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Author Topic:   Hate-crime = Thought crime?
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 275 of 376 (540166)
12-22-2009 2:49 PM
Reply to: Message 273 by Legend
12-22-2009 1:24 PM


Re: Motive Schmotive
That's right, that element is the punishment of the thought process that led to the crime being committed. A.k.a The Motive.
And we do that in cases of caused death. We have multiple classifications from no-motive manslaughter to 1st degree murder with special circumstances.
This legislation makes it so that we don't have to create 5 different levels of graffiti and 5 different levels of assault and 5 different levels of harassment and 5 different levels of arson, etc etc etc

This message is a reply to:
 Message 273 by Legend, posted 12-22-2009 1:24 PM Legend has replied

Replies to this message:
 Message 277 by Legend, posted 12-22-2009 3:53 PM Nuggin has replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 278 of 376 (540185)
12-22-2009 4:00 PM
Reply to: Message 277 by Legend
12-22-2009 3:53 PM


Re: Motive Schmotive
My point is that someone who commits an arson out of pyromania serves (arbitrary number) 10 years.
Someone who commits an arson for insurance fraud serves 10 years.
Someone who commits arson out of anger at their neighbor, 10 years.
Someone who systematically targets black people with the intention of ridding the state of them 10 years.
If we want to make it so that different kinds of arson carry different penalties, then we can change the laws so that Fraud Arson is Arson A, Insane Arson is Arson B, Anger Arson is Arson C and Racist Arson is Arson C.
We have to add EACH of these new statutes and define them.
And we have to do that for EACH other kind of crime as well.
OR, we can add an additional law saying that certain kinds of crime (be they arson or some other crime) carry an additional penalty when the person committing the crime is targeting a specific group.
I'd rather have a single blanket law than 40,000 sub-laws trying to accomplish the same thing.
You disagree.
You live in England therefore you have a different legal system. Obviously we're going to disagree on what works best for our legal systems.

This message is a reply to:
 Message 277 by Legend, posted 12-22-2009 3:53 PM Legend has replied

Replies to this message:
 Message 279 by Legend, posted 12-22-2009 7:15 PM Nuggin has replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 283 of 376 (540262)
12-23-2009 2:25 AM
Reply to: Message 279 by Legend
12-22-2009 7:15 PM


Re: Motive Schmotive
Is the additional penalty going to deter potential perpetrators? Will the victims feel better knowing that their attacker got more time because they were X/Y/Z ?
How is that group or anyone else going to benefit from additional penalties?
Now you are being dishonest. You are trying to change this conversation from hate crime legislation to "Why should we bother punishing anyone at all?"
If you disagree with the legal system in which criminals are punished for their crimes, please just leave the forum. There's no way to carry on a rational discussion with you.
We live in a society in which we have laws and punishments for breaking those laws. End of story.
How is the law going to determine that the attacker is targeting a specific group? Just because somoeone hates group X, doesn't mean that he's targeting the whole group when he attacks a member of X.
How is the law going to determine if a man killed his wife? Just because he murdered a woman who he happened to be married to, doesn't mean that he's specifically targeting his own wife.
These arguments are getting childish. If you want to have a SERIOUS discussion, fine. But if you're going to start pulling out creationist type crap, I'll just skip over your posts.
OBVIOUSLY in order to charge someone for a crime you would have to present evidence. If a KKK member burns down a black man's house with whom he has no connect, and he stands no chance of gaining financially from the act, what is his motive? You want us to conclude that he RANDOMLY picked that house and the fact that he's a member of a group which specifically takes these sort of actions against this particular group should be over looked?
It's not a matter of different legal systems, it's a matter of fundamental liberties and freedom from oppression. If you start punishing people for their beliefs and opinions, you can no longer claim to live in a free country.
Who said anything about punishing people for their beliefs. NO WHERE in ANY of this legislation can ANYONE be charged IN ANY WAY for the crime of "believing" something.
In EVERY SINGLE CASE the person who is being charged MUST take SOME action which is deemed to violate the law.
I'm sorry that you feel that you are a member of a group which is being hurt because you dislike minorities. You are FREE to continue to dislike minorities. However, if you continue to break the law to harass, assault, murder, etc a minority group which has been the subject of systematic harassment in the past, you are going to be subject to steep penalties.
I suggest you stop breaking the law.

This message is a reply to:
 Message 279 by Legend, posted 12-22-2009 7:15 PM Legend has replied

Replies to this message:
 Message 286 by Legend, posted 12-23-2009 8:45 AM Nuggin has replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 284 of 376 (540263)
12-23-2009 2:38 AM
Reply to: Message 280 by Hyroglyphx
12-22-2009 8:54 PM


Re: Motive Schmotive
No, it is placing a higher emphasis on race over other equally bad things. In essence it is worse to kill someone over race versus killing them to rob them.
That's because it is.
That could go for anything, Straggler. If a man is targeting women should killing women then be a worse crime versus targeting men? I mean the law is nonsensical.
If women are deemed to be a class of people which have faced ongoing systematic descrimination under the legal system then yes it is a worse crime.
The current system is justice for white victims, not for black. You want to keep the current system because you don't have a problem with that balance.
This law intends to level the scales.
I'm sorry that seeing groups get equal justice offends your sense of status, but that's what is going to happen.
So it has to be a social phenomenon to have a special crime.
Yes, if over the next 50 years "pasta cooks" suddenly become the subject of random acts of violence and frequently see the criminals walk with a pat on the back from cops, then "pasta cooks" will become a special class of people until such time as the numbers come back in line with average random violence.
It is already a crime hurt, maim, injure, kill anyone unjustifiably.
And those crimes AREN'T being prosecuted at the same rate or to the same extent as crimes which target the groups in power.
You have YET to offer a BETTER solution than the one proposed. You are just trying to oppose the ONLY solution on the table because you happen to be a group which is in power and feel it is "unfair" to your group that some other group will get equal treatment.
Just tell me this much. Suppose your aunt one night is shot in a convenience store. They catch the assailant and he's brought to trial. Before his trial there is another hearing for another murder. This one is for a man who shot and killed a latino woman for what appears to be racial reasons.
The killer gets life in prison, no chance of parole. Then your aunt's killer stands before the judge. She was deemed as being in the wrong place at the wrong time. Her killer gets 10 years, with a chance for parole every 2 years with good behavior.
Was justice for your aunt served?
Why not then make all murder sentencing more strict? Wouldn't that be the simplest way, instead of not equally protecting every one?
Why not say, "your aunts murderer is given $50 and a candy bar"? After all you are making up a silly scenario, why not just take it all the way instead of 75%.
The legal system is complicated. You want to pretend it is not.
You can pretend whatever you like. It's not going to change reality.
The fact is that certain groups DO NOT GET JUSTICE while other groups do. Until you can propose a BETTER system which will work in the REAL world, then we're gonna go with what we've got.
I'd advice you to stop committing hate crimes if you think the penalties are unfair.

This message is a reply to:
 Message 280 by Hyroglyphx, posted 12-22-2009 8:54 PM Hyroglyphx has replied

Replies to this message:
 Message 290 by Hyroglyphx, posted 12-23-2009 7:41 PM Nuggin has replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 287 of 376 (540287)
12-23-2009 10:31 AM
Reply to: Message 286 by Legend
12-23-2009 8:45 AM


Re: I don't know what he's on but it's strong stuff!
I've come to the conclusion that you're 12. Or a troll. Probably both. You don't deserve any more of my time.
I see I was right.
Look, this is a discussion for adults and a serious topic which we are addressing in America.
You riding in and trying to derail everything with your crap about how there's no justice for anyone is not helpful.
We punish criminals for crimes. That's a fact. That's NOT up for debate.
So, if you've "decided" I'm not worth your time - GOOD.
I'm going to stick with the topic, you can take your crackpot concepts elsewhere.

This message is a reply to:
 Message 286 by Legend, posted 12-23-2009 8:45 AM Legend has not replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


(1)
Message 291 of 376 (540325)
12-23-2009 9:31 PM
Reply to: Message 290 by Hyroglyphx
12-23-2009 7:41 PM


Re: Motive Schmotive
Really? And why is that?
Because "robbed" is not a condition of birth.
I'm sure that is going to matter to the family members of a woman slain in a robbery
And you have a better suggestion as to how to make that family feel better? Perhaps a law the requires the use of a time machine to go back in time to prevent the crime. Oh wait, that's fantasy.
Here in reality these are the facts: Once the crime is committed we can't UNcommit it. Therefore we have a system that does TWO things:
1) Punish those deemed responsible.
2) Deter others from committing similar crimes.
Which of these two things are you opposed to? So far it seems to be both.
What a reckless statement that has nothing to do with my objections. ... Anyone attacked by anyone else is already protected.
No. They aren't. THAT'S the point you are having a great deal of trouble with.
If you are gay and you get jumped, you are LESS LIKELY to get justice than if you were a white woman who was assaulted.
In your fantasy world everything is equal. Unfortunately for minorities, they can't visit your fantasy world.
If we were still living in times when blacks were rampantly discriminated against, what makes you think that they would ever see a trial in which to utilize such a bill? The corrupt police would just make them go away before it ever saw a trial.
Because if it is a federal statute officers from outside of the community can be brought in to investigate and the criminal can be tried in a fair court.
That's the problem, Nuggin. They aren't receiving equal justice. One murder or assault may be deemed worse on the pretense of racial motivation.
Again, your fantasy world doesn't mesh with reality.
I understand your desire to maintain your dominance. Your pic says it all.
The fact of the matter is that this law is going to be used to bring criminals to justice who would otherwise not face justice.
are already protected against all crimes. seriously, did I even need to state the obvious?
Again with the fantasy land. DO YOU UNDERSTAND THAT THERE ARE PLACES IN THIS COUNTRY WHERE PEOPLE ARE VICTIMS OF CRIME AND GET NO JUSTICE WHATSOEVER?
Yes or no?
If you can't acknowledge that fact, there's really no reason for you to be here. You're not dealing with reality.
How could you possibly know that??? Are you omniscient and omnipresent?
Are you serious? Do you REALLY believe that justice is equal in America right now? REALLY? That's ACTUALLY what you are claiming?
OR are you simply being dishonest because you don't like where this thread is taking you?
You KNOW (or you SHOULD know) that the legal system is FAR more likely to arrest and convict a black man than a white man. And FAR more likely to give stricter sentencing, including the death penalty, to a black man over a white man -- FOR THE SAME CRIMES.
The problem is SO bad that one governor had to suspend ALL executions as a result of a report demonstrating the statistics.
The solution to what? Crime? Racism?...
I believe all people regardless of anything should receive the same treatment as every one else.
And that has never happened and continues to not happen. So, what's your solution? More fantasy land?
No. Give us a REAL solution that REALLY levels the playing field so that a gay man in Wyoming gets the SAME treatment as a gay man in San Francisco. And a Black man in Georgia gets the same justice as a black man in Maryland.
You seem to think you have it all figured out. Put up or shut up.
This is endemic of the problem, Nuggin. Until you can see people as individuals and stop compartmentalizing people in to neatly filled groups, you will continue to perpetuate the very thing you claim you want to eradicate.
And your alleged blindness to groups is extremely convenient given that you are a member of the group with the all the benefits.
"Oh, no, there's no racism here. That _MAN_ was lynched, but not because he was a member of a group. It's because he's an individual. The KKK is just a group of individuals who target other individuals based on their individuality."
Give me a break.
Nuggin here charges me with "hate crimes" because if I don't support the premise of hate crimes, then I must be taking part in them
First of all, I think it's pretty damn outrageous that a man who presents himself as HITLER is complaining about character assassination while simultaneously complaining how unfair it is that he may be subject to additional penalties for criminal behavior.
If you don't want to be subject to these laws, DON'T commit these crimes. That's the BASIS of our legal system. We DON'T want people to do X, we create a law that say: "Don't do X or you will be punished".
You have been bitching and moaning for a week now about how unfair that is and we're supposed to assume that DON'T want people to do X?
Please. Obviously you have some personal stake in the matter.

This message is a reply to:
 Message 290 by Hyroglyphx, posted 12-23-2009 7:41 PM Hyroglyphx has replied

Replies to this message:
 Message 293 by Hyroglyphx, posted 12-23-2009 11:18 PM Nuggin has replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 292 of 376 (540326)
12-23-2009 9:37 PM
Reply to: Message 289 by Hyroglyphx
12-23-2009 7:03 PM


Re: Motive Schmotive
If one man brutally slays a women after raping her and receives 10-years with probation while another man brutally kills an Asian and receives life with no possibility for parole just because his crime was racially motivated, how in the hell was justice served to the raped and murdered woman and her family? How did she receive equal protection? She didn't. The system failed her because it's so much more important for politicians to appear like they give a fuck and pass extraneous laws.
FAIL. AGAIN. FOR the SAME reasons.
If you are going to keep making this argument, can you be honest enough to show how silly you are being.
Instead of 10 years, why not have the rapist get a gift certificate to Barnes and Noble?
You are falsely comparing these two crimes as though one criminal receiving a longer sentence some how negatively impacts the sentence another criminal receives.
Either 10 years IS or IS NOT sufficient. Whether or not someone else was convicted of a similar crime and sentenced to more or less time is TOTALLY IRRELEVANT to the first case.
If 10 years IS NOT sufficient and the OTHER rapists ALSO gets 10 years, then NEITHER victim has gotten justice.
If 10 years IS sufficient and the other rapist gets MORE than 10 years, the victim of the first rapist STILL GOT JUSTICE.
This is the 3rd or 4th time I've had to explain this to you. I don't know how I can make it MORE simple.
Either you are capable of understanding this simple idea or you aren't. If you aren't, please stop posting as there is no way you'll ever be able to keep up with the discussion.

This message is a reply to:
 Message 289 by Hyroglyphx, posted 12-23-2009 7:03 PM Hyroglyphx has not replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 295 of 376 (540336)
12-24-2009 12:06 AM
Reply to: Message 293 by Hyroglyphx
12-23-2009 11:18 PM


Re: Motive Schmotive
Neither is hatred for people of other races or different sexual orientations.
Are you being deliberately dense? We aren't talking about the criminals, we are talking about the victims.
Actually, it would seem that you do seeing as how you want to make one form of assault worse than another.
OMFG! Again with this mistake. Write this down. If a crime has a punishment and a 2nd crime has a different punishment it doesn't mean that the first crime no longer has a punishment.
Seriously! That's what the 6th time I've had to explain that to you?!
For heaven's sake. It's already a law, federal or otherwise, that you can't murder or assault people because of their race. A new bill isn't going to fix what is broken about the system, but it is sure to break what wasn't broken about it.
Okay, now I KNOW you are being deliberately dense.
If you murder someone in New Hampshire, that is a state crime, it is investigated by local police. It is tried in a local court.
If you commit a FEDERAL offense, your LOCAL police and LOCAL court are NOT the ones who investigate and try the case.
Yes, I'm sure there still exists rural areas that rely on a good 'ole boy network... Now please explain how this bill is somehow going to put an end to that?
OMFG. It's a FEDERAL STATUTE! F.E.D.E.R.A.L.
You can't change people's mentality through legislation.
No one is trying to. They are trying to change people's ACTIONS.
We don't live in the days of the Ku Klux Klan roaming the landscape lynching black people.
While we're at it we should also cite the Patriot Act by saying if you aren't doing anything wrong you shouldn't worry whether or not your freedom of privacy should exist. Same mentality.
Again with the deliberately dense stuff.
Do you recognize that this is adding elements to ALREADY CRIMINAL ACTS?
You ARE doing something wrong. You SHOULD be worried.
Your quip about the patriot act is talking about people who AREN'T doing something wrong and therefore are complacent about the government tapping their phones or whatever.
If the patriot act said "Blowing people up with a bomb carries an ADDITIONAL punishment above and beyond murder" then we'd be on the same page.
Yes, it's called freedom.
The freedom to commit crimes without punishment. Very patriotic of you

This message is a reply to:
 Message 293 by Hyroglyphx, posted 12-23-2009 11:18 PM Hyroglyphx has replied

Replies to this message:
 Message 300 by Hyroglyphx, posted 12-25-2009 10:42 AM Nuggin has replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 296 of 376 (540345)
12-24-2009 4:29 AM
Reply to: Message 294 by Iblis
12-24-2009 12:02 AM


Re: sanity check
Is it really a bad idea to further criminalize murder and assault at the federal level when there is a good excuse to do so in the Bill of Rights?
What I am thinking of specifically is the murder of some civil rights workers in Neshoba County, Mississippi, the subject of the fictionalized Mississippi Burning. Because the state courts refused to try the suspects for murder, they were instead tried by the Federal government for depriving the deceased of their civil rights. Sentences ranged from 3 to 10 years. On the other hand, actual crimes criminalized as murder by the Feds, such as in the course of interstate dope-running, result in much longer sentences, more appropriate to the crime. Isn't this just filling in that gap?
In other words, isn't the Federal law just a way to treat civil-rights-based murders the same way other Federal capital crimes are treated?
Thank you! I've made this point to him about 10 times now. He STILL doesn't get it.
I don't think he's familiar enough with the concept of Federal vs State. Add that to his crazy idea that all sentencing retroactively effects earlier sentences for similar crimes and you've got one SERIOUSLY confused guy.

This message is a reply to:
 Message 294 by Iblis, posted 12-24-2009 12:02 AM Iblis has not replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 301 of 376 (540457)
12-25-2009 12:25 PM
Reply to: Message 300 by Hyroglyphx
12-25-2009 10:42 AM


Re: Motive Schmotive
I don't know what to tell you that might allow you to see this from a different perspective, the perspective of setting a very dangerous precedence. You just don't see it and I can't reach you, so...
I understand your perspective. You're just not living in reality.
That's evident from your continued assertion that punishing one criminal somehow reduces the sentence on an unrelated criminal.

This message is a reply to:
 Message 300 by Hyroglyphx, posted 12-25-2009 10:42 AM Hyroglyphx has not replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 310 of 376 (540541)
12-26-2009 2:54 AM
Reply to: Message 305 by Rrhain
12-26-2009 12:10 AM


I Hate Petitions!
Incorrect. He did no such thing.
What he did was provide an instance of a woman receiving a letter from an official.
No arrest was made. No charges filed. No prosecution of any kind.
Let's also remember that this took place in the UK where they have an ENTIRELY different set of laws and where the US Constitution has no power.
Last time this story was brought up people were railing about how her 1st amendment rights had been violated by the police warning her that her letter had been deemed inappropriate.
No 1st amendment rights if you don't live in the US - sorry campers.
This story is fail tall, fail long and fail deep.

This message is a reply to:
 Message 305 by Rrhain, posted 12-26-2009 12:10 AM Rrhain has not replied

  
Nuggin
Member (Idle past 2522 days)
Posts: 2965
From: Los Angeles, CA USA
Joined: 08-09-2005


Message 311 of 376 (540542)
12-26-2009 3:04 AM
Reply to: Message 302 by Rrhain
12-25-2009 10:37 PM


Spray Paint Scenario
That's unreality. If all we found was a tagged wall, how do we know it was you? We don't simply arrest people off the street hoping we found the right guy.
You don't get charged with a hate crime unless there is evidence to back it up. If you were, then there necessarily is more evidence than simply paint on a wall.
The spray paint scenario is pretty sad.
"Tagging" isn't writing hate speech. "Tagging" is signing your name to something in order to score points with other taggers based on how hard the target was.
A typical tagger will hit dozens of spots in an area. I've gone out in the morning to find the same three initials on every tree and street sign between my house and the 7-11.
If a wall of a religious structure were "tagged", then surely the rest of the neighborhood would likewise be "tagged" and we'd know that the building was being treated as a building - no more significant than a park bench or a moving van.
However, if instead of "tagging" they had written a message specifically directed to the people who primarily use the building, we'd have context for the crime.
But, unfortunately, he wants to keep the scenario so limited as to have it be nonsensical.

This message is a reply to:
 Message 302 by Rrhain, posted 12-25-2009 10:37 PM Rrhain has not replied

  
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