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Old 09-30-2007, 10:34 PM   #76
piercehawkeye45
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Originally Posted by spudcon View Post
The simple flaw in hate crime laws is that it makes murder of one person more serious than murder of a different person. Why would a gay/black/policeman/muslim/white person be more valuable to society than anyone else.
The argument behind hate crimes are not, or at least shouldn't be, that blacks or gays are more important to society than straight whites, just that killing someone just because of their skin color or sexuality is worst than killing someone for another reason.

Whether you agree with a hate crime being worst than regular manslaughter or not, when it comes to murder the justice system does judge by intent so it does follow the pattern. If I kill someone in self-defense, kill someone by accident, and kill someone in cold blood I'm going to get different time in jails for each if any jail time at all.
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Old 10-01-2007, 04:20 AM   #77
xoxoxoBruce
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Well if the court is already taking intent into consideration, why more legislation? Why more complicated rules? Why more pressure on the DA to decide rather than the court?
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Old 10-01-2007, 08:08 AM   #78
piercehawkeye45
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No idea, I'm agnostic on this issue.

I'm assuming because they think that extra work is justified but who knows.
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Old 10-01-2007, 11:59 AM   #79
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Originally Posted by xoxoxoBruce View Post
Well if the court is already taking intent into consideration, why more legislation? Why more complicated rules? Why more pressure on the DA to decide rather than the court?
The DA doean't have to decide. The DA can charge both, and the jury decides.
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Old 10-02-2007, 06:54 AM   #80
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I'm not sure, but I think part of the rationale may be to have a better idea of how prevalent racially motivated crime is.

Another part of the rationale may be that whilst the actual murder is a crime committed against an individual, if it it is motivated by race-hate it also becomes a crime against the wider group.
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Old 10-02-2007, 05:44 PM   #81
xoxoxoBruce
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Nonsense, if I kill you because you're British, it doesn't make a whit to the millions I didn't kill.
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Old 10-02-2007, 07:52 PM   #82
piercehawkeye45
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But then hanging Brits by tree branches was never an afternoon activity.
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Old 10-02-2007, 09:52 PM   #83
xoxoxoBruce
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Stop wallowing in the past and move on.
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Old 10-02-2007, 09:57 PM   #84
bluecuracao
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Yeah, pierce. Lynchings and nooses hanging from trees and trucks 'n' stuff are ancient history.
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Old 10-02-2007, 09:59 PM   #85
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It doesn't even happen anymore does it?
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Old 10-02-2007, 10:25 PM   #86
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It doesn't even happen anymore does it?
Nope. Today we drag them from behind a pickup - especially if they are gay.
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Old 10-02-2007, 10:33 PM   #87
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I thought that we were tying them to fenceposts in freezing weather after beating them within an inch of their lives, leaving them to die?

Someone needs to update the fag killing protocols or we'll just have people killing them every which way, and then nothing will have been accomplished.
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Old 10-03-2007, 02:03 AM   #88
rkzenrage
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Originally Posted by piercehawkeye45 View Post
The argument behind hate crimes are not, or at least shouldn't be, that blacks or gays are more important to society than straight whites, just that killing someone just because of their skin color or sexuality is worst than killing someone for another reason.

Whether you agree with a hate crime being worst than regular manslaughter or not, when it comes to murder the justice system does judge by intent so it does follow the pattern. If I kill someone in self-defense, kill someone by accident, and kill someone in cold blood I'm going to get different time in jails for each if any jail time at all.
Precisely, intent, circumstance and motive are not the same thing. Motive means nothing and when physical evidence is present, is rarely brought to bear in court at all by the prosecution. There is no reason to if their case is made by facts and evidence, it is only used in circumstantial cases. Waste of time otherwise and confuses the issue.
In fact, the defense will often try to use it as a red herring to confuse the jury.
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