njlauren -> RE: Knockout game. Hate crime? (12/30/2013 7:49:43 PM)
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The question for the hate crime is are they targeting someone because of their race, if so it is a hate crime. I have heard all kinds of bs about hate crimes laws, but the reality is that the prosecution can't just say "oh, X is white and they assaulted a black guy, it is a hate crime", they have to prove that X assaulted Y because he was black. Race on race crime is not a hate crime, if the motivation is anything other than race, or sexual orientation, gender, whatever is covered. Though they didn't exist at the time, when the band of gaffones in Queens chased a black guy to his death, it was a hate crime because they targeted him for being black. It depends on the motive, and there can be mixed motives. If someone attempts to rob someone, but then because that person is of another race, kills them, they could be charged with a hate crime in the murder but not the robbery, if the robbery was random but killing the guy was race, the murder would be a hate crime.... I know a bit about hate crimes, have ada's in the family, and the reality is that they are very hard to try, you need to show the motive of the person doing it , and despite what some think, for the most part the race of the victim and perp doesn't matter, black on white or white on black hate crimes are tried roughly in the same proportions, the stats are out there. In the 'knockout' game, if they can show the reason the mutants did this was because the victims were white, they should be charged with first degree assault and battery as a hate crime and given the maximum sentence, we went through this once before in the 1980's (it was called wilding), and the legal system looked at it as teens having fun, not what it was, a serious crime. Among other things, the perps knew they would likely get away with a slap on the wrist, and it led to heightened racial tensions that later on led to a lot of ugliness.
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