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  #8  
Old 03-08-2007, 01:47 PM
litAKAtor litAKAtor is offline
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Join Date: Feb 2004
Location: Tampa
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Quote:
Originally Posted by DSTCHAOS View Post
Can the DA prosecute for a hate crime if there's no hate crime legislation?

Even if there were slurs while in the club, the biggest debate is whether he stuck his head in the truck or was grabbed. If it's proven that he stuck his head in the truck, he wasn't too bright and the case is shot.
Most likely not. And correction, just because someone sticks their head in a truck and is exhanging words with someone does not justify dragging someone behind a truck. . . .If anything that is, if the guy dies, 2nd degree murder . . . .He may not get prosecuted under a hate crime statute (and I can't believe after the Byrd case nothing has been enacted . . welcome to the good ol south . .where the price of a N's head is not worth much), but should get either attempted murder if the guy doesn't die or at the very least 2nd degree (engaged in activity that had a high propensity of resulting in the death of another human being . . . but wasn't intentionally attempting to kill the person - although that is a HARD sell since normal people who aren't attempting to kill someone don't usually drag a person behind a truck).
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Last edited by litAKAtor; 03-08-2007 at 01:50 PM.
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