Re: Sad Symptom

Alvin Toda wrote:

Fred Ghadry wrote:

Harry Thompson wrote:

In this case under discussion -- hate crime -- I can see the effort to stigmatize the offense, for example, assault and battery in a particular state of mind. Is this fundamentally different from assault and battery with a deadly weapon?

In another thread, there is some discussion about "thought control". Stigmatizing a particular crime by labeling it as "hate" motivated does nothing to deter a potential criminal, does nothing to make such a criminal subject to unique laws, and does nothing to change any possible punishment.

On the whole, I think criminal law should avoid the nebulous, that is, the malefactor's state of mind, spiritual condition, etc. Criminal law should be based on act, not on being. Nevertheless, state of mind figures in so many crimes. There are grades of killing, depending on the offender's intent: several types of manslaughter, several types of murder, and some killing isn't an offense.

Agree, and defining a crime as "hate" motivated accomplishes absolutely nothing.

Hate crime isn't a clear cut yes or no to me.

Someone said let the punishment fit the crime. Unless there is a defined punishment for committing a "hate" crime, such a designation is meaningless.

The punishment is determined by judge and jury and not by the law.

So a judge and jury might legally sentence me to death for an overdue parking ticket? Didn't realize we are living under such a repressive regime. I'll have to be more careful about feeding parking meters.
.

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