willbeurdaddy -> RE: Small town politics, ain't it great (7/12/2009 9:10:42 PM)
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ORIGINAL: tazzygirl I believe the difference is the crime itself. His was a hate crime.......... quote:
As a group of marchers waited for a bus to transport them from Alexandria, La., to Tennessee, a pickup truck allegedly cruised slowly by, a pair of nooses hanging from the back of the truck. Local police officers took notice and arrested the teen driver and his passenger. "It is a violation of federal law to intimidate, oppress, injure, or threaten people because of their race, and because people are exercising and enjoying rights guaranteed and protected by the laws and Constitution of the United States," U.S. Attorney Donald W. Washington said in a statement. "Our civil rights laws protect the civil rights of all Americans, and they remind us that we are all members of one particular race — the human race." The symbol that, police say, Munsen used to menace black marchers, was the same one that sparked the original controversy that thrust Jena, La., into its uncomfortable national spotlight. http://www.abcnews.go.com/TheLaw/BlackHistory/story?id=4184706&page=1 While it may seem similar, the guy flying the flag didnt do it to intimidate, threaten or injure anyone. Which then raises the thorny issue of "hate crimes". I am not as familiar with those laws as I am with terroristic threats. In those cases it is "the eye of the beholder" that matters, not the perpetrators intent. If someone thinks your threat is real, it doesnt matter if you were "just kidding". Is it the same for a hate crime? Can someone claim that a symbol intimidated them, and thats what matters,not that you happened to be coming home from a fraternity hazing and had a couple of nooses hanging around? (Not that this was the factual situation, just an example). If intent does matter, then I have a real problem with the entire concept of a hate crime where there isnt clear evidence of that intent. Mind reading isnt reasonable doubt.
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