^^I think Supplanter pretty much hits the nail on the head, there. We need to be looking at the laws or policies that are discriminatory, and there are still quite a few that need to be addressed. My opposition to hate crime legislation is not rooted in some anti-homosexual or anti-minority agenda, I just think the law should apply to everyone equally. I despise the fact that opposition to hate crime legislation is automatically interpreted as "providing cover" for the anti-gay crowd, by some.My position can be succinctly stated as this: killing someone because they're black/gay/female/anything should be treated like they killed someone for no reason. Whatever community is being "harmed" through scare tactics will see that the criminal had to pay the full price for what they did, and they'll know that person is no longer on the streets. That's justice - we don't need to "throw a bone" to various communities by tacking on jail time to crimes that already carry mandatory 20+ year sentences.
2/7/2011 10:35:48 PM
2/7/2011 10:39:56 PM
2/8/2011 12:43:13 AM
I think he meant that they should be the same legally.
2/8/2011 12:47:28 AM
And I disagree that they should be the same legally.The one represents an asshole, the other represents a group of assholes. It should not come as a surprise that I am more worried about (and willing to execute!) the latter.
2/8/2011 12:48:56 AM
I object to hate crime legislation on the grounds that "other people need feel threatened" is impossible to quantify in any meaningful way. Let's say some accidentally injures or kills a homosexual in a way that some people would then feel threatened about. Since the effect on the other people is the same independent of the actual intent, should the person be held liable for the additional harm? This is an honest question to better understand how one could actually quantify the additional "social harm" (as it was called earlier in the thread)
2/8/2011 1:10:09 AM
If you accidentally kill someone, gay or otherwise, isn't that manslaughter? Can you articulate an example scenario of what you have in mind?[Edited on February 8, 2011 at 1:17 AM. Reason : .]
2/8/2011 1:16:26 AM
Indeed, but what if the public misinterprets it as a hate crime, much like this supposed arson? Is the damage not the same? Should the person committing the accidental manslaughter be liable for the damage?Or is it assumed that the damage is wiped clean as soon as the truth is presented in any publication?And I'm not just talking about accidental death, it could be an actual murder, but presented by the media in such a way that makes people think it was a hate crime (like this article). Social harm = the same no matter what the facts are right?[Edited on February 8, 2011 at 1:19 AM. Reason : .]
2/8/2011 1:18:30 AM
2/8/2011 1:37:07 AM
So it's only after the charges are filed does the damage get done to society? Or is it on a conviction?Wouldn't either of those mean that our society would be better off without charging or convicting hate crimes?
2/8/2011 1:45:24 AM
2/8/2011 1:48:31 AM
2/8/2011 1:51:16 AM
^^Ok, then, when is the actual social harm applied in the case of a hate crime? When is the message sent?
2/8/2011 1:54:36 AM
2/8/2011 2:00:27 AM
2/8/2011 2:08:07 AM
established by whom? What if many homosexuals reading this thread and the article in question felt threatened as you suggest they could? Do they wait for charges to be filed to feel threatened?
2/8/2011 2:08:26 AM
2/8/2011 2:18:22 AM
And can you understand why I feel hesitant to assign additional punishment based on "well, some might be threatened, some might not, they might feel threatened now, they might feel threatened later?"[Edited on February 8, 2011 at 8:55 AM. Reason : .]
2/8/2011 8:49:29 AM
2/8/2011 9:36:32 AM
2/8/2011 11:58:34 AM
You don't know if their intent was to threaten. You don't mind making the assumption that it is, but no one ever says, "yeah, I beat down that gay dude to send a message to all gay people that they, too, could get assaulted."As an example, let's take a serial killer that only goes after women with blonde hair between the age of 18-22 that live on college campuses. When the killer gets caught, do we charge him with a hate crime? Can we assume that he meant to send a message to all college age women?
2/8/2011 12:14:26 PM
I'm not saying it's impossible to prove intent. I'm saying it's impossible to prove intent to threaten when the definition of being threatened is subjective and amorphous when speaking in terms of "social harm." It's a huge gray area that lends itself (see this thread as evidence) to assuming intent to threaten where there may not be evidence for it at all.But really you just confirmed for me that the actual social harm is irrelevant. You don't even attempt to quantify it because it cannot be quantified in any meaningful way.
2/8/2011 12:15:56 PM
[Edited on February 8, 2011 at 12:20 PM. Reason : nevermind, its a waste of time]
2/8/2011 12:19:11 PM
2/8/2011 12:29:23 PM
I'm not saying that they're not different. I'm saying that identifying the way in which they are different in a meaningful way that would make me comfortable punishing one more harshly than another is impossible.I do think "social harm" exists. I do think that it is possible to terrorize other people. I don't like laws being able to tack on "hate crime" based on ideas which are not quantifiable. To me, it's too ambiguous and prone to misuse.
2/8/2011 12:35:29 PM
2/8/2011 12:38:48 PM
2/8/2011 12:47:41 PM
obvs. shoulda said "HATE MOR FAGOTS": http://www.thedaonline.com/news/chick-fil-a-cow-portrays-anti-gay-message-on-sign-1.1966990
2/8/2011 2:33:22 PM
^^all about intent and no about any actual harm, got it.
2/8/2011 4:16:07 PM
To the libertarian types...what should be done then to fight these crimes that specifically target gays or blacks or another minority? Anything? Wishing really hard?[Edited on February 8, 2011 at 4:28 PM. Reason : .]
2/8/2011 4:26:42 PM
Did this crime specifically target gays or blacks or another minority?But to answer your question, I think we should treat everyone equally under the law and punish according to the action that was committed.
2/8/2011 4:33:36 PM
So you think that lynching a black man should be punished with exactly the same severity as any murder? Is it really the same crime occurring vs. a randomly chosen victim?[Edited on February 8, 2011 at 4:50 PM. Reason : .]
2/8/2011 4:48:00 PM
No, I think lynching a black man should be punished in the same manner as lynching a white man, or a asian woman.Murders themselves have mitigating circumstances that should be punished differently according to the details, but the race of the victim should not be one of them.
2/8/2011 4:50:49 PM
I'll get back to this thread when I can sit down for more than 5 minutes, but disco_stu is not a libertarian, nor a libertarian-type, nor does he even refer to himself as a libertarian, so I'm not sure why that's being thrown around.
2/8/2011 4:52:16 PM
Are you saying that the law should do absolutely nothing to deal with bigotry that results in murders aside from punishing the murders themselves? Do you also think private businesses should have the right to refuse customers based on race?[Edited on February 8, 2011 at 4:54 PM. Reason : .]
2/8/2011 4:52:52 PM
2/8/2011 5:01:04 PM
2/8/2011 5:04:31 PM
Because they punish people differently based on whatever protected class they have versus whatever protected class of their victim.
2/8/2011 5:06:39 PM
2/8/2011 5:09:35 PM
You didn't answer my question. Were anti-discrimination laws designed to thwart prevalent bigotry at the time or not?edit: Also
2/8/2011 5:10:17 PM
2/8/2011 10:47:11 PM
2/8/2011 11:38:54 PM
2/9/2011 12:31:05 AM
No, not all crimes, just those involving unprovoked, violent aggression. People exhibiting irrational behavior (which racially/sexuality motivated violence, for instance, falls under) are a danger to society, without a doubt. Their hate doesn't stem from any rational decision making process - it's a product of a culture that actively encourages hate. Unless that culture/upbringing itself is to be taken as a mitigating circumstance, the behavior should be treated as having been motivated by pure malice, thus demonstrating the maximum amount of danger to society. So, yes, I would say that there's no reason for particular "hate crimes," if we can agree that a person's immutable characteristics are not at all a valid reason to target them.[Edited on February 9, 2011 at 12:51 AM. Reason : ]
2/9/2011 12:50:57 AM
2/9/2011 12:07:25 PM
I think it's perfectly reasonable to charge a person with a "hate crime" if it can be demonstrated that the crime was committed with the intention of causing intimidation. Additional punishment in such cases is appropriate because such crimes clearly cause more harm than your typical act of criminality.But if that intent to intimidate can't be proven, you're just doling out harsher punishment because you find one reason for committing a crime more distasteful than another - beating a man because he's gay is worse than beating a man because he's ugly, etc. It's an impulse that's born of good intentions, but the effect, I think, is to remind society that members of certain groups are, and should be treated as, victims. [Edited on February 9, 2011 at 2:08 PM. Reason : ]
2/9/2011 2:01:42 PM
2/9/2011 2:40:31 PM
I've never been too keen on the "intimidation" aspect of this. To me, a hate crime gets special treatment because a crime committed for that reason implies a higher likelihood of future crimes in the same vein.You beat a guy because he slept with your wife or cheated at poker or even grievously insulted you, it could easily be a one-off event. It doesn't imply that you're going to beat anybody else unless they do the same sort of thing to trigger you, which is far from certain. You beat a guy because he's black or gay...well, it's pretty goddamn certain that sooner or later you're going to run into somebody else who's black or gay.
2/9/2011 2:41:48 PM
2/9/2011 4:44:41 PM
2/9/2011 5:11:48 PM