Quote:
Originally Posted by DrPhil
Generally speaking, people who say there shouldn't be hate crime legislation are people who A) as MysticCat stated, don't realize that motivation and intent matter for most crimes and/or B) are not identified as members of power minority groups who tend to be the victims of hate crimes.
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Agree.
There is no way someone should burn a cross on a Black person's lawn and get charged with vandalism or trespassing. The same is true with spray painting swastikas on synagoges. I heard that this week someone walked in to a mosque and starting peeing on the prayer area and rugs. Is that disorderly conduct?
The thing about hate crimes is that you have to put yourself in the complete shoes of the minority group. That includes historical and socio-political context.
I also contend that intent/motivation is a factor in sentencing even if not explicitly. People who kill because they fear for their safety are usually not treated the same (by courts and/or juries) as people who kill for insurance money. Our legal system does not take kindly to people who use crime to enforce a vigilante form of justice or control. We don't like it when drug dealers try to silence witnesses. We don't like it when people shoot up abortion clinics and we don't like it when people try to intimidate or kill people because of their religious beliefs.
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