[quote]B.L.U. Ninja wrote:
[quote]DoubleDuce wrote:
[quote]groo wrote:
[quote]DoubleDuce wrote:
[quote]groo wrote:
[quote]DoubleDuce wrote:
[quote]groo wrote:
[quote]DoubleDuce wrote:
[quote]four60 wrote:
[quote]DoubleDuce wrote:
[quote]four60 wrote:
^ I’m not sure how Rare it is, but I can understand how a family who feels they are not getting the investigative attention they need for a lost loved one can turn the focus to something that will and can receive Federal Law Enforcement action.
And this is one of the main reasons Hate Crime Laws bug me so. Race, sexual orientation, religious belief can play a part in a crime without it being the main reason the person was killed.
Not all racists are murderers.
Not all Murders involving Different races are race related.
Police are human they can fuck up like anyone else. I do wish victims families had better options other than federal involvement to make sure the police are following the same check list for all crimes that lead to fatalities.
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It is a law about the mental intent of a person committing a crime which is completely unknowable.[/quote]
(Typing this on an iPad sucks, the quotes get mixed up)
Is it “Completely” unknowable or just hard to determine? I see the action of the law as being unfair. Does my loved one deserve less attention by law enforcement because all parties involved shared the same beliefs, color and sexual orientation?[/quote]
The only evidence you have is what the criminal says they were thinking. what actually went on is entirely unknowable. A white guy could kill a black guy and be a lifelong KKK member and claimed to have been racially motivated when he was really just trying to impress other KKK guys. Or many times a person may be mad and decide to hate someone first, then invent a reason after. It’s a dumb law. Period.[/quote]
Mens rea is required for many crimes in the US. Only a few are completely excluded from this determination…statutory rape for one.
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Are you implying that killing someone for something not racially motivated is less of a “guilty mind”? Mens rea is unrelated to the specifics of the discussion.[/quote]
No just suggesting that debating a criminal’s thoughts is common in US law and in this case one frame of mind has been legislated to have a harsher penalty than another. Now it might be fair to argue(and I believe this as well) that all murder is equally foul, however to say its not fair to debate or try to prove someone’s state of mind, that I disagree with. I think hate crime law should be gotten rid of, however I don’t see a problem with trying to prove someone’s state of mind to get a harsher penalty.
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Sorry, I was editing that post when you quoted me. See below:
What we are discussing isn’t about culpability, nor is it altering the definition of a crime Murder is murder. Intentionally killing is intentional killing. Culpability isn’t in question.
It is reasonable to assume a fully functional adult knows that shooting someone in the head in cold blood is murder. It is not reasonable to assume a specific adult did it for a specific reason isolated to a specific racial variable of the victim.[/quote]
Pretty much I am in agreement with you I think all punishment for cold blooded murder should be harsh. I just would go for the harsher punishment and try to prove the mental state if it were possible as it is now.
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The question I always find myself asking in reference to hate crime law is, “if increased penalties for racial related crimes is a deterrent for such crime, why not apply the stricter penalties for all similar crime regardless of race and prevent all versions of the crime?” [/quote]
That’s wishful thinking. We’d love to prevent crime through stricter laws, but I doubt it would deter a jobless man with nowhere else to turn to and with the means to, to pick pockets and rob small grocery stores.
Some criminals aren’t cold-blooded. It’s not popular to think that yes, some criminals can even be “good hearted”, just really stuck between a rock and a hard place with their governments doing little to help them put bread on the table. And I agree with at least trying to establish the frame of mind a suspect is in, that way, a more suitable punishment can be handed down.
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Can you expand on that last point. Are we talking about Emotion or Intent?