Bush Expected to Veto 'Hate Crimes' Bill

[Happy Monkey]

Originally Posted by xoxoxoBruce

@ HM Did you mean can't? Oh wait, you mean I can't be charged with a hate crime because I did both. I got it now.
Why should I be charged with a hate crime for either? Don't you have to make an assumption of motive unless I actually said I did it for a specific reason? That assumption could be considered a hate crime on the part of the DA in some cases.
See, this is what bothers me about this legislation, to much assuming and that's not justice.

Courts have had methods to determine motive long before hate crime legislation appeared. It's part of the distiction between various degrees of murder and manslaughter. It's part of the definition of libel. And now it can determine whether something is a hate crime or not.

There's nothing legally novel here.

[xoxoxoBruce]

Originally Posted by Happy Monkey

Courts have had methods to determine motive long before hate crime legislation appeared. It's part of the distiction between various degrees of murder and manslaughter. It's part of the definition of libel. And now it can determine whether something is a hate crime or not. There's nothing legally novel here.

Novel or not, it gives the DA to much discretion. See my last post. Unless the guilty party clearly states it was a hate crime, I don't trust anybody guessing. You know damn well they will use the threat of escalation to hate crime to force plea bargains. Plead guilty to something you didn't do and get 4 years or we'll go for the death penalty which automatically prejudices the jury. Wow, they are going for the death penalty he really must be a bad guy.