Why Hate Crime Laws are Stupid

Discussion in 'Law and Justice System' started by manifold, Mar 19, 2009.

  1. manifold
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    manifold Diamond Member

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    Here are my reasons for concluding that hate crime laws are stupid. Please disagree with any or all of them as thoughtfully and reasonably as you are able.

    1. They are unneccesary. The criminal acts themselves are already against the law and judges already have significant latitude when it comes to sentencing.

    2. Juries are already asked to bear the heavy burden of determining whether the defendant is actually guilty of committing the crime for which he is accused. To burden the jury further with a secondary determination regarding the defendants motives is unfair to both jury and defendant.

    3. Introducing the motivation element to the trial process naturally biases the jury toward believing the defendant is guilty of committing the crime in the first place.

    4. Perhaps a bit more nebulous, but it seems to me that hate crime laws represent the implicit policing of thought.
     
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  2. xotoxi
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    xotoxi Platinum Member

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    So in essense, the judge could use his/her latitude without any basis in law and without any specific to determine if the crime was significantly impacted by hatred for a group, and increase the punishment as they see fit.


    We don't want to burden the juries? :lol:


    That is a good point...

    Maybe these laws could be enforced as part of sentencing and thus they could not taint the jury's judgement of the crime itself.


    Nope. I've already given my opinion on that. There would have to be specific evidence that the individual had hatred towards a group, not just the individual.

    Conversely, the "policing of thought" would also be applicable when deciding if a murder is premeditated or not.
     
  3. AllieBaba
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    AllieBaba BANNED

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    Hate laws are a form of discrimination.
     
  4. manu1959
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    manu1959 Left Coast Isolationist

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    crimes are a function of hate by definition......calling it a hate crime is redundant....

    it is like the insanity defense.....people that commit crimes be definition are not sane....sane people do not commit crimes....
     
  5. xotoxi
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    xotoxi Platinum Member

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    Crimes are a function of hate of an individual.

    Hate crimes are a function of hate to a group to which the individual belongs. The individual happens to just be the object from that group on which the crime is committed.
     
  6. del
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    del BANNED

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    a crime is a crime. if i kill someone, are they more dead because they possibly represent some group i hate? sorry, that dog won't hunt.
     
  7. editec
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    editec Mr. Forgot-it-All

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  8. AllieBaba
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    AllieBaba BANNED

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    It used to be a crime for black people to use the same bathrooms as whites. Just because a crime is a crime doesn't make it reasonable.

    Hate crimes are a tool used to engender hatred and racial and cultural tension, nothing more. There is no reason in the world that a person who kills someone because he's BLACK should get a stiffer (or lighter) sentence than someone who kills someone because he wants his car. Killing is killing.

    Likewise, we have freedom of speech. There's no reason why a person who incites people to riot because they don't like a verdict passed down in Supreme Court should get a lesser sentence than a person who attempts to incite people to riot because they object to homosexual marriages.
     
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  9. Ravi
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    Ravi Diamond Member

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    So...if we ever catch bin laden we should only charge him with multiple manslaughter?
     
  10. AllieBaba
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