of the law that I'm advocating is actually
more powerful. It has broader scope. It can be used in cases of violence against a gender, sexuality, race, or any other quality of a victim, if the intent is to cause fear. I think Timelord's example of a drug lord who kills locals to keep them from reporting his crimes, was very apt.
Xsarus wrote:
Sure, and I don't have a problem with extending the definition, I thought that was clear. Call it terrorism or hate crimes, whatever. I'm sure terrorism would resonate more easily with Americans at least. I think that it should be quite challenging to make a case on this point of law, and currently it is. It would be a problem if it were legally easy to establish.
Why would that be clear?
You stopped responding to me after I made my citation a while back.
Xsarus wrote:
Showing how other crimes can have the same effects or tendencies don't remove the reasons existing hate crime laws exist though.
What? Well first off, I don't know what reasons you're referring to here. The "chance to re-offend" and "attempt to spread fear"? Showing how other crimes can have those same effects is a good way of demonstrating that those aren't what a hate crime is about. If hate crimes are about "chance to re-offend" and "attempt to spread fear", and other crimes do those very things, but are
not hate crimes, then there is an inconsistency. This, in tandem with the fact that such wording isn't even in the law, and that someone can be convicted of a hate crime without doing either, shows that that isn't the reason that hate crimes exist (and that if it was the reason, that it does a ****-poor job of executing it).
So if that isn't the reason that hate crimes exist, then what is? And why does it justify the law? It cannot, as some have mentioned, be because "we view crimes of hate to be particularly heinous." My examples counter that as well. They show that hate crime laws don't apply to all crimes of hate. They only apply to crimes of hate due to sexuality, race, and gender.
If it is, as I believe, about deterring crimes against homosexuals and minorities (and is that really so illogical a conclusion?), then that reason does not suffice. It violates the 14th amendment.
Edited, Oct 6th 2010 3:49pm by Eske