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RE: Is it a hate crime? - 10/29/2008 10:57:52 AM   
kdsub


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quote:

ORIGINAL: philosophy

FR

.....i've posted this before, but can't recall if i ever got an answer, so here goes again.

i do understand those who suggest that hate crimes could be prosecuted under existing legislation, rather than creating a new offence.........however, here's my point.

Was the Holocaust more than just mass murder? If we feel that events like that can be prosecuted as simple murder, then there is no need for hate crime legislation. If there is something more to it, if genocide qualitively differs from murder, then there is such a thing as hate crimes.


I understand what you are saying but what more could you do for murder than take their life. What difference does it make if the murderer took 1 life  or 1,000,000 lives...the most you can do is kill them once.

Butch

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RE: Is it a hate crime? - 10/29/2008 11:02:01 AM   
philosophy


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quote:

ORIGINAL: kdsub

quote:

ORIGINAL: philosophy

FR

.....i've posted this before, but can't recall if i ever got an answer, so here goes again.

i do understand those who suggest that hate crimes could be prosecuted under existing legislation, rather than creating a new offence.........however, here's my point.

Was the Holocaust more than just mass murder? If we feel that events like that can be prosecuted as simple murder, then there is no need for hate crime legislation. If there is something more to it, if genocide qualitively differs from murder, then there is such a thing as hate crimes.


I understand what you are saying but what more could you do for murder than take their life. What difference does it make if the murderer took 1 life  or 1,000,000 lives...the most you can do is kill them once.

Butch



...you misunderstand my point KD......what i'm asking is, is there a qualitive difference between genocide and murder, or a quantitive one. If the former then hate crimes do exist, if the latter then they don't.

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RE: Is it a hate crime? - 10/29/2008 11:08:46 AM   
kdsub


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 I think I get your point. But most people opposed to specific hate crime legislation don't deny the crime is a hate crime, but think there is no need for that legislation because the act is already covered by law.

Butch

< Message edited by kdsub -- 10/29/2008 11:45:40 AM >

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RE: Is it a hate crime? - 10/29/2008 11:12:08 AM   
philosophy


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quote:

ORIGINAL: kdsub

I think I get your point. But most people apposed to specific hate crime legislation don't deny the crime is a hate crime, but think there is no need for that legislation because the act is already covered by law.

Butch


.....certainlythat's one of the objections. Another common one is the idea that we ought not to legislate against emotional states.
i see it as the difference between robbery, and robbery with violence.  A hate crime for me is a crime that has an added component....one that adds further injury to the victim and society due to its unique bigotted nature.

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RE: Is it a hate crime? - 10/29/2008 11:15:26 AM   
LadyEllen


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If the argument is that intent has no place in determining the nature of a crime, then surely there is only murder - causing death incidentally or accidentally or deliberately is all the same. Since our legal systems distinguish crimes according to the intent of the offender in such cases, then it becomes a little incongruous to hold that beating up a Jewish guy for his wallet and beating up a Jewish guy for being Jewish but taking his wallet too, is the same thing.

E

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RE: Is it a hate crime? - 10/29/2008 11:17:23 AM   
kdsub


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I agree with you..see my burning cross post above... just your first example of murder is flawed because of the ultimate penalty

Your last is right on.

Butch

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RE: Is it a hate crime? - 10/29/2008 11:17:33 AM   
cloudboy


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Is the purpose of the act to incite violence or to make a political statement?

Does the act carry any kind of implied or overt threat to a particular person or group?

What kind of history surrounds the act?

In the Palin example, it does not look like the message is a call to assassination. Also, as Palin is not in CA, much less Hollywood, there is no threat to her personally by the particular individual. Next, as a white woman, its hard to conceive of this act as either racially or sexually based --- as there is little if any current history to suggest such targeting in a political context.

Finally, Palin is a public figure, which like it or not, exposes her to a wider range of "free speech."

I don't think Obama in the noose here would constitute a hate crime either, for many of the same reasons -- but the history of assassinations of civil rights leaders: the Kennedys, MLK, and Malcolm X -- along with our history of lynching blacks -- puts an Obama situation in a different category. I would not call this systemic bias, either.

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RE: Is it a hate crime? - 10/29/2008 11:24:25 AM   
SilverMark


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not too sure about that cory...I think it would be looked at akin to another tasteless artifact from our past.....the Lawn Jockey...still tasteless, still disrespectful and hateful but, probably coverd as free speech...

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RE: Is it a hate crime? - 10/29/2008 11:34:53 AM   
AMaster


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Yes it is a hate crime.  It goes way beyond free speech.

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RE: Is it a hate crime? - 10/29/2008 11:54:11 AM   
kittinSol


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Interesting - many American posters love to bash European countries for having anti hate crimes legislation - how do you suggest we apply this kind of thing in the United States?

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RE: Is it a hate crime? - 10/29/2008 6:08:48 PM   
TheHeretic


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quote:

ORIGINAL: philosophy

i see it as the difference between robbery, and robbery with violence.  A hate crime for me is a crime that has an added component....one that adds further injury to the victim and society due to its unique bigotted nature.



         That is the argument for them, Phil, but what happens when such prosecutions are applied selectively, based not only on the race of the victim, but the perpetrator as well?

         I do not think we should have these laws, but since we do, it seems to me they only prolong and reinforce racial inequalities, unless they are applied with a single standard.

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RE: Is it a hate crime? - 10/29/2008 6:13:40 PM   
philosophy


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quote:

ORIGINAL: TheHeretic

        I do not think we should have these laws, but since we do, it seems to me they only prolong and reinforce racial inequalities, unless they are applied with a single standard.


...i agree....but, as i think hate crimes do exist, then they ought to be applied in black on white situations as well as white on black. Seems to me the problem is not with the law per se, it is the application of it.

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RE: Is it a hate crime? - 10/29/2008 6:35:35 PM   
TheHeretic


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quote:

ORIGINAL: AMaster
  It goes way beyond free speech.



             And you get to reckon that line because...?   This is nowhere near yelling "fire" in a crowded theater.  This is exactly the kind of speech the First Amendment is supposed to place beyond the reach of government.

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RE: Is it a hate crime? - 10/29/2008 8:16:37 PM   
Blaakmaan


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quote:

ORIGINAL: TheHeretic

     So what I'm getting here is an attitude that we need to preserve an institutional racist bias in how our laws are enforced.  Is that about right?


So, when we're talking about "an institutional racist bias in how our laws are enforced," what you think of is a failure to prosecure somebody  who hangs Sarah Palin in effigy?

Really?

Unbelievable...!

By the way, hanging a political figure in effigy is pure political speech protected by the First Amendment, and not a hate crime.

If you wanted to know... and I'm doubting you did want to know...

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RE: Is it a hate crime? - 10/29/2008 8:21:48 PM   
Blaakmaan


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quote:

ORIGINAL: philosophy

quote:

ORIGINAL: TheHeretic

       I do not think we should have these laws, but since we do, it seems to me they only prolong and reinforce racial inequalities, unless they are applied with a single standard.


...i agree....but, as i think hate crimes do exist, then they ought to be applied in black on white situations as well as white on black. Seems to me the problem is not with the law per se, it is the application of it.



Actually, blacks have been and are prosecuted for hate crimes against whites, just like whites are prosecuted for hate crimes against blacks.

I mean, even hate crime prosecutions are an opportunity for whites to feel like blacks are getting special treatment, when the entire reason for those laws is to protect those who are the victims of racial hatred--which, for the most part, is not white people.

Does anybody on here actually research something before they post on it?

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RE: Is it a hate crime? - 10/29/2008 8:26:12 PM   
Blaakmaan


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quote:

ORIGINAL: cloudboy


Is the purpose of the act to incite violence or to make a political statement?

Does the act carry any kind of implied or overt threat to a particular person or group?

What kind of history surrounds the act?

In the Palin example, it does not look like the message is a call to assassination. Also, as Palin is not in CA, much less Hollywood, there is no threat to her personally by the particular individual. Next, as a white woman, its hard to conceive of this act as either racially or sexually based --- as there is little if any current history to suggest such targeting in a political context.

Finally, Palin is a public figure, which like it or not, exposes her to a wider range of "free speech."

I don't think Obama in the noose here would constitute a hate crime either, for many of the same reasons -- but the history of assassinations of civil rights leaders: the Kennedys, MLK, and Malcolm X -- along with our history of lynching blacks -- puts an Obama situation in a different category. I would not call this systemic bias, either.


Cloudboy is right.

Hanging Obama in a noose might get your ass kicked, depending on where you live.  But, it wouldn't be a hate crime.

He's a public figure.  That would be political speech.  Heard of the First Amendment?  Look it up!

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