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Author | Topic: Hate Crimes? Thought Crimes? Crimethink? | |||||||||||||||||||||||||||||||||||||||
Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1 |
Phat writes: Should an action be punished additionally because in the process of committing said action the thoughts behind it were revealed? We do it all the time Phat. A theft involving a lot of planning and thought is punished more than an opportuninist theft. Reckless actions are punished less than deliberate actions. If you deliberately attack a vulnerable person because they're easy targets - elderly, disabled, young, pregnant etc etc - expect to be punished more harshly.Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1
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Jon writes: Impossible? What does that have to do with criminalizing something? Thought crime is a science fiction fantasy - you know, it's not real? We can't do it, so we can't criminalise it. What's more relevant is that we're not doing it.
It's impossible to detect or even be a witch, yet that never stopped many a witch hunt and subsequent execution. Well yes, and 1000 years ago the only punishment for any crime was death and a for a long time after the local baron could do what the hell he liked to his serfs. But we don't do that stuff anymore.
Laws already existed targeting the actions relevant to hate crime laws. It wasn't like someone invented a new way to punch minorities in the face to which the legislature responding by creating special laws dealing with this special way of punching. If you punch a gay chap in the face you get prosecuted for common assault. If you punch a gay chap in the face whilst calling him a fucking filthy fag you get prosecuted for common assault aggravated by the fact that the assault was motivated by a hatred of a particular protected group.
Their only distinction was that they now made it possible for the legal system to consider (and punish based on) the presence of thoughts considered unsettling to the general public. Motives, thoughts, intent - whatever language you'd like to use, the crimes are being punished more harshly because they show traits that society wishes to erradicate, that is, discrimination on religious, sexual and racial grounds. People can have whatever thoughts they like, but the minute they start acting on those thoughts, they're going to find themselves in trouble. Motive and intent has always been a factor in deciding the level of a punishment.
We aren't talking about probing at people's thoughts to determine their degree of responsibility, but about probing at their thoughts do determine if they are 'unacceptable' and that just so we can punish them more severely because we don't like the thoughts. Nope, we don't do that, we punish actions. See aboveJe suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1 |
Jon writes: The difference between a premeditated crime and an opportunistic one is the degree to which we feel the actor to be responsible; Correct
the purpose of determining responsibility is not to correct abhorrent morals, Incorrect. The purpose of law is to signal society's values and to force compliance to them by a system of punishments.
but because we believe as a society that people should be judged for their actions only to the extent to which they are responsible for them. This is a bit garbled - but it's probably correct.
This is not at all like hate crime laws. Yes it it. The introduction of penalties for actions that are motivated by hatred of particular sections of our society which we have decided need special protection because they are at risk, is exactly what law does - protect it's citizens. Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1
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Blue Jay writes: While I agree that the 'slippery slope' arguments are mostly expressions of a person's paranoia, my mind isn't fully comfortable completely dismissing them yet, so allow me to play devil's advocate for a moment. The transgender legislation is interesting. It's pretty hard to imagine circumstances when the pronoun issue would be prosecuted though - it would have to be a deliberate and repeated act, intended to provocate. Although I could see some raving, right-wing Christian idiots wanting to martyr themselves over it. God forbid they ever try to buy a cake! But even so, the law has its heart in the right place, it's trying to ensure that these poor people can live as near normal lives as those of us without these problems and prevent bigotted egits discriminating against and humiliating them. It's really all about the intent of the law and then its application. It's not a problem in itself that laws attempt to change minds.Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1 |
Blue Jay writes: I feel a little back-of-the-brain itch when I see this statement, because this feels like the entire essence of the 'slippery slope' paranoia: they're more concerned with the government trying to control their thoughts than with the technical definition of 'thought crime.' Well 'they' aren't being consistent. All laws attempt to control and change behaviour - law require people to conform to rules of behaviour, or else. Behaviour is driven by thought, so sure, it's the thought police. But only if you really need to be really, really stupid about it. And where is this 'slippery slope' supposed to lead to? The USA has loads of constitutional laws preventing abuse by law enforcers.Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1 |
Blue Jay writes: So, how can I believe that any line-in-the-sand will remain un-smudgeable in the future? Can you explain what this line-in-the-sand is delineating?Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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Tangle Member Posts: 9516 From: UK Joined: Member Rating: 5.1 |
BJ writes: The specific example I'm thinking of is the NYC transgender guidelines, and the implications for free speech. Yes, that one seems a bit bizzarre. It feels like there was a particular incident that the legislators were trying to address. But it seems to me that it would be covered by public order offences - at least it would in the UK. It would be called behaviour likely to cause alarm and distress - nomally a police caution would be enough. But I think the UK is a bit harsher on that sort of 'free speech' stuff than you guys. I doubt whether we'd put up with that outrageous Christian church protesting about gays for instance - Westboro? We don't see why we have to put up with that sort of extreem nastiness.Je suis Charlie. Je suis Ahmed. Je suis Juif. Je suis Parisien. Life, don't talk to me about life - Marvin the Paranoid Android "Science adjusts it's views based on what's observed.Faith is the denial of observation so that Belief can be preserved." - Tim Minchin, in his beat poem, Storm.
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