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What is the definition of a "HATE CRIME"?

Posted by mminnick 7 years, 5 months ago to News
77 comments | Share | Best of... | Flag

Many people are talking about the rise in "Hate Crimes" since Mr. Trump was elected. Exactly what is a "Hate Crime"
It seems to me if you commit a violent crime against anyone, a certain degree of hate was involved. I know that this term came about because certain violent crimes were committed because of a persons race, ethnicity, religion and/or sexual preference. But, IMHO, all Crime involves somne degree of hate toward the victims. White on Black, Black on White, anybody on anybody.
For example in NYC there were 64 "hate crimes" since Mr. Trump was elected. does that men there were 64 additional crimes that were reported that met the requirements bor gbeing a hate crime or there were 64 crimes reported in the normal course of events theart ere construed to meet the definition of hate crime?
Another questions in this area that has puzzled me, but I haven't been able to find a clear answer to: If a white person attacks a black, it is generally taken to be a hate crime until shown not to be. If a black person attacks a white, what is it counted as? A hate crime or just a crime? NOT trying to start a huge race debate here, just looking for an answer to this puzzling (to me) question.


All Comments

  • Posted by $ Thoritsu 7 years, 5 months ago
    Not a fan. The motive is the motive. The crime is the crime.
    There aren't poor-stealing, robin-hood-stealing, selfish-stealing and hate stealing. There is just stealing.
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  • Posted by CircuitGuy 7 years, 5 months ago in reply to this comment.
    "He may hate all Blacks but that would be up to the prosecution to prove."
    Yes. I am also saying even if he does hate all people with certain physical traits and he commits a crime against one member of the group, that does not in itself make it a crime against many people. Focusing on the group means buying into the criminals wrong view, detracts from the actual physical crime, aggrandizes the criminal, and imputes victim traits on members of the target group (some of whom may not be at all scared). .

    But I see your point of if it's clearly meant to intimidate others, it's like writing a letter with a credible threat to multiple people.
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  • Posted by $ jdg 7 years, 5 months ago in reply to this comment.
    So you're not willing to categorically rule out punishing some crimes more than others based only on intent. What IS the principle, then? Where do you draw the line?
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  • Posted by Robairete 7 years, 5 months ago in reply to this comment.
    I think I see your point.

    If someone commits a crime against every black family that moves into or even just looks at a house in his neighborhood his intention is obviously against all Blacks. However, if that person commits a crime because he doesn't want a particular black person in his neighborhood then it is specific to one individual and not a group. He may hate all Blacks but that would be up to the prosecution to prove. What do you think? (Innocent till proven a bigot?)
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  • Posted by $ jdg 7 years, 5 months ago in reply to this comment.
    Would you also want to abolish the distinctions between malicious mischief, breaking and entering, and burglary (since the only difference among those three is the perp's intent)?
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  • Posted by freedomforall 7 years, 5 months ago in reply to this comment.
    So you propose to punish intent without proving intent.
    Sorry, if Jane burns down a white man's house and Judy burns down a black woman's house, the punishment should not be more severe for either crime based on unproven intent or either alleged perpetrator being prejudiced based on race or gender or religion any other reason.
    Everyone is prejudiced and no one should be punished by government for their thoughts.
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  • Posted by $ jdg 7 years, 5 months ago
    I disagree with the push to abolish the notion of a "hate crime". In my view, these laws are really about terrorist crimes -- things like the KKK burning down someone's house to retaliate because the victim allowed a black person to spend the night there, or IRA people setting off bombs in rich people's shopping districts in England.

    The laws are called for because if the government only prosecutes the bombing as a bombing, or the house burning as arson, it's not enough to deter the next crime of the same kind, and that means the terrorist has succeeded in making you and me afraid to annoy the terrorist.

    I'll grant that it would be better to expressly punish the terrorist for the intimidation part of his crime. But that would require proof of intent which will usually be impossible to produce under the legal system as it is.
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  • Posted by CircuitGuy 7 years, 5 months ago in reply to this comment.
    I agree with all this accept for the last part where you say the crime "was against". I consider that the criminal's motive. He didn't actually do anything to the entire group, although his motive involves the entire group.

    I suppose I can see it your way if he succeeds in his goal and many individuals feel threatened. It would be the same as if he sent all those individuals credible letters threatening to murder them. I'm cautious about this, though, because it depends on a adopting the murders' mindset of seeing people as groups rather than individuals.
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  • Posted by Flootus5 7 years, 5 months ago in reply to this comment.
    A friend of mine just served on a jury on a case involving someone punching another in the face. Sour language and whacky behavior got the offender found guilty. No evidence for the need for self defense.

    However it occurred in a prison. Where the penalty is worse than in the public. Apparently, on the outside a fight can be a misdemeanor, but in the slammer it is a felony. But also apparently, because it was a "white on white" incident, it can't be a "hate crime".
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  • Posted by LibertyBelle 7 years, 5 months ago in reply to this comment.
    I think I read in the newspaper about some "curse
    and abuse" statute in Virginia, which, of course, I believe to be contrary to the First Amendment.
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  • Posted by LibertyBelle 7 years, 5 months ago
    I don't know that all crimes necessarily involve
    hate. A murder could be committed cold-bloodedly,
    because the robber wants to get the victim's $, or the victim "knew too much"; but in any such case,the victim is still just as dead.
    There was a case in the Richmond area once;
    a co-worker of mine said one of the murderers
    was her sister, or half-sister (I believe the co-
    worker had nothing at all to do with it, and that nobody had said she had). Anyway, according
    to what I remember of the newspaper account,
    it involved some kind of insurance fraud; the
    victim was a retarded woman, and the murder-
    ers (3 women, as I recall), got her drunk, and
    finished by pouring gasoline over her, and set-
    ting her on fire. The victim and the perpetrators
    were all of the same race. I consider it a very
    hateful crime; how much of it came from the
    emotion of hate, and how much of the particular
    form of murder came from expediency, I do not
    know.
    But as far as I am concerned, a crime is a
    crime is a crime. Punishment should be accord-
    ing to the crime (although intent or non-intent
    should be taken into account); I just don't hold
    with criminalizing people according the their
    state of emotion.
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  • Posted by Robairete 7 years, 5 months ago in reply to this comment.
    Both cases are not the same. Case 1 is akin to lynching an innocent black person in order to terrorize a whole community of black people. The second case is the same as a Mafia hit except that the victim was random and innocent. The second murder was committed against one innocent victim. The first murder was against a large number of innocent victims (i.e. ALL Blacks who want to move into that neighborhood).
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  • Posted by Robairete 7 years, 5 months ago in reply to this comment.
    Against one individual who offended you for no other reason than the fact that he/she was black, white, brown, male, female, Christian, Jewish, Muslim, gay, straight, etc. This would be considered a crime against a type of person, not just a person. BTW, not my argument. It's a fact.
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  • Posted by DrZarkov99 7 years, 5 months ago in reply to this comment.
    Right now it's a state issue, and I suspect Roof will be found guilty and be given a life sentence (mainly because the families of the victims will not favor execution). No need for the hate crime action.
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  • Posted by CircuitGuy 7 years, 5 months ago in reply to this comment.
    Consider two reasons to murder:
    1) The criminal wants to scare black people away from moving into his neighborhood.
    2) The criminal wants to prove his trustworthiness (that he's not a cop and he's willing and able to kill) as a hit man to a powerful criminal gang, so he murders a random passer-by.
    You're saying the first case is worse because the goal is to intimidate an entire group.
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  • Posted by CircuitGuy 7 years, 5 months ago in reply to this comment.
    "gave the white descendants of slave owners, however relatively few owned slaves back in the day"
    This exercise validates the group-identity politics of working out which group is oppressing which other group.
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  • Posted by MikeWi 7 years, 5 months ago
    It is groundwork laying for a package deal consisting of crimes motivated by racism on the one hand, and disagreement with the government about anything whatever on the other, i.e. the continuing fostering of Islamic Totalitarianism.
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  • Posted by $ rainman0720 7 years, 5 months ago in reply to this comment.
    And that's the flaw in your argument. I haven't done anything against "a whole segment of society". I committed my crime against one individual.
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