Lawyer: Lesbians’ assault on gay man can’t be hate crime

Discussion in 'Law and Justice System' started by del, Feb 24, 2012.

  1. del
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    Three women identified by their lawyers as lesbians were arraigned yesterday on a hate crime charge for allegedly beating a gay man at the Forest Hills T station in an unusual case that experts say exposes the law’s flawed logic.

    “My guess is that no sane jury would convict them under those circumstances, but what this really demonstrates is the idiocy of the hate-crime legislation,” said civil liberties lawyer Harvey Silverglate. “If you beat someone up, you’re guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure.”

    Prosecutors and the ACLU of Massachusetts said no matter the defendants’ sexual orientation, they can still face the crime of assault and battery with intent to intimidate, which carries up to a 10-year prison sentence, by using hateful language.

    “Someone who is Jewish can be anti-Semitic,” said ACLU staff attorney Sarah Wunsch. “The mere fact that someone is a member of the same class doesn’t mean they could not be motivated by hatred for their very own group.”


    Lawyer: Lesbians’ assault on gay man can’t be hate crime - BostonHerald.com

    :clap2:
     
  2. syrenn
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    i agree... crime is crime.

     
    • Thank You! Thank You! x 1
  3. asterism
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    asterism Congress != Progress

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    Interesting.

    What are you applauding Del?
     
  4. del
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    the entire article. it's perfect. this quote sums up my feelings about hate law

    “If you beat someone up, you’re guilty of assault and battery of a human being. Period."

    i think hate law is anathema to justice.
     
  5. Si modo
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    Si modo Diamond Member

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    Not a big fan of thought crimes, so this hate crime thing, I find ridiculous.

    But, as we do have hate/thought crimes....

    I don't know what the hell that guy is saying that it can't be hate if it's lesbain on gay man violence.

    Some women, and I suggest all go take a lookie at these three gems, simply hate men.

    True story.
     
  6. asterism
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    asterism Congress != Progress

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    I agree, especially the part where lesbians are supposedly immune to "hate crimes" because they beat up a gay man. Plenty of lesbians HATE gay men.
     
  7. del
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    del BANNED

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    there's plenty of hate to go around, but it's not a crime to hate.

    acting on it is another story
     
  8. asterism
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    asterism Congress != Progress

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    True. But being part of a group doesn't make one immune to hatred either.
     
  9. del
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    not at all. that's the beauty of this case.

    it's the iraq-iran war of hate crime :lol:
     
  10. C_Clayton_Jones
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    C_Clayton_Jones Diamond Member

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    A lawyer who never heard of Wisconsin v. Mitchell (1993), not good.

    In Mitchell, the Supreme Court ruled unanimously that Wisconsin’s hate crime law was Constitutional.

    An enhanced sentence may be imposed if an assailant "intentionally selects the person against whom the crime is committed because of the race, religion, color, disability, sexual orientation, national origin or ancestry of that person."

    Wisconsin v. Mitchell, 508 U.S. 47 (1993).
     

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