Hate isn't a valid basis in jurisprudence: change my mind

[MaryL]

Isn't that rather obvious? How is a rather ambiguous and tenuous emotional state become a touchtone in our legal system? It's obvious "hate" can't be used to define anything legally. But here we are.

 

[MaryL]

I am blown away. Feelings and subjective interpretations come over objective rational proof. This is what we have come to.

 

[excalibur]

Isn't that rather obvious? How is a rather ambiguous and tenuous emotional state become a touchtone in our legal system? It's obvious "hate" can't be used to define anything legally. But here we are.

Since SCOTUS allowed "hate crime" legislation it has a race to the bottom.

 

[MaryL]

There was never any actual legal basis for injecting an emotional state into a crime ever. Its not justified, its political.

 

[Moonglow]

There was never any actual legal basis for injecting an emotional state into a crime ever. Its not justified, its political.

You are bereft of knowledge of what law is I see.

 

[SavannahMann]

Every crime is political. The Legislative Branch passed a Bill, and the Executive signed it into law. The Judicial Branch then weighed in over the next few years to determine if it was legal under whatever higher Political Authority.

Every law on the books took something that was legal at some point and made it illegal.

In fact, making things illegal is pretty much the definition of Civilization. It is society saying we will not tolerate that anymore.

Picture Hate Crimes like the Special Circumstances for Kidnapping and Murder.

If you were to murder someone in an argument. You will probably face many years in prison as a punishment. However if the person you are arguing with is a cop, or other person performing official duties, or a child, or a pregnant woman. Or the crime is especially brutal and outrageous. The courts may find that special circumstances exist to put you to death. Same basic crime. Murder. But it is the circumstances that make the more severe penalties appropriate.

Let's say you Rob a Bank. If you simply pass over a note demanding money with a gun barely visible or even simulated. That is seven to ten. If you wave the gun around, that is more time, if you fire off a shot, even more time is added on. If you say you have, or produce a bomb, that is a hell of a lot of years.

Hate Crime is much the same. It adds on time for the circumstances, the motivation.

It isn’t illegal to hate. It is illegal to act upon they hate. Let’s take the Brunswick Trio. The McMichaels and their buddy Roddy. In the State Case, they were convicted for their actions. Hate Crime wasn’t even an issue.

At the federal level it was an issue. For the Federal Crime the Prosecution had to demonstrate that the desire to murder Arbery was motivated by hatred. They had to show the decision to deprive Arbery of his civil rights was motivated by hate.

Frankly. The Federal Charges were a waste of money and time. Those three are never getting out of Georgia State Prison.

You are free to hate. You can hate anyone, any group you like. You can express your hatred. But, if you act upon that hatred, it becomes a special circumstance to demand a more severe penalty. That’s all.