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Quote by: Milton Bradley Well, thats all touchey, feely of you. I believe that is a matter of opinion, and I don't share your view here. |
Do you believe we should draw a distinction between a murderer and a person who kills in self-defense?
Yes?
Well, I guess you're being "all touchey, feely" too...
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The crime is the same. the very same act was commited.
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See post 3. I have rendered this line of argumentation impotent by demonstrating how the very same act (Joe ends the life of Steve) can have three different criminal definitions.
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I ask, how will the jury, or the Judge remain emotionally detatched while considering what is, or is not "hate"? I'm not sure it is a good idea to drag emotions like "hate" into the courtroom intentionally.
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This is a red herring. Emotional detachment isn't at issue. We are not lost in some post-modernist void. We know that black people don't like to be called "nigger" and people who carve the word into the flesh of blacks generally don't like blacks.
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The law should opewrate in a vacuum, the vacuum of unbiased consideration of the facts.
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This is another red herring. Hate crime legislation =/= bias. We're not asking judges & juries to convict / sentence people because we
think the accused hated the victim. We're asking judges & juries to convict / sentence people because we've PROVEN that the accused
acted solely upon his/her hatred.
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I many instances, the defendants prior behavior is not permissable in a court of law just to prevent the type of scenario you are advocating.
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Red herring number 3. Prior behavior's relevency is too specific to a case to comment on here. We are speaking far too generally. It's beyond the universe of discourse.
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So perhaps you would be willing to reduce sentences for cases when the hate is justified, as in corporate theft of public monies, or government fraud?
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Please explain to me how corporations and governments are protected minorities.
Wait, don't bother. I can dispell your argument by pointing out that hatred can be justified or unjustified. We're not criminalizing opinions. We're criminalizing targeting victims based solely on a specific minority.
You could have lost your job to Mexicans. Blacks could have raped your mother. Asians could have beaten you every day of your life. You could hate all three groups till you're blue in the face. You can go to websites and express your opnions there. You can gather lawfully and demonstrate against such individuals. You can say anything you want.
As soon as you lift a hand against a black for no other reason than the color of their skin, you're guilty of a hate crime. You didn't target your victim because they were in bed with your spouse or had a lot of cash on them... you targeted them for no reason whatsoever... except the color of their skin.