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HHV5 -> RE: Pray for Brandon (7/21/2008 8:22:41 AM)
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quote:
ORIGINAL: henny quote:
ORIGINAL: Sophie11 Why is it not a hate crime for an Asian man to beat a white man but it is for a white man to beat an Asian man? Why is it more insidious? It seems to me these types of laws do nothing more than keep racism alive. I agree with crankius, it should be the murder or the attack that is the crime and not the unprovable thought process of the criminal who committed it. You misunderstand the laws completely. It isn't more of a crime for a white man to beat up an Asian. Hate crimes only come into effect if the White man beat up the Asian as a political and racially motivated act meant to inspire fear in a specific group of people as a whole. I'm skeptical of certain aspects of hate crime laws (i.e. I don't think they should be wide enough to be enforceable in any circumstance where a crime is committed against a protected group), but I do see the reasoning behind them. They are really no different than having harsher penalties against terrorism, for example, as they are dealing with similar types of "effects." Usually acts of terrorism will be punished more severely just because people recognize that in terrorism the effects of the crime extend beyond just its immediate victims -even to the point that the victims themselves are often meaningless and random when it comes to perpetrating the crime. If this wasn't the case, 9/11 would just be several thousand homicides as oppossed to a deliberate act of aggression meant to inspire fear in an entire group of people (i.e. Americans). Obviously, as an act of terrorism, the effects reverberated (and were intended to reverberate by the perpetrators) far beyond just the immediate victims -and thus, I think it's reasonable that we have harsher punishments for things like terrorism (and it you think about it, laws that treat "terrorism" harsher than other violent crimes really are, to use some people's arguments against "hate crimes," nothing more than laws that punish people for the specific "thought" and "intent" that goes into a crime. But I don't see why people are so shocked by this, given that we have ALWAYS implemented varying degrees of punishment based on "thought." "Thought" and intention are usually the biggest differences between how we decide if something is 1st, 2nd, 3rd degree murder/manslaughter/assault, etc -and our justice system has ALWAYS taken thought/intention into account when determining the severity of punishment. If this wasn't the case the punishments would be the exact same for someone who accidentally hits someone with their car, and someone who deliberately hits someone with the car. The only difference between the two is thought/intent of the crime). Hate crimes work the same way as special laws against terrorism (or at least I think they should work the same way). They are meant to acknowledge that with many crimes the effects reverberate far beyond just the immediate victims. Lynchings in the south, for example, really were much more damaging than just mere murder. As acts of violence they were meant to inspire fear in an entire community, and in this sense, are really no different than terrorism. That said, I personally think that for hate crimes to take effect it should be the burden of the prosecution to prove that the crime was motivated in some way by the express desire of the perpetrator to use the crime to make a political statement or instill fear in some way in a much larger community. So I don't think this particular case would necessarily be a hate crime, even though it might end up being tried as one (although I don't know enough about it to say for sure). A perfect example of something that would be a hate crime, though, was that White Supremesist guy a few years ago who drove into a neighborhood of minorities (I can't remember if it was Jewish or blacks) and just starting killing random people. In that case the crime wasn't just murder, but rather was a deliberate act of terrorism meant to inspire fear and negative effects in a larger effects in a community that extends beyond the immediate victims. Thank you, henny. Your reply was more astute than anything I could have come up with. I never really understood why most conservative Christians seem to oppose hate crime laws when they have nothing to do with "special classes" of people.
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