Notes on idiotic simplicity
Baron Max said:
Oh, geez, where the fuck have you been, Tiassa??
Obviously, somewhere other than under your rock.
It has nothing to do with racism!!! The complaint against the "hate crimes legislation" is that it provides a harsher punishment for the same/similar crime .....JUST BECAUSE OF THE VICTIM'S RELIGION, RACE, CREED OR COLOR.. See? It deems one person more important than a "normal" person.
Just like the housewife getting beaten by her husband is more important than the "normal" person who gets popped in a bar fight?
It has everything to do with bigotry, Max. Your focus on the victim completely ignores the determination of a perpetrator's culpability. As such, the result is that bigotry—prejudice, racism, supremacism, hatred, &c.—should be, by the complaint against hate crimes, exempt from considerations of culpability.
So why should this be? Why would
you empower racism to be exempt from consideration? Maybe self-interest?
Try to follow the scenario below:
** If Joe beats the shit outta' Mike and is arrested for it. His sentence for simple assualt is, say, 5 years in prison.
** If Joe beats the shit outta' Mike and is arrested for it. During the investigation, they discover that Mike is a Muslim. They also discover that Joe has never liked Muslims. The prosecution deems it a hate crime, and the sentence is then increased to 10 years in prison.
See? Under the hate crime laws, the Muslim is deemed more important than the "normal" guy ....even though the "normal" guy is the same freakin' guy!! There's no other reason for the sentence to be increased other than his religion. Joe obviously "hated" Mike or he wouldn't have beaten the shit outta' him in the first place!
See
Apprendi v. New Jersey. Learn something about how hate crime prosecutions work. In other words, have a clue what you're talking about instead of just ranting emotionally in defense of your own pathetic hatred.
Take your second scenario:
How is the sentence increased?
"The prosecution deems it a hate crime, and the sentence is then increased to 10 years in prison."
It isn't such an idiot-simple process in our justice system. Indeed, you should be happy about the
Apprendi decision, since it carved out a special place for hate crimes in jurisprudence. In order for the hate crime to be applied and the sentence increased, a jury must accept the hate-crime argument. This was supposed to apply to all similar sentence enhancement, but it doesn't. Hate crimes are protected in ways that other, similar "enhanced" crimes aren't.
Furthermore, under the hate crime laws, the increased sentence does not reflect the primacy of any race, creed, or otherwise. Rather, it looks at the danger an offender presents to a community. If Joe beats the shit out of Mike for a disagreement about the Milwaukee Bucks while they're grilling brats out back, there is a reasonable argument to be made that Joe isn't really that much a danger to the community.
To the other, if Joe goes out and beats the holy living shit out of an Ethiopian immigrant just because he's Ethiopian, it's a much harder argument to make that he isn't so dangerous.
Your argument is so individually centered that it ignores society at large, and that's what the justice system is part of and what it is supposed to uphold.
Go back to think about that, Tiassa. And next time, think a little before posting your drivel with all of the footnotes and bullshit ...intended to make people think you know what the fuck you're talking about!
How 'bout this, instead, Max? You need to go somewhere and buy a clue so that you're capable of actually arguing a real point instead of making an unholy fool of yourself.
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Notes:
Suter, William. "Syllabus". Apprendi v. New Jersey. Supreme Court of the United States. June 26, 2000. Legal Information Institute at Cornell University. December 27, 2009. http://www.law.cornell.edu/supct/html/99-478.ZS.html