Quote:
Originally Posted by MysticCat
Although I don't think I'd use the word "stupid," I tend to agree with shinerbock on this one. That is, I don't see much point in a separate classification for a "hate crime."
Most jurisdictions already have a system of aggravating and mitigating factors that are used to heighten or lesses punishment for a crime. To me, it makes more sense and is overall more consistent with criminal laws in general to make racial (or gender, or religious, or whatever) hatred an aggravating factor -- "that the crime was motivated by racial [or whatever else] hatred" -- rather than to charge someone for assault or murder and also charge them with a hate crime.
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I do not practice criminal law, but my understanding of hate crime legislation (in Florida) is it imparts more severe punishment on crimes that are committed based on race, gender, national origin and sexuality. If you kill someone, it may enhance the punishment if you didn't intend to kill the person to an intentional crime if the government can establish that the crime was done based on a person's protected status. I think it is good call on the part of legislatures to attempt to eradicate these types of crimes, that are based solely on another's contempt for someone that is different. Contrary to what people want to admit . .hangings still do occur.