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Author | Topic: Hate-crime = Thought crime? | |||||||||||||||||||||||
Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes:
Please show me (post and paragraph) where I'm advocating terrorism.Rrhain writes:
No you haven't. All you've done is to keep asserting your wild inference that people who oppose hate-crime laws must also passively support terrorism. Which is total bollocks based only your own prejudice and nothing else.
I've done so already. Multiple times. Rrhain writes:
Of course I did say it, you know I did say it and I will keep saying it. Just because I'm supporting that hate-crime labels detract from the real crime doesn't mean that I'm advocating terrorism, not by any kind of logical inferencing, not by a long shot. Just because YOU are -by sleight of hand- associating hate-crime laws with anti-terrorism laws doesn't mean that MY rejection of one necessitates rejection of the other. YOU are the one making false inferences, YOU are the one who has to deal with YOUR own false conclusions.
But you just did it again in the very post I responded to. You claim that hate crimes laws, which are anti-terrorism laws, "detract from the severity of the crime and shift focus on the race/sexuality/otherness of the victims." Did you or did you not say that? Rrhain writes: When you denigrate hate crimes laws, you are saying that terrorism isn't a crime. ...huh?!...errr......no. when I denigrate hate crimes laws I denigrate hate crimes laws. Period. If you really want to connect my rejection of the validity or necessity of hate-crime laws with advocating terrorism, you'll have to show where I said or implied that people who commit crimes in order to intimidate others shouldn't be punished. Post and paragraph please!
Rrhain writes:
...double huh?!....errr... you're forgetting about the 3000 first-degree murders?... surely you must have heard about this 9/11 thing? some people flew planes into a tall building full of people. Which shows that they intended to kill those people. Which makes it first-degree murder. It's simple really, I don't know why you're all confused about that.
Khalid Sheikh Mohammed should only be charged with consipracy to commit aggravated vandalism, right? OK, maybe accessory to some counts of involuntary manslaughter,.... Rrhain writes:
What's his message got to do with the punishment he should receive? Who the hell cares what his message was? 3000 people died here, surely that's enough to punish anyone many times over. If he was a climate-change activist and his message was a warning to the biggest-polluting nation in the world would it have made anything any better? Would anyone have suffered less, would anyone fear less, would anyone hurt less? He's a mass-murderer, let's try him as one. it's as simple as that.
....but it's not like his actions had anything to do with trying to send a message to everybody else, right? Rrhain writes:
You're falsely trying to associate hate-crimes with terrorism. This is what the UK government defines as hate-crimes:
Because hate crime laws are laws against terrorism. quote: As you can see, you don't have to try to instill terror in order to be accused of a hate crime. Your supposition is just a red herring.
Rrhain writes:
The difference is only one of perception. The motive of the attack makes little difference on the victim. A rape victim feels the same regardless of whether they've been raped because they wore the 'wrong' clothes or because they were the 'wrong' race. What is there to gain by calling it a 'hate-crime' other than alluding some extra significance to the race/religion/sexuality of the victim ?
Because there is a difference between an attack that is focused upon the individual victims and the exact same attack that is carried out on proxies for an entire community. Rrhain writes:
'Terrorism' is a loaded and ambiguous term. If by 'terrorism' you solely mean intending to instill fear in or influence a specific group/community then yes, it is.
Do you think attacking someone as a proxy for everybody else in that class is terrorism or not? Rrhain writes:
No. No crime should be punished for its motive. That would be true even if 'terrorism' had clearly defined boundaries and no political connotations. Which it hasn't. Should an act carried out for the purpose of terrorism be judged more harshly than the identical act when it is only carried out against an individual? "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Straggler writes:
And your perception of the law doesn't reflect the actual law. As I've already shown you, any crime that's considered racially/etc motivated is tagged as a 'hate' crime. No evidence of 'campaign' or 'subjugation' is needed. All it takes is for the individual to claim that it was racially/etc motivated and you will be charged with a 'hate'-crime.
But this doesn't reflect reality. Where there are campaigns of hate conducted by a localised majority in order to subjugate a localised sub-group this needs to be recognised. Straggler writes:
And it's not. There are anti-harassment laws -among others- specifically for such situations. You have to ask yourself: if we already have laws that deal adequately with such incidents, then what's the point of 'hate'-crime laws? They have no practical benefit as far as I can see, they don't alleviate the victim's condition, there's no evidence that they deter the perpetrators, what's the point of having them? They are -at best- an ill-thought out piece of redundant legislation or -at worst- a tool of suppression of the freedom of expression and a weapon against 'incorrect' thinking. If you have other plausible explanations please fee free to put them forward.
The campaign that has the expressed intention of ridding the community of that "abhorrant" facility. This should not just be treated the same as random vandals doing random things. Straggler writes:
Current laws are already acknowledging that without the introduction of 'hate'-crime laws. You're making it sound as if without 'hate'-crime laws people would be running riot beating up their gay neighbours and burning down mosques, which is blatantly false. They are not random vandals. They are not comitting acts of random vandalism. Why would the law not acknowledge that simple evidenced fact? Edited by Legend, : No reason given. "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Straggler writes:
Well let's see : there is an automatic life sentence for murder, minimum three years for third-time burglary, so on so forth. If you think that there is a need for different sentencing for people who commit such crimes motivated by racial or other hatred then you obviously believe that the existing sentences are not enough to deter the perpetrators or future perpetrators. If the laws are the same I don't see your objection beyond inefficiency and paper waste. If the laws do have different efects then there is arguably a need for different laws. So which is it? Are they identical or are they different? So then please explain:(i) why do you think that a racist killer needs to punished more than, say, a contract killer? Is killing because of hatred more 'evil' than killing for money? (ii) if you find current sentencing inadequate and not deterrent enough then why aren't you campaigning for stricter sentencing rather than for introducing 'new' crimes. This way, *everyone* would benefit, not just people who are victimised because of their race or religion. Straggler writes:
Taking motive into consideration in order to establish guilt is fine and I'm not objecting to it. Punishing people for their motive is quite a different thing, as often the motive is no more than the thought/feelings of the perpetrator towards the victim. Now, someone who commits a crime because of race hatred is being already punished for his act, so surely his thoughts should be left alone, no matter how abhorrent they may be, don't you think?
I fail to see how taking motive into consideration is equivalent to convicting people of thought crimes? Straggler writes:
I don't know of any other crimes where the motive is judged and punished, do you? People go down for murder, not for "murder due to jealousy", or "murder due to greed". Punishing the motive, which often consists of the opinion/feelings of the perpetrator towards the victim, is a sinister new step in the history of our judicial and criminal system.
Do you consider all crimes that incorporate intent and motive as key components to be "thought crimes"? Straggler writes:
[sigh]....no, as I've already mentioned at least three times in my replies to Rrhain: Motive is used to show guilt and is not punishable, Intent is used to classify the severity of the crime and is therefore punishable. 'Hate' crime laws are now punishing Motive, on top of Intent.
Motive is a key component in numerous criminal convictions for a wide range of offences. Are you saying that we should entirely remove motive from the legal landscape? Straggler writes:
Yes! You should be free to think whatever you want and express whatever opinion you want without fear that it will be used against you in punishment.
Do you oppose all such legislation on the same grounds? Legend writes: Besides, who's to say that your own opinions and thoughts won't come to be regarded as "deepseated irrational prejudice" in the near future. That's the catch with supporting Thought Crimes: what's considered as 'correct' today can easily be considered abhorrent tomorrow.
Straggler writes: If I alone start attacking people with long fingernails out of some irrational personal hatred then that is hardly recourse to create a hate law based on fingernail length. If said prejudice becomes a widespread social phenomenon then arguably such laws should apply. However I think this particular prejudice of mine is unlikely to catch on. The law needs to deal with reaity. You missed the point: the reality is that not so long ago black people were segregated. Many people were publicly claiming that other races and women were inferior. Homosexuality was illegal. What's acceptable in a society keeps changing fairly frequently. While your opinion and principles may today considered to be 'correct' and 'right on', tomorrow could be deemed unacceptable. And as long as your thoughts and opinions don't get punished then that's not a problem. If however the line is crossed whereby we find it ok to punish thought and opinion then not even you, my friend, will be safe for long.
Straggler writes:
We had this discussion on another thread about 'positive action' laws. My position then, as it is now, was that if a law harms more people than it benefits, is redundant and is ambiguous and open to mis-application then it's a bad law and should be abolished.
IBadly applied laws will be bad laws. That doesn't mean that hate laws in principle are wrong or unnecessary. You are conflating the principle with the (possible) poor application. Legend writes:
Go to Message 106 and Message 13. I'm tired of repeating myself.
I've already explained why [I have issues with hate laws in principle] at least twice on this thread.
Straggler writes: Well what are they? Because you seem to be clutching at a rather random and dispirate selection of arguments that superficially support a preconceived opinion rather than having any coherent and principled objection. Straggler writes:
But 'hate' crimes arent a reality! They are just labels that you attach to REAL crimes like murder, assault and vandalism in order to make them seem worse than they really are. And guess what? The law *already reflects* this reality: there are already punishments for murderers, vandals and thugs. Does the motive make a murder worse than it already is? Does someone who got beaten up feel worse because his attacker's motive was hatred? You seem to think so, please explain your reasoning as I, for one, find it truly absurd. So you accept that hate crimes are a reality yet you seem reluctant for the law to reflect this reality. "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
I've also pointed that out a dozen times or more on this thread to both Straggler and Rrhain. They just totally ignore it and move on as if it just doesn't invalidate a major part of their argument.
"We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes: So then please explain:(i) why do you think that a racist killer needs to punished more than, say, a contract killer? Is killing because of hatred more 'evil' than killing for money? (ii) if you find current sentencing inadequate and not deterrent enough then why aren't you campaigning for stricter sentencing rather than for introducing 'new' crimes. This way, *everyone* would benefit, not just people who are victimised because of their race or religion. Legend writes: Now, someone who commits a crime because of race hatred is being already punished for his act, so surely his thoughts should be left alone, no matter how abhorrent they may be, don't you think? Legend writes: But 'hate' crimes arent a reality! They are just labels that you attach to REAL crimes like murder, assault and vandalism in order to make them seem worse than they really are. And guess what? The law *already reflects* this reality: there are already punishments for murderers, vandals and thugs. Does the motive make a murder worse than it already is? Does someone who got beaten up feel worse because his attacker's motive was hatred? You seem to think so, please explain your reasoning as I, for one, find it truly absurd. "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Straggler writes:
So, do you think that someone who breaks a house window because he doesn't like the race of the family inside should be punished more than someone who breaks a house window for other reasons? If yes, why?
I am talking largely about lesser crimes here. Vandalism and violence with the intent to intimidate a localised sub-community. "Targeted subjugation" as I have taken to calling it. Straggler writes:
[sigh].....[bangs head against wall]......for the 10th time on this thread- they're *both* the same violent act with the same Intent: to murder. The only difference is that they have different Motives. The question is: Why do you think we should start punishing people for their motive? Should we also have "Actual Bodily Harm because of a spilled pint"? What about "vandalism due to boredom?"
Why is a violent act with intent to murder any less of a "thought crime" than a violent act with the intent to intimidate those other than the actual individual victim? If intent in both cases is sufficiently evidenced? Straggler writes:
You've already asked me and I've already replied at least twice to you alone. 1) Intent is treated differently to Motive. Hate crimes are the only crimes where Motive gets punished. 2) I oppose all legislation which criminalises or otherwise inhibits/prohibits peoples' thoughts, opinions and feelings. Do you consider all crimes that incorporate intent and motive as key components to be "thought crimes"? Do you oppose all such legislation on the same grounds? It seems as you've lost your reading/comprehension ability. Is it the beer?
Legend writes:
Of course they do. Does it mean that the motive makes the crime worse than it already is? Does someone who got beaten up feel better if their attacker's motive wasn't "subjugation" ? As someone who's been beaten up twice I can tell you that they don't. Show me how hate crime laws actually benefit anyone.
But 'hate' crimes arent a reality! They are just labels that you attach to REAL crimes like murder, assault and vandalism in order to make them seem worse than they really are. And guess what? The law *already reflects* this reality: there are already punishments for murderers, vandals and thugs. Does the motive make a murder worse than it already is? Does someone who got beaten up feel worse because his attacker's motive was hatred? You seem to think so, please explain your reasoning as I, for one, find it truly absurd.
Straggler writes: Are you saying that people don't commit crimes that have intended and actual effects that are more far reaching than two random individuals in an isolated event? Straggler writes:
No I'm not. What's this got to do with punisihing motive? or anything else?
Are you saying that "targeted subjugation" does not occur. Ever. That it is an unheard of social phenomenon? Straggler writes:
It's a horrific misnomer but that's only a small part of my objection to these laws.
As much as anything else you seem to have a problem with the actual use of the term "hate crime". Straggler writes:
It would as long as there also was "targeting with intent to rob", "targeting with intent to intimidate", "targeting just for the hell of it", etc. If it were translated to the less snappy but more accurate (as I am proposing things anyway) "targeting with intent to to subjugate" would that help matters at all? Also, do you think it would cover school bullying? Because bullies are "targeting with intent to to subjugate" you know!
Straggler writes:
Unlike you, I have been. Multiple times. Now can you show me how hate-crime laws make anything better? If you are gonna *cough cough* your questions you are gonna need to start answering mine. "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes: So, do you think that someone who breaks a house window because he doesn't like the race of the family inside should be punished more than someone who breaks a house window for other reasons? If yes, why?
Straggler writes: If it can be evidenced that they are persistently committting such crimes with the wider intent of intimidating a sub section of society rather than just the directly affected individuals - Then yes. Someone who is persistently committting such crimes will be convicted on multiple counts of that crime.Why do you think there should be extra punishment on top of the existing one? Legend writes:
I hate to break this to you but a significant percentage of crime among youths is caused by boredom. Start getting out your sentencing book my friend.
What about "vandalism due to boredom?"
Legend writes: Well if the persecution of localised communities of self declared bored people becomes a common and identifiable social phenomenon then maybe we should consider legislating against that actuality. But as things stand I hardly think this is a justifiable or necessary legislative course of action. Do you? Straggler writes: Grow up Legend. If you wanna know what I think read my posts to Oni and stop spouting ill informed drivel. Ill informed drivel ?! What, like "Motive and Intent are treated differently by law" ? Or that "there is more harm than benefit in having hate-crime laws" ? Listen, just because you are unable to justify your support of totalitarian legislation -even to yourself- don't take it out on me! "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Rrhain writes:
Who's arguing that intent needs to be removed? The only person here who's even mentioned it is YOU! On the contrary, I have been condemning the punishment of Motive, in addition to Intent, that hate-crime laws impose. If you think that intent needs to be removed, then you are arguing that there is no such thing as murder. Once again, you've set yourself a nice little strawman to attack.
Rrhain writes:
Thank you for finally admitting it! So far you've been implying that Motive is being punished as standard. I'm glad you finally caught up with the facts. The differenc between murder one and murder two is intent. The difference among murder and manslaughter and reckless endangerment is intent. Now please tell me: What causes a crime to be tagged as a 'hate'-crime? Is it the Intent or is it the Motive? To make it easier for you (as you seem to get easily confused) here's a definition and example of Intent and Motive
quote: If Amy threw snowballs at Billy because Billy was the wrong race/gender/etc that would be classed as a hate-crime. Why would that be? Is it because of Amy's *Intent* or is it because of Amy's *Motive* ? "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes:
Please show me (post and paragraph) where I'm advocating terrorism.Rrhain writes: Did you or did you not say:
quote: Once more: SHOW ME how this implies advocating terrorism.
Rrhain writes: Did you or did you not say:
quote: Once more: SHOW ME how this implies advocating terrorism.
Rrhain writes: Did you or did you not say:
quote: Once more: SHOW ME how this implies advocating terrorism. So, because I claim that hate-crime laws detract from the severity of the crime, increase racial tensions and condemn "evil" thoughts........you've concluded that I'm advocating terrorism ??!? * BLINK * Have you heard of Propositional and Predicate Logic Well, you've just raped them both. Both ways. And then took a dump on their broken bodies as they lied motionless on the floor. And this is putting it mildly.
Rrhain writes:
You keep bringing up this red herring despite my showing you that intent to terrorise is not necessary for a crime to be classes as a 'hate'-crime. All it takes is a racially/etc aggravated motive. If you have a nightclub fight with someone and you call them a paki/black/etc bitch instead of just a 'bitch', hey presto, you're charged with a 'hate-crime'. Oh, but I forget, you assume that this is a proxy attack on the whole community, Because you can naturally read the perpetrator's thoughts. But, hey, no you're not supporting Thought Control at all now, are you?
Hate crimes are acts of terrorism, plain and simple. Rrhain writes:
SHOW ME where I've "disimissed attempts to prosecute the people who commit them"! On the contrary, I've fully supported punishing people for what they've done. Instead of why they've done it ! You're just pulling things out of your arse now!
Your trivializing of them and dismissal of the attempts to prosecute the people who commit them appropriately is an advocation of terrorism. Rrhain writes:
You can call it what you like! That's the rub: calling it something else DOESN'T BENEFIT ANYONE. What's important is the ACT they've committed. Calling it this or that won't undo the act, won't make the victims feel better and won't deter the perpetrators. Oh, but I forget: it will make people like you able to sleep better at night, knowing that you've done your bit to fight bigotry. Oh well, it must all be worth it then!
So your entire argument is semantics? If we called it "domestic terrorism," you'd be OK with it? Rrhain writes:
No. Read again. I said that punishing people extra for 'hate'-crimes increases racial tensions. Because it gives the impression that one race's life is valued more than another race's life. Just like any other measure ever invented that appeared to treat people differently depending on their race/gender/etc. Surely, even you can understand that "increases racial tensions" is not the same as "causes terrorism" ! But yeah, keep pulling things out of your arse, it really helps to support your position. Not. You were saying that prosecuting people for terrorism actually causes terrorism Gotta go for now. There's only so much violations of reason and distortions of facts I can cope with at any one time. Edited by Legend, : spelling "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes:
...??? WTF are you on about? *I am* the one who's advocating that whoever murders shoud get done for murder, regardless of their race, gender or beliefs, remember?
you're forgetting about the 3000 first-degree murders?
Rrhain writes: No, it's "involuntary manslaughter." To call it "first degree murder" would "indirectly propagate tension," which you abhor. It would "seek to judge and condemn 'evil' thoughts," which you declared anathema. It would mean we are not "condeming it for what it is" but rather are insisting that it be "seen as different," which you have indicated you detest.So why is it you are quite ready to abandon your principles with it's a brown foreigner who does it compared to a local race-baiter? Legend writes: ...surely you must have heard about this 9/11 thing?
Rrhain writes: Of course, but to try him for his "'evil thoughts," would be wrong, isn't that what you said? err...let me think.......NO.....*I'm* the one who suggested trying him on 3000 counts of first-degree murder, remember? I mean, FFS you even quoted me stating this in your reply. TWICE. What's the matter, don't you even remember what you've been quoting ?!
Rrhain writes:
NO they aren't!. I've already shown you the official definition of a hate-crime and it says nothing of the sort. What's the matter, can't you read?
Hate crimes are terrorism by definition. Rrhain writes:
And that's why you're shown up LYING. FABRICATING STUFF. MAKING THINGS UP.
And that's why you keep getting tagged as advocating terrorism. Rrhain writes:
Unfortunately for you that's not what the law sees. All the law sees is someone commiting a crime against X because he hates X . That's a hate-crime.
Huh? I see the exact opposite: You have to try to instill terror in order to be accused of a hate crime. Rrhain writes:
Indeed it isn't terrorism. But guess what? The thug WILL be charged with a hate-crime. And you know why? Because the police will prosecute as hate-crime "any incident which is perceived by the victim or any other person as being motivated by prejudice or hate" (Association of Chief Police Officers (ACPO) If you're a thug who happens to hate people of a certain race and you leap out at the next person around the corner in order to mug him, the fact that he's one of those that you hate isn't terrorism. So yes, you don't know what you're talking about: the thug WILL get done for hate-crime even if the attack is totally random. Why? Because he thinks 'bad' thoughts about certain races and his thoughts can be tied (even falsely) to a crime. Get your facts straight before talking shite.
Rrhain writes:
I already have. What's the matter, can't you read?
Can you show me a single case where this has happened? Where anybody has been charged with a hate crime simply because the victim happened to be of a particular class? Rrhain writes: Your other example fell apart upon examination. No charge was filed, no arrest, not even an investigation. * BLINK * I can't believe you even said that! Are you serious? An elderly woman was reprimanded by the council, investigated by the police (can't you read?) and had her name mentioned on national news alongside murderers just because she expressed an opinion and you claim that nothing happened ?!? You think that this is an example that......"falls apart upon examination" ?! FFS, what are you on ?
Rrhain writes:
I've already shown the letter of the law which clearly says nothing about intent to terrorise or intimidate as necessary to class a crime as a hate-crime. What's the matter? Don't you believe the links I provided? Do you think I faked government web-sites and then pointed you to them? Hate crimes laws penalize terrorism. To denigrate them is to say that terrorism isn't a crime.......You're advocating terrorism. Or is it that you just refuse to read anything that destroys your point? Whatever it is, the *FACT* remains: All it takes to classify a hate-crime as such is a racially/gender/etc-based Motive, as perceived by the victim or anyone else! In other words your pathetic attempt to associate rejecting hate-crime legislation with advocating terrorism is simply FALSE. A LIE. TOTAL BOLLOCKS. Now this normally would be the point where a courteous and honest person would admit the under-handedness of their approach,apologise and move on with the debate. A less honest person would just stop posting and keep a low profile. However, I strongly suspect that you fall in neither of those categories so I expect you to find invent some other fabrication to pursue, some other strawman to attack. Suit yourself. My point is already made and proven. All you have is your baseless self-gratifying illusion that hate-crime laws are 'good' and that whoever opposes them supports 'terrorism'. Which is essentially the same vacuous argumentation used by countless neo-con, right-wingers and fascists in general, to push their own totalitarian ideologies upon the masses. "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Straggler writes:
Really? So the perpetrators will be charged with simple harassment, will they now? Because if they are then you'll have a point. But we both know that the perps will be charged with a 'hate'-crime. Because their feelings towards the victims will be taken into account and punished. So yes, the thoughts of the perpetrators before the act *are* relevant and *will* be punished. You are simply wrong.
If Catholics (for example) are being targeted with the intent to remove them from the local community or restrict their rights in any way then the exact thought processes of the perpetrators are irrelevant. Straggler writes: Are Catholics being targeted because those targeting them hate Catholics? Or because they were bored and specifically decided to target the Catholics in the community for no other reason than boredom? Or because Puff the magic dragon appeared in a vision and told them that they had to target Catholics to get to Puffy Paradise? Who gives a fuck why in the ridiculous terms you are trying to impose on this issue? .....WTF....??!
YOU give a fuck why !!!!!! YOU are the one supporting hate-crime laws, remember?! YOU are the one wanting to judge and punish motive, remember?!
I'm the one who's been claiming for the last thousand posts that the motive shouldn't matter, remember ?! YOU ARE the one who's been opposing my position! I AM the one who said "No crime should be punished for its motive." ( Message 128). Now YOU are suddenly pretending that we shouldn't care about the motive and that I 'm imposing ridiculous terms. I mean......FFS.....have you been smoking the same shit as Rrhain?! In any case, I'm glad you now saw the light and accepted my position that it's the act that matters, not the motive. Now let's move on:
Straggler writes: The point is that a sub-section of the local community are being intentionally targeted and intimidated in a manner that is not reflected by the individual crimes being committed against individual members of that sub-community. "Targeted Subjugation" as I have called it throughout this thread. And as you have repeatedly failed to address. Failed to address what exactly..? "Targeted Subjugation"?? This is just a fantasy term that exists only in your head. The law is clear on what a hate-crime is: any individual crime that the victim or anyone else deems to be racially/etc motivated. That's the REALITY. I thought you wanted to deal with REALITY, didn't you?
Straggler writes:
Nobody's suggesting that they're isolated incidents. There are already anti-harassment laws that deal with targeted and repeated aggression, as well as laws that deal with individual crimes. I'm objecting to the fact that -dependent on the victim's race/religion/etc- some cases are selectively lifted above the other harassment cases and given special treatment. The reasons for my objection have already been stated many times in this thread
Beating up Catholics and vandalising their houses with anti-Catholic slogans and propaganda are NOT just acts of random assault and vandalism. How the fuck does it help anyone to ignore this fact and carry on as if these were isolated incidents committed by one random individual on another? Straggler writes:
If you don't know by now then you should start smoking less of what Rrhain's been giving you.
What is your actual poistion here? Straggler writes: Because in one post you are arguing that hate laws are completely ineffective as a deterrent and yet in the next you are making the media led assertion that people are being deterred even from thinking and speaking freely because they are terrified of committing hate crimes. YES, YES - THANK YOU! This is exactly it! 'Hate'-crime laws don't deter criminals from committing crimes, they just deter ordinary people from expressing their thoughts and opinions! This is why 'hate'-crime laws are so terribly counter-productive and should be abolished. Well done, You finally got it!{applause} {crowd goes wild} There, that wasn't so hard to understand now, was it? "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes: Who's arguing that intent needs to be removed?
Rrhain writes:
You. Hate crimes target intent. You're arguing that this is invalid. ........[sigh].........ok.......I will once more quote you the definition of a hate crime, as presented in both the Home Office and FBI web-sites. I've already linked to them in previous posts, so I'm not going to link them again just because you've not been paying attention. Make sure you read it this time. The clue is in the wording.
quote: I hope you didn't miss it this time. What did it say? M-o-t-i-v-a-t-e-d. That's right, it said that hate-crimes are motivated by bias. Repeat after me once more: M-o-t-i-v-a-t-e-d, yeah that's it, you got it, atta boy!
quote: So what differentiates a 'hate'-crime from an 'ordinary' crime?.........[drumroll]......that's right......the MOTIVE! So what do hate-crimes target?............[drumroll]......that's right......they target MOTIVE! So who's been talking complete and utter bullcrap about what hate-crimes really are for the last 180 posts or so?...........that's right......Rrhain! "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Straggler writes:
Sorry if I went a bit mad there. You have to admit though, you did spew some self-contradicting drivel on that post.
Calm down Legend. You appear to be very full of hate. I'll have to send the thought-police round if you carry on like this. Legend writes: Really? So the perpetrators will be charged with simple harassment, will they now?
Straggler writes:
There is evidenced intent to intimidate and eradicate an entire group of people from the local community and you want to convict for harrassment? Whoaah, easy now with the big words Straggler. First off, harassment is what the perps are actually doing until they physically attack the victims. There's also the offence of "putting people in fear of violence" and other related offences. Second, "eradicate an entire group of people from the local community"? unless the gas chambers and concentration camps have been discovered that's a pretty strong phrase for shouting abuse at someone, don't you think? The ACT that you're describing is essentially harassment and intimidation. If violence is involved then there are other criminal offences to deal with that. You want to call it something else and treat it differently! Why is that? Don't you think the existing laws are adequate? If you don't, then you're doing a massive injustice to all the other victims of harassment and intimidation who are not victimised because of their race/religion/etc. Because they suffer just as much as the rest.
Straggler writes:
Does it matter? As long as the law is applied to punish the aggressors each time they commit an offence, then what's your problem?
If a different member of the local Catholic community is beaten up each time who is being harrassed? Straggler writes:
You simply punish the perpetrators for the offences they've commited. What's wrong with that?
In the terms of the laws you are advocating as adequate to deal with this situation. Tell me Legend how do you deal with this situation? Straggler writes:
In practice, yes it is. What do you think passes for "evidenced intent" most of the time? Unless you have a confession by the accused then the only way to show that they intended to intimidate an entire community, incite racial hatred and other similar offences, is by judging their beliefs and opinions regarding that community. That's why people as diverse as that are charged and prosecuted *solely because they expressed their opinions*.
Do you really think that evidenced intent to intimidate an entire community and the specific reason that you don't like somebody are the same thing? Straggler writes:
Of course there are. But here's the rub: most crimes have an intimidatory effect far more reaching than the actual victims. If someone is robbed or beaten up, the whole street/village is afraid and initimidated, as well as the victim, their family and their friends. This happens regardless of the attack being racially motivated or not. By you saying that only special kinds of motive have far reaching effects not only are you mis-representing reality, you're also displaying a condescending attitude to other victims of crime who suffer just as much.
The reality that there are crimes commited that have an intended and actual intimidatory effect more far reaching than the crime against the individual in question Straggler writes: Did you read the section of the post you are replying to? Have you read any of that which has been said to you previously? Are you being willfully ignorant? Do you know what intent is? LOL you're having a laugh, are you? I went to pains to explain to you the difference between intent and motive. YOU're the one who's constantly ignored it and conflated the terms.
Straggler writes:
If I was just a bored teenager then no, I probably wouldn't vandalise the church knowing the extended penalties that hate-crimes incur. If you were a bored teenager with a spraycan would you go and vandalise the local church that has been the repeated target of real bigots? Or would you think that being convicted of a hate crime just isn't worth it and choose somewhere else. But then again if I vandalised the church out of boredom I shouldn't be expected to be charged with a hate-crime, should I now? You do realise that you've just indirectly admitted that hate-crime laws are only there to deter people from doing their ordinary activities lest they be mis-interpreted as 'hate'-crimes?
Straggler writes: If a criminal act is committed with the evidenced intent of intimidating or restricting the rights of a group of people within society do you think that the law should take this context into account? If not why not? If "evidenced intent" can be factually and objectively demonstrated then maybe it should. If, on the other hand, "evidenced intent" is just a tautology for "Motive" and is soley surmised based on the accused's beliefs and opinions the no it shouldn't. But that's besides the point really, as the law says nothing about "evidenced intent" and such like. All the law says is that if anyone at all says your offence was racially/etc motivated, then it's a hate-crime. The laws seeks to punish the Motive , often on no evidence other than someone's saying so. It's as simple as that. "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Legend writes: I will once more quote you the definition of a hate crime, as presented in both the Home Office and FBI web-sites. Rrhain writes: No, you're quoting popular press releases. You do understand the difference between something that is written to be understood by a layman and something that is used by people who are actually working in that field, yes? .....huh??...I pointed you the the official Home Office (UK's Dept of Justice equivalent) and FBI web sites! *Not* some newspaper or other popular press web sites. Are you saying that what the Home Office / FBI put on their web sites is inaccurate or distorted? Are you really saying that you know better?
Rrhain writes:
Here's what the actual law regarding hate crimes in California says:
quote: ..... No mention of motive to be found.
...huh?!...can't you read?!... You missed the part where the MOTIVE is described. I took the liberty of emphasizing it for you. The "because of ..." bit should have been a bit of a clue really! What drives someone to commit a criminal act is called......a MOTIVE. We've been through this so many times, you've forgotten already? You really have to do something about that selective vision of yours.
Rrhain writes:
Let's look at your own country's laws:
quote: Where do you see the word "motive"? I see the word "intent." I only see one letter "m" in the whole thing and it is for the word "material." So I'm looking and looking and I cannot find the word "motive." Perhaps you would be so good as to point it out to me.
LOL! oh, I see you did a google search on "hatred intent -motive", did you? How very not-intellectually-dishonest of you. So you quoted an instance of an act defined as intended to stir up hatred (instead of the definition of a hate-crime, like I did) and latched on the use of the word 'intends' to make a point. Unfortunately for you, the word 'intends' here doesn't show Intent in the legal sense of the word, i.e. intent of wrongful purpose, i.e. mens rea as you well know. This is how criminal law says about intent/mens rea
quote: In this instance threatening behaviour or material are -by definition- proof of mens rea, i.e. harmful intent. You don't accidentally or innocently threaten someone. So the ACT of threatening behaviour is being punished (as indeed it was long before hate-crime laws). But what this law punishes *on top of* the threatening behaviour is the religious hatred that caused it! This is a classic example of legislation that punishes MOTIVE as well as the criminal act that ensues. Really Rrhain, I thought you were against playing semantic games, changed your mind did you? "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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Legend Member (Idle past 5036 days) Posts: 1226 From: Wales, UK Joined: |
Straggler writes: Why so hateful Leg? Is it coz I is English? I know how much you Welsh boys hate the English. I am starting to feel very intimidated by your subjugating thoughts. Nah, it's not coz you're English, it's coz you talk shite. Seriously now, as an Englishman you should be well used to oppressing minorities so I can't quite understand why you're supporting hate-crime laws. Are you feeling guilty or something?
Straggler writes: Which people are in fear of violence? How do you know whioch group is being intimidated unless you take the wider intent of the attacks into account?Your position here is contradictory. I wasn't expressing an opinion, I was stating a fact: There are already laws -and have been for ages- that punish threatening behaviour without punishing motive. If you threaten or intimidate someone you'll get done. You now want to punish people for the thought process that caused them to commit the crime. Why is that?
Legend writes:
Lighten up, I was only being facetious. I thought you English lads had a sense of humour.
Second, "eradicate an entire group of people from the local community"? unless the gas chambers and concentration camps have been discovered that's a pretty strong phrase for shouting abuse at someone, don't you think?
Straggler writes: Well done for making the hyperbolic misrepresentation of the year. I am talking about attempting to drive people away from the local area or close down a social facility of some sort. Not exterminating people for heavens sake. Legend writes: As long as the law is applied to punish the aggressors each time they commit an offence, then what's your problem?
Straggler writes: Sigh. Because it doesn't take into account the reality of the situation. The more malevolent and socially destructive reality of targeted subjugation as opposed to random and isolated crimes. Nor does it deter those who are just bullies seeking to join in preying on an easy target. You selectively apply this "targeted subjugation" term to suit you. Can you please define it for us? Is a school bully guilty of "targeted subjugation" ? If not why not?
Straggler writes: So then we agree that we have deterred casual participation in prejudicial attacks. We have deterred those bullies who are not bigots as such but just opportunists who would prey on the weakest elements of the community for no other reason than having an easy target. Thus restricting hate crimes to those who are truly engaged in acts of socially destructive discrimination, intimidation and subjugation. Restricting such crimes to those who if caught will be dealt with more punitively. Protecting society in the process. And your objection to this state of affairs is.........what exactly? My objection is that you're supporting a totalitarian, socially and individually harmful legislation just so that you can deter some opportunistic bullies!
Straggler writes: Welcome to reality!! Now we just need to evidence such intent in exactly the same way that we evidence intent in any other crime where intent is a significant component. Really? In 'any other crime' Intent is defined as the design or purpose to commit a criminal or wrongful act. The difference between Murder and Manslaughter is Intent, i.e. that the perpetrator purposefully -not accidentally or negligently- killed the victim. Now let's suppose that someone kills a member of race X because he hates X then please SHOW ME: 1) what is the ACT in question?2) how do we determine the INTENT behind the Act and what is its significance? 3) how do we determine the MOTIVE behind the Act and what is its significance? 4) which of the above do hate-crimes punish? Feel free to elaborate but please stick to the legal/formal definitions of terms, not the fantasy terms you have in your head. Reality, remember? "We must respect the law, not let it blind us away from the basic principles of fairness, justice and freedom"
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