Another Texas Dragging

[MysticCat]

Originally Posted by litAKAtor

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.

That's exactly what aggravating factors do as well.

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.

Not unlike the felony murder rule. If you manage to kill someone while in the commission of another felony, say robbery, you can be charged with murder even if the other elements of murder (such as intent) are not present.

Originally Posted by DSTCHAOS

The purpose behind hate crime legislation is to achieve formal legal guidelines for the aggravating and mitigating factors as they pertain to group membership. As opposed to relying on judicial and presecutorial discretion.

Aggravating factors are set by statute, just like definitions of crimes are.

Understand, I have no problem with the motivation and goal behind hate crime legislation. In some ways, it's a semantics thing. Where "hate crime" means "sentencing enhancement," I'm all for it. But in those instances where the classification of "hate crime" is proposed as essentially a separate chargeable offense, that's when I have a problem.

[DSTCHAOS]

Originally Posted by MysticCat

Aggravating factors are set by statute, just like definitions of crimes are.

Understand, I have no problem with the motivation and goal behind hate crime legislation. In some ways, it's a semantics thing. Where "hate crime" means "sentencing enhancement," I'm all for it. But in those instances where the classification of "hate crime" is proposed as essentially a separate chargeable offense, that's when I have a problem.

"Aggravating factors" like "targeted because of race, gender, sexual orientation, and religion?" If so, hate crime legislation is redundant. If not, the aggravating factors aren't detailed enough and that's why we have hate crime legislation.

Whatever the semantics may be, hate crimes are essentially a sentencing enhancement because offenses like vandalism and assault carry tougher penalties if they are motivated by hate.

[litAKAtor]

Originally Posted by DSTCHAOS

Whatever the semantics may be, hate crimes are essentially a sentencing enhancement because offenses like vandalism and assault carry tougher penalties if they are motivated by hate.

Precisely!

[litAKAtor]

Originally Posted by DSTCHAOS

Whatever the semantics may be, hate crimes are essentially a sentencing enhancement because offenses like vandalism and assault carry tougher penalties if they are motivated by hate.

Precisely! In Florida it is used as an enhancement, I believe.

[MysticCat]

Originally Posted by DSTCHAOS

"Aggravating factors" like "targeted because of race, gender, sexual orientation, and religion?"

Yes. Some sample aggravating factors:

-- the offense was committed for the benefit of, or at the direction of, any criminal street gang;

-- the offense was committed for the purpose of avoiding a lawful arrest;

-- the defendant has hired or paid to commit the offense;

-- the offense was particularly heinous, atrocious or cruel;

-- the victim was very old, very young, or physically or mentally handicapped;

-- the defendant took advantage of a position of trust;

-- the offense was committed against a victim because of the victim's race, color, religion, nationality or country of origin.

This kind of "hate crime" I have no problem with, although I think it is a misnomer to call it a "hate crime," since that implies a separate chargeable offense. But I have heard calls to actually create a separate chargeable offense called a "hate crime," and that is what I have problems with. Sorry if I haven't been clearer.

[DSTCHAOS]

Originally Posted by MysticCat

But I have heard calls to actually create a separate chargeable offense called a "hate crime," and that is what I have problems with. Sorry if I haven't been clearer.

Thanks for doing so.