Hate Crime Laws are Stupid

Baron Max said:
Because even before the "hate crimes" law, it was illegal to incite or commit violence against people. Now, with the "hate crimes" designation, some people are singled out to be treated special under the law. That means that law is discriminatory.

How can you not see that as discriminatory, Bells? Some people, because of their race, religion, sexual orientation, etc., are being singled out ...are somehow being placed above and beyond normal citizens, and being afforded special protection under the law. That's discriminatory, Bells.

Discriminatory on the basis of what? Race? Or the fact that you committed the actual crime?

FACT: the only people that hate crime laws are discriminatory against are those who commit *drum roll* hate crimes. Much the same way that murder laws discriminate against those who commit murders. That is essentially your argument here and I'm not afraid to tell you that it's' bad. Really bad. And trollish, too, Mr. U & WCA 65.
 
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Discriminatory on the basis of what? Race? Or the fact that you committed the actual crime?

What crime are you talking about, Will? Your questions make no sense in stand alone form. But that's okay, let's follow your beginnings and take it from there, okay?

FACT: the only people that hate crime laws are discriminatory against are those who commit *drum roll* hate crimes.

Interesting, Will, I never thought of it that way. Nice touch with the drum roll, I must admit. Let's go on a little further, okay?

So, tell me, Will, how do you know that a crime that's been committed is a "hate crime" ....WITHOUT... (drum roll, please) using discriminatory factors?

If a murder is committed, don't you have to know something about both the victim's and the suspect's race, religion, sexual orientation, etc ....in order to determine whether it's a "hate crime" or not? If so, isn't that being discriminatory?

If I tell you that a murder has been committed in Dallas, can you tell me whether it's a "hate crime" or not just from that info I told you? So, ....what additional info do you need to make the "hate crimes" determination, Will? And can that info be provided without using race, religion, sexual orientation, etc? Can you get that info without using discriminatory factors?

Baron Max
 
If a jury can prove a person was motivated to commit a crime on the basis of a racial or sexual prejudice its a hate crime end of story.

just seems like an intolerance to prejudice is what your really upset about here.
 
Does Wyoming have laws against murder? Is it illegal to murder a gay man in the state of Wyoming? If the answer to those questions is yes, then charging the murderer with a hate-crime serves no purpose other than to punish him or her for having unpopular social views.
There is a contradiction there. If it is illegal to murder a gay man, then you are punishing the murderer for having "unpopular social views".

Your acting as if there are vast areas of America where people of certain races and sexual orientations aren't covered by the same laws that protect everyone else. Is there some place in America that officially classifies crimes against certain groups of people as less serious simply because of their race, sexual orientation, etc.? If so, where is it?
Certain races and sexual orientations often provided the murderers with what was legally deemed a valid defense. I would suggest you read the transcripts of the defense used by Shepard's killers to see what I mean.

The reason for the hate crime laws is because in some instances, the local police will refuse to investigate a particular crime because of their own bias. One such example has already been provided in this thread. The hate crime laws allow the FBI to step in and investigate and prosecute where such an event occurs.

The hate crime laws also allows law enforcement to investigate and arrest people who incite hatred. I'll give you another hint.. the biggest opponents to the law are Christian groups who protest that it is their first ammendment right to protest or incite hatred against homosexuality and homosexuals or to denounce homosexuals or homosexuality.

Baron Max said:
And the "hate laws" designation did all that? When? How? Bells, I'm going to have to ask you for some further evidence of that statement. I'm just so sure that there were already laws in place for all of that. If you can show otherwise, then I'm definitely going to be damned surprised.
A question that was already answered previously, with links.

Learn to scroll up.

So in Wyoming, prior to the Shepard crime, there were no laws against a bunch of people torturing and killing another person??? ...we had to add a new federal law against it?
The law now to includes protection for homosexuals and transgender people, and I believe, homeless people as well, which some states did not provide for. So to use your argument, homosexuals and homeless people were special prior to this because were not protected by State laws.

So you think homosexuals are somehow special, and we should give them special treatment under the law? Why? What makes homosexuals so much more special than just regular ol' people?
The laws now also give homosexuals the same rights that every other class or group had under the previous law. Homosexuals were "somehow special" prior to this law because they did not have that protection. Get it now?

And no laws covered homosexuals before the new "hate crimes" law was passed? Before the law, anyone could od anything to a homosexual and it was permitted under the law???
Refer to above.

If the victim had been white, would that killing have been permitted? It was okay to drag white guys to death in Jasper, Texas, but when you drag a black guy to death, then .....we must call it a "hate crime"?
*Sigh*

Does the term 'strawman' mean anything to you?

Yes, I think it was racism and discrimination that prompted the attack and the murder. But it's also racism and discrimination to use racism and discrimination in the trial ...which should be completely clear of racism and discrimination.
Hang on. You think it was racism and discrimination that prompted the murder, but you don't think that motive should have been mentioned at the trial? You think it is racist and discriminatory to provide evidence for their motives?

Or perhaps, Bells, you want to use racism, bigotry and discrimination in order to fight racism, bigotry and discrimination? Is that it? An eye for an eye, a tooth for a tooth?
No Baron. I think if someone's motive for a crime should be brought up in court and the jury left to determine whether the person is guilty of that crime.

But apparently, if the person's motive is racism, bigotry or discrimination, you somehow believe that it should not be brought up or investigated because it would be racist or discriminatory against the accused to do so.

I think to have brought it up in the trial would have been prime examples of using bigotry and racism and discrimination to unduly influence the jury.
No my speshual little man. The jury needs to know what the motive for the crime was in order to convict or not convict. You are basically arguing that there should be no trial at all and that a person's reasons for committing a crime should not be looked at. For example, lets just say that you are accused of shooting an intruder in your home. If we were to use your line of argument, your motive for shooting the person should not be factored into at all.. ie. the fact that you shot the intruder in self defense should not be looked at or brought up in your trial. Get it now? Or are you suggesting that the only time that motive should not be investigated or brought forth in a trial is if it involves racism or bigotry.. which is racist and bigoted in and of itself.

Bells, do you think that it's okay to use racism and bigotry to fight racism and bigotry? Please, if you answer no other question or point, please answer that one. Do you think that it's okay to use racism and bigotry to fight racism and bigotry?
Explain to me how investigating the motives for a crime is somehow racist or discriminatory?

I do not think it is racist to tell a jury and provide evidence of a criminal's motive, regardless of whether the crime is one based on racism, bigotry or not.

Does it, did it, matter? The suspects were already found guilty of the vicious, cruel, horrendous murder.
Why do you think they were found guilty? Do you realise that their motive was brought in as evidence to convict them? Oh wait, you think that's racist.:rolleyes:
 
**Originally Posted by Baron Max: "So in Wyoming, prior to the Shepard crime, there were no laws against a bunch of people torturing and killing another person??? ...we had to add a new federal law against it?”

The law now ... includes protection for homosexuals and transgender people, and I believe, homeless people as well, which some states did not provide for. (Baron Max added the bolding) So to use your argument, homosexuals and homeless people were special prior to this because were not protected by State laws.

Are you saying that some states in the USA, prior to the Matt Shepard killing, permitted/allowed murder of homosexuals and transgendered and homeless people??? Are you sure of that? And Wyoming was one of those states? Bells, do you have any evidence for making such statements?

***

Bells, I think your statements that "hate crime" laws are intended to allow the FBI to investigate crimes that local authorities might not want to investigate thoroughly because of their possible bias is probably the best one I've heard for such special laws.

However, I have a major problem with that for several reasons, not the least of which is ...why call it "hate crimes" law? Why not just call it a special authority for the FBI to investigate? Why make it as if it's only for "special people" crimes? In other words, Bells, if someone is murdered in XYZ, but the victim is NOT a minority, etc, does the FBI investigate that crime as well? ...even if it's a regular white guy murdering another regular white guy? If not, then don't you agree that the "hate crimes" law is discriminatory?

Another problem I have is ...how does the FBI find out that some crime in XYZ is a "hate crime"? And how does the FBI find out that the local authorities are not investigating it properly? Is it possible that someone who hates the local cops can call the FBI just to cause trouble?

I do have a problem with federal authorities pushing their way into a local police jurisdiction, but I can see how things like that might be necessary and prudent. But that still brings up the issue of ...why call it or imply that it's a "hate crimes" law instead of a ....law of police jurisdiction? ...as if it's ONLY for crimes involving race, religion, sexual orientation, etc. See? If the cops are lousy cops, then they're lousy cops for all crimes, not just those involving minorities, etc.

See? Why not for all crimes in that, or any, district with the lousy, biased cops? Why is this a law about discrimination and hatred, etc in lieu of a crime of police competence?

Another problem I have is ...who polices the FBI? Since I think the FBI is made up of humans, then it's entirely possible that there are agents who are biased, too. So ...who checks on the FBI agents' investigations?

But I think I'm done with this thread. I think everything I needed to say has been said, several times, I'm sure. Bells, if you respond, please try to post comments as opposed to questions or points that you want me to answer. This thread is just no fun anymore.

Baron Max
 
I agree with Bells on the point that Profiling is effective. Although I believe that most ARE hate crimes.
 
Baron Max said:
This thread is just no fun anymore.

I'm not surprised, given the trouncing you've received from Bells.

I mean - really - to claim that motive is not relevant to a criminal trial really is particularly inane, even for you.
 
god i cant belive this thread is STILL going on. here is a question for you

Is it worse to beat up a child or a fully trained solder? The child of course because a solder can defend themselves to a much higher level than a child can.

Its the same with hate laws, they are designed to protect the vulnerable from abuse. If person x thinks "hes just a fag and i will only get a minor assult charge on my record if the cop even cares enough to investigate", then this is a problem for goverment. Both in terms of ensuring that these thoughts dont even enter into it (ie insted it will be "hes just a fag but if i beat him up for it then im going to have the crime upgraded to agravated assult because hes just a dumb fag") AND in making it clear to the cop that the goverment expects him\her to take this crime seriously.

The same reason we have domestic violence laws which are specific to domestic volence. They COULD be delt with as simple assults.

Hell you could argue that RAPE is a SPECIFIC catigory of assult as well and that it should all just be simple assult. But nither the people nor the goverment agree with you
 
I'm not surprised, given the trouncing you've received from Bells.

So you thought you'd come down and give me a few kicks while I'm down? I've seen you reprimand others who do that very thing, James, does that mean that, like this hate laws thing, you think you're above the law, that you should be treated special under the law for some reason?

I mean - really - to claim that motive is not relevant to a criminal trial really is particularly inane, even for you.

Where did I say that, James?

Baron Max
 
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...hate laws, they are designed to protect the vulnerable from abuse. If person x thinks "hes just a fag and i will only get a minor assult charge on my record if the cop even cares enough to investigate", then this is a problem for goverment. Both in terms of ensuring that these thoughts dont even enter into it (ie insted it will be "hes just a fag but if i beat him up for it then im going to have the crime upgraded to agravated assult because hes just a dumb fag") AND in making it clear to the cop that the goverment expects him\her to take this crime seriously.

So you think the fag should have special treatment under the law? If some guy beats up a regular guy, that's okay with you and doesn't need any special investigation. But if the victim is a fag, then he should get special treatment?

Again, ....I think there's two distinct issues here, yet people seem to want to lump them together.

The first is the issue of the cops not being good cops or being biased in their investigation. And in that regard, y'all seem quite content for those police to investigate regular assault and murders. Yet, as soon as a gay or black or whatever minority is assaulted or murdered, you want to raise hell. Don't regular folks warrant your same indignation and anger? Or is it, once again, that gays and blacks, etc should receive special treatment?

The second issue is the crime itself. No one seems concerned about how some crime becomes designated as a "hate crime". How does that happen? Who decides?

Can anyone call the FBI and complain about a crime in their town, and then the FBI flies down and takes over? What if the people who call have a beef against the local cops and just want to cause problems? And when the FBI agents arrive, who makes sure that the FBI agents aren't biased and prejudiced?

No, there's something distinctly wrong with the "hate crimes" designation. And my personal thinking is that it's distinctly prejudicial and discriminatory. And it also affords special treatment under the law for only a small segment of the population ...making the Constitution ideals of equality under the law as a joke.

Baron Max
 
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?

Well first of all paedophilia isn't a crime as far as someone having sexual desires for children the crime is acting upon those desires so it is the rape that is being prosecuted. Motives are relevant yes especially if you are trying to ascertain whether a crime was an accident or provoked but what does this have to do with sentencing? Whether you shoot someone because you want their money or because they are black the motive is secondary to the fact that a life was taken.

I think we are mixing apples and oranges. If a crime is not being investigated because the police or judicial system is corrupt then it doesn't really matter what law you place on the books, one has to clean up the system first. The reason why those cases were not investigated had nothing to do with the law but the willingness to carry out the law, hate crimes do not guarantee that the laws are working. It has been a very long time since one can claim that crimes against minorities are not being prosecuted so the history doesn't convince me that hate crimes are necessary. My point still remains that if you kill someone then you should be convicted of murder not 'hatred'.

Shepard's killers shouldn't be tried with a hate crime they should be tried for the crime they committed. Hate crimes didn't prevent two ex convicts from dragging Byrd's body all through Jasper, Texas. They were convicted of capital murder and received two death sentences and one life in prison. So please explain to me how the use of hate crime legislation could have further impacted such a case? Why is it that in old conservative Texas they found their way towards a conviction if crimes against minorities are not being investigated?

Somewhere you asked whether it is discriminatory that a hate group cannot commit an act of violence or incite violence against another group or person?

Well hate groups still can commit acts of violence. These laws cannot PREVENT acts of violence. A member of a hate group understands very well that if they commit an act of violence they may very well go to jail its just they don't care about the consequences. The guys who dragged Byrd were ex cons and they understood full well what can come from committing capitol murder but they did it anyway.

Bells: The law now to includes protection for homosexuals and transgender people, and I believe, homeless people as well, which some states did not provide for. So to use your argument, homosexuals and homeless people were special prior to this because were not protected by State laws.

What do you mean they were not protected by the law? The law is plain. Murder is illegal whether the person is homeless or not, gay or not, black or not.
 
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So you think the fag should have special treatment under the law? If some guy beats up a regular guy, that's okay with you and doesn't need any special investigation. But if the victim is a fag, then he should get special treatment?

Again, ....I think there's two distinct issues here, yet people seem to want to lump them together.

The first is the issue of the cops not being good cops or being biased in their investigation. And in that regard, y'all seem quite content for those police to investigate regular assault and murders. Yet, as soon as a gay or black or whatever minority is assaulted or murdered, you want to raise hell. Don't regular folks warrant your same indignation and anger? Or is it, once again, that gays and blacks, etc should receive special treatment?

The second issue is the crime itself. No one seems concerned about how some crime becomes designated as a "hate crime". How does that happen? Who decides?

Can anyone call the FBI and complain about a crime in their town, and then the FBI flies down and takes over? What if the people who call have a beef against the local cops and just want to cause problems? And when the FBI agents arrive, who makes sure that the FBI agents aren't biased and prejudiced?

No, there's something distinctly wrong with the "hate crimes" designation. And my personal thinking is that it's distinctly prejudicial and discriminatory. And it also affords special treatment under the law for only a small segment of the population ...making the Constitution ideals of equality under the law as a joke.

Baron Max

you missed the fundermental difference. Is there any difference between a teller who works in a bank and a person who works late night in a petrol station? no, however the petrol station attendent is a "soft target", nither goverments nor companies can aford to put armed guards in petrol stations so they introduce laws to deal with criminals who hit soft targets. This doesnt just go for companies but people to. Minority groups shouldnt have to live in fear because of who they are anymore than the rest of us do. There for the goverments introduce laws which improve the protections for these groups. Further more the community as a whole decides that these crimes are worse than the adverage bar brawl. Just the same as it conciders rape to be worse than a bar brawl and an armed holdup at 03:00 at a petrol station to be a worse crime than taking a loaf of bread from the local woolworths.

Motive ALWAYS matters in a crime. For instance the crime of spiking someones drink carries different penelties depending on if it was a non harmful substance done as a stupid joke compared to spiking someones drink for the purpose of rape or where the person dies. All 3 carry compleatly different penelties.

As people have previously pointed out, killing someone carries different penelties depending on motive. Self defence carries no penelty (if justifided) or a light penelty, culpable driving carries a different penelty, killing someone during a psycotic episode carries a "penelty" of inforced treatment insted of punishment, killing someone on the batlefield carries a medal and lastly murder carries a life sentance.

Even "murder" has different levels, killing your partner in a fit of rage because you found them cheating used to carry quite a low sentance generally (that has rightly been toughened up), killing someone because you could then collect on there life insurance on the other hand carries a VERY high sentance

All these reflect intent. If it didnt the pilot who bombed the weding in afganistan would be executed for murder under the US uniform code of justice the same as some who abducts a young child and tortures and then kills them purly for the pleasure of there screams.

is this seriously what you want? would you surport killing that pilot because they made a stupid mestake in the heat of battle? What about the driver who came off an 18 hour shift as an intern at a hospital, got in his\her car and drove home acidently killing a pedestrian because s\he fell asleep at the wheel. There intent was not to kill someone but rather to get home to bed. Do they deserve the same penelty as the sadist?
 
The only motive which should matter is self-defence. If it's not self-defence, then the beliefs of the accused should be completely irrelevant. If you murder someone, then I don't care if you're sober or drunk, sane or insane, racist or a hypocritical hippy; the person is just as dead either way, and you did it. If you weren't defending yourself, you should be in prison, to punish you and to protect the rest of society.
 
There is a contradiction there. If it is illegal to murder a gay man, then you are punishing the murderer for having "unpopular social views".

There's no contradiction. A law against murder only prohibits certain actions. It doesn't punish one for his or her social views.

Certain races and sexual orientations often provided the murderers with what was legally deemed a valid defense. I would suggest you read the transcripts of the defense used by Shepard's killers to see what I mean.

So? There's always a reason for why someone commits a crime. That doesn't mean the reason is good or validated by our laws.

The reason for the hate crime laws is because in some instances, the local police will refuse to investigate a particular crime because of their own bias. One such example has already been provided in this thread. The hate crime laws allow the FBI to step in and investigate and prosecute where such an event occurs.

Do you have recent examples of this occurring on a widespread basis?

Wouldn't it be better to simply empower state or federal law enforcement to take over investigations in these cases without passing bad laws just to get the federal government's foot in the door?

The hate crime laws also allows law enforcement to investigate and arrest people who incite hatred. I'll give you another hint.. the biggest opponents to the law are Christian groups who protest that it is their first ammendment right to protest or incite hatred against homosexuality and homosexuals or to denounce homosexuals or homosexuality.

Can you clarify what you mean by "incite hatred"?

I'm not a Christian and I have no problem with gay people, but I'd say that arresting people simply for denouncing homosexuality is DEFINITELY a violation of our Constitutionally-protected right to freedom of speech. The First Amendment isn't just for people we agree with...
 
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