Woodruff wrote:PLAYER57832 wrote:Woodruff wrote:
But it DOESN'T MATTER if they feel it is justified or not. They do the crime, they do the time...that something is a "hate crime" should be irrelevant. It's like saying that the life of a homosexual or a black or whatever is more valuable than the life of someone else, because they need a special law that is more severe. Hate crime legislation does not pass the logic test for a just society.
King doctor nailed one aspect well.
Intent does matter in law, so does someone's potential to commit further crime. Someone who firmly believes that another class of humans -- be it another race, religion, sexual orientation, etc -- is inferior is going to continue the activities against others. Its like the difference between a psycopath who says "I am going to kill 20 people" and the guy who gets made and winds up killing someone in a fight.
That's my point...that sort of consideration (the potential to commit further crime) ALREADY EXISTS. Additional "hate crime" legislation is therefore superflous.
Except its not. Up until these laws were put forward, someone had a lot of latitude to discuss violance against specific groups. Unlike the psycopath, you then get the "mob mentality". It is as different as gang violance is different. They each require different laws because they are different.
Currently, you could argue that some of the gang statutes might apply, though that is a stretch because only sometimes are racists involved in a specific organized group. Often they just associate loosely or just think they associate with others (that is, many times racists think their views are shared by others who just are not "curageous" enough to speak up).
PLAYER57832 wrote:ALSO, you have to realize that one reason why hate crime is usually brought up is that it makes a crime a federal offense instead of a state or local one. When the law is used, it is often because local jurisdictions are not protecting that particular class of people and are leaving them open to abuse.
That is not typically true, no. There have been cases of it, yes. But as it has been written, hate crime legislation does not necessitate that any particular class of people being left unprotected or open to abuse.[/quote]
Woodruff, please you must know history well enough to know this is not true.
PLAYER57832 wrote:This last aspect is even the case now. Sometimes the hate crime statutes are used because the crime is more serious than other crimes, as mentioned above.
How can a crime be "more serious" than other crimes, simply because it is committed against a member of a particular group of people?[/quote]
Becuase it is not just an individual operating alone, at least the perception of the person doing the crime is that they are "defending their race", etc and are fully justified. This is not the case in any other type of crime, except extreme psycopaths, who ALSO have other laws.
PLAYER57832 wrote:However, when people start saying "more protections" and so forth..they usually are ignoring history. When people try to argue that these people are getting "extra" protection, they ignore the fact that they were not getting the protection they deserved under local laws and that this was why federal jurisdiction was needed, to ensure that they get the same protection as everyone else.
If the law already exists, then additional protections are exactly that.[/quote]
If the law was "black people must be protected", etc then that would be true. However, the laws are generic. Yes, they most often are implemented against whites perpetrating crimes against minorities, but that is because right now, those are the ones committing these crimes.
As I said above, really this is a case of the feds moving in because the states were NOT protecting the people equally.
Now, that said, whether homosexuals should qualify as a "protected class", like any other group is another question.