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What is the definition of a "HATE CRIME"?

Posted by mminnick 7 years, 4 months ago to News
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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.


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  • Posted by DrZarkov99 7 years, 4 months ago
    The invention of "hate" crime was purposely intended to override the authority of local law enforcement. Hate crimes are federal offenses, and fall under the jurisdiction of the FBI and Federal Marshals. Originally they were supposed to be primarily violent offenses such as homicide and assault, but have been blown out of proportion to include speech or writing that offends some ethnic, religious, or cultural identity group. One of the things I hope to see under a Trump DOJ is at least the defederalizing of hate crime investigation and indictment, or preferably the elimination of the hate crime description altogether. That would return the rightful jurisdiction of crime to local authorities.
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    • Posted by DrZarkov99 7 years, 4 months ago
      One more thought: a hate crime label on an offense is used as a way around the constitutional restraint on double jeopardy afforded by the 5th amendment. If a defendant is found innocent in a local court, or the Federal government thinks the punishment is too light, they will charge the defendant with a hate crime on the same evidence and conduct the trial in a federal court.
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    • Posted by Blanco 7 years, 4 months ago
      Yes, the concept of "hate crime" is a liberal concoction to give liberals and their collectivist government more unconstitutional power over the states and individual citizens that they do not like.
      It is as irrational and as unconstitutional as "affirmative action". Neither of these monstrosities would exist in America if we had a majority of originalists on the Supreme Court.
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  • Posted by CircuitGuy 7 years, 4 months ago
    "Hate crime" is almost the same as "terrorism". It means the motive was to intimidate an entire group. The words seem to imply that hate crime or terrorism crime is worse than ordinary crime because its intended victim is an entire group. This is a clever way of aggrandizing criminals. If you hear about a murder and then find out it was "terrorism" or a "hate crime", it's supposed to be scarier and somehow turn the low-life criminal into a soldier fighting for a cause.

    It doesn't matter what group the perpetrator identifies with or which group he's trying to intimidate; they're all "terrorism" and "hate crimes".

    The people talking about a rise in "hate crime" supposedly associated with President elect Trump are probably trying to aggrandize those criminals and then blame their crimes partly on Trump.
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    • Posted by $ MikeMarotta 7 years, 4 months ago
      Almost right. I agree with the opening. But a lot in there begs discussion.

      "The death of one is a crime; the deaths of millions is a statistic." (It is often attributed to Stalin, but has another story: http://quoteinvestigator.com/2010/05/... Your claim is the reverse, that we are saddened by the victimization of one, but outraged at the deaths of many. And why not? I mean, can you say that one person is "worth" more than some number of others? Maybe to each of us, this person or that must be worth infinitely more than all others combined - our spouse, our parents... In Dr. Zhivago, the hero's half-brother, the police general, says "I have killed better men than me with a small gun." So, we must easily admit that some people are better than others. I have no easy answer for this forum, but I do note the question. I am not sure how to evaluate it. But, I do see your point, that victimizing one person for being a member of a perceived group is to attack the entire group, which is somehow metaphysically "worse" - which you question. And I agree with you: it bears questioning.
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    • Posted by Robairete 7 years, 4 months ago
      "Hate Crimes" or crimes committed out of prejudice against a group of people IS scarier. Trying to blame it on Trump trivializes the true nature of the crime. Killing or even just hurting a person simply for what he or she is perceived to be is a societal problem and therefore much more serious.
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      • Posted by CircuitGuy 7 years, 4 months ago
        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 Robairete 7 years, 4 months ago
          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 CircuitGuy 7 years, 4 months ago
            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 Robairete 7 years, 4 months ago
              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 CircuitGuy 7 years, 4 months ago
                "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 evlwhtguy 7 years, 4 months ago
      You definition I think is an accurate one technically, in actual usage here in the USA it is a term used to oppress the white race, in much the way feminism is used to oppress men. Apparently, the reason you never hear about African Americans perpetrating "Hate Crimes" is because white people are born with the "Original Sin" of racism and "White Privilege" ....Try using that "White Privilege" when you apply for a federal job...see how that works for you!

      Some of your Granola chompers will go on about the supposed advantages that oppression and slavery gave the white descendants of slave owners, however relatively few owned slaves back in the day and given the multiple mass migrations of people to the US since the civil war, there are not actually that many direct descendants of slave owners, as a proportion of the white population. I myself emigrated from England in 1967...I sure as shit got nothing out of it....but I sure have been discriminated against because of it.

      In short it is used as a opportunity for the Race Baiters to complain and make money.
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      • Posted by CircuitGuy 7 years, 4 months ago
        "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 Riftsrunner 7 years, 4 months ago
    In "Atlas Shrugged" Dr. Ferris to Hank Rearden "There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of law-breakers—and then you cash in on guilt."

    Hate crimes are just another form of gaining government power. They are ways to use the law to control people or eliminate them from civil society. They can take misdemeanor crimes and make them felonies. They are bludgeons in areas of law that require more nuances. And they are ways to divide communities along lines of identity politics. And a divided constituency is a government officials dream because it allows them to play a distraction game on one hand while possibly doing underhanded things with the other.
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  • Posted by $ rainman0720 7 years, 4 months ago
    Here's my problem with the concept of a hate crime: By assigning different penalties if I get caught, you are in essence assigning that the victim's life is worth more or less based solely on my motive.

    For example, if I beat the hell out of someone because he looks like he has enough money to make the crime worth my while, I get X jail time if I get caught.

    But if I go out to beat up the first (insert group member here) that I see who also looks like he has enough money to make the crime worth my while, then I get X + Y jail time.

    Since my jail time is different based purely on my motive, that's saying that this guy's life is more important--and so I should be punished more harshly--if I singled him out just because of his ethnic or other group.

    I don't get it. I intentionally commit the same crime, I do the same amount of damage to the victim in both cases, and my penalty if I'm convicted differs just because of my motive?

    Really?
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    • Posted by Riftsrunner 7 years, 4 months ago
      Yes, but motive is essentially thought crime. This is why Social Justice Warriors and Progressives attribute motivation to their enemie's statements. If you want to build a wall to slow or stop illegal cross border immigration, you are racist. If you dispute the wage gap and claim it is really an earnings gap, you are a mysogynist. Hate crimes are just another way, albeit a physical one, of punishing someone you don't agree with. You claim you know what is on their mind while they committed their crime and attribute more penalties based on your reading of their mind. And it is spilling over into speech. So while I may hold differing opinions from you, the new progressives want to start using hate crime legislation to start curtailing my free speech and possibly jail me for it. Now while I have little fear of it working, it is an indication of where these people want the country to go.
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  • Posted by ProfChuck 7 years, 4 months ago
    Is there a difference between a "Hate Crime" and a "Thought Crime"? The whole concept reeks of Stalinist orthodoxy. The "Minority Report" system of punishing crimes before they happen is next.
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  • Posted by Technocracy 7 years, 4 months ago
    Hate Crime is a political construct.

    Intent can never be fully proven externally, only guessed at. When the person that committed the crime admits to doing it because they hate the other, that is a close to proof as you can ever get.

    In any case, a crime is a crime, penalties should be the same period.
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  • Posted by chad 7 years, 4 months ago
    Hate crime is another term invented by socialists to make people feel bad for the victim when they are determined to be of a specific group that can be utilized to engender fear and hatred toward any moral individuals who had nothing to do with the crime. It is a method of turning one group, i.e. black people, against another group, i.e. white people, and making the white people feel guilty that a black man killed a white man. Crimes are committed at times that are based on hatred on another's identity but that is not a community problem, that is the problem of the particular individual involved.
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  • Posted by $ Thoritsu 7 years, 4 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 LibertyBelle 7 years, 4 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 Herb7734 7 years, 4 months ago
    There is no such thing as a hate crime in the way it is used today, because it usually specifies race.. There are crimes motivated by hate, but note that race is not mentioned. A man hates his wife, or his boss, or the man who his wife wed when she divorced him. Hate is probably involved in all of those. If it results in murder -- then the crime is murder. The various degrees of murder are legitimate in my opinion, but the hate designation as used is bogus.
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  • Posted by $ blarman 7 years, 4 months ago
    Every crime is motivated by hate: either hate of others or hate of one's self. One can be taught to hate, and one can give one's self over to hate, but in the end it's still an empty, emotional response to life.

    Hate is also used as a policy tool of control. If you can get your followers to rely on hate, you can control them and use them.
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  • Posted by term2 7 years, 4 months ago
    I suppose that breaking into someones house and stealing isnt really involve hating anyone in particular (they probably arent even home). It is different from grabbing a gay dude and beating him up because he is gay but hasnt done anything in particular to you.
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  • Posted by mia767ca 7 years, 4 months ago
    "hate crime" is a term used by the neo-nazi left to restrict free speech and to label actions contrary to their to the way the left expects you to act or to interpret how you act or to label you as racist or as undesirable
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  • Posted by walkabout 7 years, 4 months ago
    The whole idea of a "hate crime" is idiotic! Crimes are behaviors, not thoughts. I don't care why a person is assaulting, killing, stealing from or otherwise victimizing me. If there are aggravating or mitigating circumstances those factors will be taken into consideration at the time of sentencing. Those things will determine if the guilty party (previously determined, "yes, this person committed this crime") get a consequence that fits the circumstances. Whereth his/her actions were justified or not. If so a lessor sentence due to mitigating circumstances will be imposed; if aggravating circumstances demand a harsher consequence will ensue. But under no circumstances will a penalty be imposed BECAUSE s/he thought something (sometimes called hate).
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  • Posted by $ CBJ 7 years, 4 months ago
    A hate crime is a crime committed by a Trump supporter against a Hillary supporter. A love crime is a crime committed by a Hillary supporter against a Trump supporter.
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  • Posted by salta 7 years, 4 months ago
    The adjective "hate" tries to describe the motive, and therefore the perpetrator's own justification, for the crime.
    That reason is all that is needed to stop using it. Every crime is harm done to another person(s) and nothing else.
    Two other phrases I can think of, which should also be dropped from use...
    "honor killings"... which says the justification was honor, so it was ok.
    "crime of passion"... a lawyer's trick to imply the crime was justified and suggests leniency.
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  • Posted by $ Olduglycarl 7 years, 4 months ago
    In order for anything to be considered "Hate" there Must be physical animosity, someone physically harming another. So All violent crimes are Hate crimes.
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  • Posted by $ jdg 7 years, 4 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 MikeWi 7 years, 4 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 khalling 7 years, 4 months ago
    yes, yes. I was caught out using the phrase. I acknowledged the contradiction and have been thinking about it. Did you know there is such a thing as "depraved heart" murder? we do have laws that have qualifiers to the violence
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    • Posted by Technocracy 7 years, 4 months ago
      Now we use "aggravated XXX" instead of depraved heart
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      • Posted by khalling 7 years, 4 months ago
        while I am mostly in aggreement, I do think there are crimes which are motivated or perpetrated beyond the act itself. I agree though, "hate crime" is not one of those
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        • Posted by Technocracy 7 years, 4 months ago
          Intent is problematical when it comes to proof.
          "beyond a reasonable doubt" as a standard is already hazy enough because of "reasonable" without throwing intent in there to muddy it further.

          Pyschology is not on the same plane of reliability and repeatability as Chemistry or Physics.

          You can try, judge, convict, punish pretty consistently on actions, the who/what/when/where. That is the basis of a/our legal system. Once Why gets in the mix fog overshadows fact.


          Why is outside the act. Of concern for the relatives of Justice, Vengeance, Retribution, but not a legal necessity.
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