Re: Sad Symptom

On Thu, 10 Aug 2006 01:12:00 -0500, Fred Ghadry <falko282@xxxxxxxx>
wrote:

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.

Of course not. You forget that there is no punishment for a crime that
a judge and jury might be prejudiced against.
.

Relevant Pages

  • Re: Sad Symptom
    ... stigmatize the offense, for example, assault and battery in a particular ... Stigmatizing a particular crime by labeling it as "hate" motivated does ... malefactor's state of mind, spiritual condition, etc. Criminal law should be ... Someone said let the punishment fit the crime. ...
    (soc.retirement)
  • Re: Bong Hits for Jesus
    ... A crime that occurs when one person tries to physically harm another ... assault. ... Compare battery. ...
    (misc.news.internet.discuss)
  • Re: Sad Symptom
    ... stigmatize the offense, for example, assault and battery in a particular state of mind. ... malefactor's state of mind, spiritual condition, etc. Criminal law should be based on act, not on being. ... 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. ...
    (soc.retirement)
  • Re: Bong Hits for Jesus
    ... A crime that occurs when one person tries to physically harm another ... assault. ... Compare battery. ...
    (misc.news.internet.discuss)
  • Re: Sad Symptom
    ... stigmatize the offense, for example, assault and battery in a particular state of mind. ... 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. ... malefactor's state of mind, spiritual condition, etc. Criminal law should be based on act, not on being. ...
    (soc.retirement)