Hate Crime Laws are Stupid

Discussion in 'Ethics, Morality, & Justice' started by madanthonywayne, Dec 24, 2009.

  1. Bells Staff Member

    Messages:
    24,270
    You seem surprised.

    He has been identifying himself and his ideals on this forum for years now.

    His reasoning is thus. One should be allowed to kill a nigger, queers, etc, because they are a nigger, a homosexual, etc and not face a harsher sentence. That is what he deems equal.

    He is unable and unwilling to acknowledge why we have hate crime laws. After your country suffered such crimes as that of the Matthew Shepard and James Byrd Jr., it was a harsh realisation.. that there are people within society who will kill another because of their race, sexual orientation, sex, etc.

    Hate crime laws are a message to society that such bigotry and such hatred will not be tolerated by the justice system and by society. For Baron however, that whole concept is bigoted. Why? Because if he wants to shoot a nigger or a coon from his front porch, because they are black, then he should be allowed to do so and not face any harsher punishment for the hatred and bigotry that led to his crimes.
     
  2. Google AdSense Guest Advertisement



    to hide all adverts.
  3. madanthonywayne Morning in America Registered Senior Member

    Messages:
    12,461
    Personally, I think the penalty for first degree murder should be death regardless of the motive of the killer. I'm not sure how you can make that penalty more severe.
    Those people should be put to death. Do you suggest a harsher sentence than that? Not because they're racists, but because they commited premeditated murder. If someone decides to go out and kill a nigger (to use your term) or a homosexual, that's premeditated murder and deserves death. Their racism serves as the motive for the crime, but I don't see the need to create a whole new category of crime to take that into account.
     
  4. Google AdSense Guest Advertisement



    to hide all adverts.
  5. Randwolf Ignorance killed the cat Valued Senior Member

    Messages:
    4,201
    I don't understand the whole uproar here. As many have already pointed out, punishment often differs depending on circumstances. The killing of another human being comes immediately to mind, we have about 6 different degrees: Murder 1 (premeditated, no mitigating circumstances, etc. - often resulting in the DP or life imprisonment), down through manslaughter and self-defense. In all cases, the actions of one resulted in the death of another human being. Should these differences in culpability and levels of punishment be chucked out the window?

    How about assault? Beat someone up, and it could be simple assault. Beat someone up, and if you are highly trained in martial arts, then the crime can be raised to assault with a deadly weapon, tripling the possible sentence. This is regardless of the actual physical harm inflicted on the victim.

    Then, back to murder, if you are anywhere near a homicide that occurs during commission of a felony, up you go for "felony-murder", even if you were not actually involved in the killing!"

    How about possession of drugs? You can be caught with the exact same amount of a particular controlled substance, but if you happen to have it broke up into several smaller bags - possession with intent is assumed, which can get you a hell of a lot more years. This is solely based on "intent".

    Why should it be different with "hate related" crimes? If your motive was to (kill, maim, beat, etc) someone because of the color of their skin or the particular "God" they follow, society deems this worse than beating someone up in a plain old bar fight. So what?

    Motive is part and parcel of the crime, and many people believe that certain motives are deserving of harsher punishment. To be logically consistent when campaigning against this particular idiosyncrasy of the law, than be fair and ask for all discrimination to be removed. Murder is murder, theft is theft, assault is assault, etc. Do you really feel this way?

    I think that some motivations indicate a higher likelihood for recidivism and should carry harsher sentences. Furthermore, if your particular brand of justice includes punishment, a more heinous crime calls for a more severe punishment (sentence).

    Any mixture of the above reasoning involves illogical premises and should be declared unfair prima facie...
     
  6. Google AdSense Guest Advertisement



    to hide all adverts.
  7. Bells Staff Member

    Messages:
    24,270
    A lot of hate crimes do not amount to murder though, hence why the harsher penalty.

    Let me put it this way. Lets say a person sees a homosexual and decides to beat him to the point where he is rendered a vegetable, because he is a homosexual. No other reason or motive. Don't you think that person deserves a harsher penalty? Don't you think the motive behind it deserves a harsher penalty?

    Hate crimes have allowed some people to get the death penalty where it would not have applied under any other circumstance.

    Not all hate crimes amount to murder. I sometimes wonder what would have happened if Shepard and Byrd had not died of their injuries.. What would have happened then? Do you remember the protests outside of Shepard's funeral and when his killers were brought to trial? The message there was that his killers had done nothing wrong.. they had killed a "faggot", an abomination in the eyes of God and therefore should not be punished. Some even cheered the killers and saw them as heroes.

    Racism and bigotry have no place in society and hate crime laws reflect that.

    I used the term "nigger" for a purpose. It makes people uncomfortable. And it is more confronting.

    Look, there are people out there who would gladly kill a black person because they are a "nigger". In times gone by, some such individuals would have walked out of court with just a slap on the wrist. You can't deny it. It is a part of history. Hate crime laws are in place with the hope that those days are behind us.

    You might think the laws themselves are stupid, but they serve a purpose.
     
  8. Doreen Valued Senior Member

    Messages:
    4,101
    Before hate crime laws these people were guilty of the same crime they are guilty of now. I don't see what your point is.
     
  9. Doreen Valued Senior Member

    Messages:
    4,101
    So many misunderstandings.
    1) a black person can be found guilty of a hate crime against a white
    2) the idea of a hate crime is not to punish your emotions. Many people hate the person they beat up. the idea is that the victim pool is spread out over a whole group. If a black person in a small town is dragged behind a pickup truck because he is black, other blacks are also, to some degree victims. If the guy is dragged behind the car because he was a jerk or because someone didn't like losing to him in pool, the other blacks do not have to be afraid in the same ways they might in the first situation.
     
  10. Doreen Valued Senior Member

    Messages:
    4,101
    Nope. Any person can be the victim of a hate crime, regardless of their race, etc.

    And again. The idea is that the physical victim in a hate crime is not the only victim. Whereas a crime based on other issues does not have the same effect.
     
  11. madanthonywayne Morning in America Registered Senior Member

    Messages:
    12,461
    It just seems ridiculous that they mention the fact that it wasn't a hate crime as though that's some sort of mitigating factor. They even make a point of mentioning that he was beaten by a rainbow coalition of thugs rather than thugs whose racial background was uniformly different from that of the victim's. Cold comfort.
     
  12. Doreen Valued Senior Member

    Messages:
    4,101
    Sure if everyone who murders gets the death penalty than hate crime murder is a silly concept. But with other crimes it can be more logical. The idea with hate crimes is that when one person in a community is attacked for being in some category, then other people in that category are victimized also. When a black was lynched in the South, other blacks were affected in ways other people were not. If someone kills a homosexual for being a homosexual, this is going to affect homosexuals in a way that they will not be affected if a homosexual is mugged and killed and there is no reason to believe his sexuality was an issue.

    It makes sense to raise the stakes because the effects are more widespread. And a gay killer of a straight for being straight falls into the same reasoning. It would be a hate crime.
     
  13. Doreen Valued Senior Member

    Messages:
    4,101
    This seems rather factual to me....


    I think the problem is the label 'hate crime'. It is not the emotion that is the issue. I mean, most assaults have hate involved. I don't want to get into arguments over what the right name should be, but I think the article, which does not say it was mitigating, would have sounded neutral if hate crimes had a nother name.

    Category violence

    for example.

    I don't want to put this forward as the right name, just trying to give you an idea of how that sentence might have read otherwise.

    But again, these are facts - if they are - and relevent. If I am a Hispanic kid living in that area it makes a big difference to me if 13 people beat up someone because they were hispanic. That information is information I would want to know and, possibly, I would take precautions I would not take if I knew it was about a girl or over football starting line ups or whatever.
     
  14. Mrs.Lucysnow Valued Senior Member

    Messages:
    9,879
    But here is what bothers me Bells, Hate Crime Laws do not deter hate nor bigotry nor does it prevent violent crimes against minorities, it just gives longer sentences for said crimes. The same crime without bigotry receives a longer sentence, my point is that if crime is crime it doesn't really matter if the motivation was motivated by bigotry. If there is legislation against violent crimes against persons then why have a special law? Unless we consider set groups as somehow 'special'. What's wrong with simply prosecuting violent crimes?

    If a man throws acid in a woman's face because she has spurned him would it make it that much worse if he had done so because she was of a different color or religion? (I use acid attacks as an example only because there have been a dozen here this past month used against women all under the age of 25 and I find it the most cruel violence you can met out)

    Hate crimes suggest that the penalties we have for assault, murder, harassment etc are not good enough. Maybe we should just have a higher penalty for ALL crimes regardless.
     
    Last edited: Dec 28, 2009
  15. Baron Max Registered Senior Member

    Messages:
    23,053
    Agreed.

    Agreed.

    Agreed. And obviously "The Law" agrees, too. "The Law" deems discrimination because of race, creed, color, gender, sexual orientation (and a whole bunch of other things!) illegal and in violation of the Constitution of the United States of America. See? Even "The Law" is against hate crimes legislation!!

    And yet, here, and in the hate crimes laws that have been passed, we have pure, clear, obvious evidence of discrimination because of race, creed, color, gender, sexual orientation (and a whole bunch of other things!). Why can't y'all see that?

    Baron Max
     
  16. phlogistician Banned Banned

    Messages:
    10,342
    Wow, this thread is making me feel uncomfortable. I find myself agreeing with WillNever!

    Hate crimes need to be punished as such. I don't think anybody would stretch freedom of speech to accomodate inciting violence against any group, and that is the basis of hate crime legislation, in the UK at least.
     
  17. phlogistician Banned Banned

    Messages:
    10,342
    Er, OK, but if he had been beaten up by a group of white boys shouting 'kill the <insert favourire relevant racial slur>' and the fact that race was their sole motive, what would you think then?
     
  18. Baron Max Registered Senior Member

    Messages:
    23,053
    Yep! Absolutely! And perhaps that's exactly what "hate crimes legislation" is all about ...wanting harsher penalties, but unwilling to go the extra step to making them all harsher.

    Maybe the next step will be adding more "things" so as to make the penalties harsher. Maybe this is just a way to get around all the mamby-pamby, liberal doo-gooder affection for criminals?

    Baron Max
     
  19. Baron Max Registered Senior Member

    Messages:
    23,053
    So you agree that discrimination should be used by the law and the courts so as to make one group different to another group under the law?

    Baron Max
     
  20. Baron Max Registered Senior Member

    Messages:
    23,053
    No, Bells. I think if I should murder a nigger or a queer, then I should be convicted of murder and serve the required term in prison or be executed according to the law. But I don't think, however, that that punishment should be different if I'd killed a white guy or a heterosexual man.

    Ooops, oh, wait, Bells. Are you saying or implying that blacks or queers are somehow different or more important than white guys or heterosexuals????

    But regular ol' crimes SHOULD be tolerated by the justice system and society?

    And, Bells, how can one write a law against thinking something? Hatred and bigotry are simply thoughts about different people, that's all. You might not like it, but what the hell, people have thoughts about other people all the time. Some of it is good, some of it is neutral, some of it is bad.

    And, Bells, if you hate bigots so much, aren't you doing the very same thing that you claim to hate ....being a bigot?

    Baron Max
     
  21. Bells Staff Member

    Messages:
    24,270
    Mostly because in the past, homosexuals and African Americans, as on example, were not protected duly by the criminal legislation. Hate crime laws force the legal authorities to prosecute and it gives the federal law enforcement the ability to investigate such crimes. That is what many of you don't seem to be grasping. In recent times, beating up a homosexual or a black person would result in little to now punishment. Now if a hate crime is reported, the law ensures that it needs to be investigated.

    For example, were you aware that Shepard's killers were not tried under a hate crime? Do you know why? Because during that time, killing a homosexual was not deemed a hate crime. Nor was beating a homosexual with intent to harm or kill because the individual was a homosexual.

    Violent crimes would normally be prosecuted. But until quite recently, crimes against racial minorities and homosexuals were not prosecuted or even reported. Your country has had hate crimes for a long long time. However it was not enough. It has come back into the limelight after the Shepard and Byrd killings, and the laws now do the following:

    The second point is quite important. There are many local authorities who will not investigate and have not investigated hate crimes in the past.

    You need to look at motive. Yes, it is not a deterrent, but the laws that were passed recently in the US is a reflection of the horrors that your country faced when confronted with the brutal slaying of two people, simply because of their colour and sexual orientation.

    A crime is a crime is a crime. However hate crime legislation looks at the motive behind that crime. Let me ask you a question. Do you think an adult who rapes a child should be charged merely for rape or should paedophilia also be a crime?

    Quite the contrary. Hate crime legislation offers protection for all against crimes committed against a person motivated by bigotry. Do you see that protection as being discriminatory?

    You simply just don't get it do you?

    "Blacks and queers", along with whites, hispanics, asians, jews, Muslims, hetrosexuals, abled and disabled, etc, are protected under the legislation.. equally. If a crime is committed against any individual and the motive is bigotry, then it is a hate crime.

    In the past it was, if the crime was against a racial minority or those of a different sexual orientation. And in the past, killing a black person or a homosexual resulted in no punishment at all under the justice system.

    Racial minorities and homosexuals were only protected from violence against their person if they were voting or going to school. That was the only time where attacks against them were to be prosecuted. That was the only time where they had protection against attacks or murders that was motivated by bigotry.

    You can think it as much as you damn well like. When you cross the boundary and commit an act of violence because of your bigoted thoughts, it becomes a hate crime. Quite simple really. You might not like it, but that's the way it is. So, suck it up Princess.

    Please Register or Log in to view the hidden image!



    I don't hate you.
     
  22. phlogistician Banned Banned

    Messages:
    10,342
    Do you know what the word 'any' means, Baron?

    Or are you pulling your usual straw man schtick, arguing something different to what I have actually said. Oh yes, you are.

    Debate honestly or don't reply to me.
     
  23. GeoffP Caput gerat lupinum Valued Senior Member

    Messages:
    22,087
    Ditto.
     

Share This Page