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- Xref: sparky soc.motss:48721 alt.politics.homosexuality:7485 co.politics:2291
- Newsgroups: soc.motss,alt.politics.homosexuality,co.politics
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!cis.ohio-state.edu!news.sei.cmu.edu!fs7.ece.cmu.edu!scutum.ece.cmu.edu!mes
- From: mes@scutum.ece.cmu.edu ()
- Subject: Hate-Crimes Law (was Re: "Gay-Bashing")
- Message-ID: <1992Nov21.072448.21915@fs7.ece.cmu.edu>
- Sender: news@fs7.ece.cmu.edu (USENET News System)
- Organization: Electrical and Computer Engineering, Carnegie Mellon
- References: <1992Nov12.193724.22309@tc.cornell.edu> <Bxv7wx.Dx5@acsu.buffalo.edu> <BxyCuE.AB@nic.umass.edu>
- Date: Sat, 21 Nov 1992 07:24:48 GMT
- Lines: 86
-
- In article <BxyCuE.AB@nic.umass.edu>
- quilty@titan.ucc.umass.edu (Humberto Humbertoldi) writes:
- >In article <Bxv7wx.Dx5@acsu.buffalo.edu>
- > pfohl@ubvmsb.cc.buffalo.edu (Anne Pfohl) writes:
- >>In article <1992Nov12.193724.22309@tc.cornell.edu>,
- >> shore@dinah.tc.cornell.edu (Melinda Shore) writes...
- >
- >>..and since, in fact, CO #2 *does* legalize discrimination, how
- >>would one go about prosecuting an incident of gay bashing in
- >>Colorado now? Would it have to be tried as assault, with no
- >>reference to it being a hate crime, or motivated by hatred of
- >>gays?
- >>
- >>If that's the case, gay bashing wouldn't exist in Colorado,
- >>because the crimes could not be identified as such in order to be
- >>prosecuted.
- >
- >There seems to be a tricky issue here, which I would like to bring up.
- >It's a different thread, I know, but it's also a different subject
- >line:
- > I really don't think there SHOULD be specific laws against
- >"gay-bashing," nor any of the other "hate-crimes" type laws which are
- >popping up relative to other categories victims (race, sex, religion,
- >etc.). To me, laws against "hate-crimes" only serve to try someone on
- >The basis of their ideological beliefs, rather than on their criminal
- >behavior. This seems like a fundemental abridgement of rights to free
- >expression of belief, or even to simply BELIEVE a belief. As
- >abhorrent as it is for someone to HATE someone on the basis of their
- >sexuality, race, sex, or whatever -- I for one most certainly do not
- >want THE STATE stepping in to regulate and illegalize such BELIEF.
-
- I'm not a lawyer, (standard disclaimer,) but...
-
- It is my understanding that the law *does* consider the the motivation
- behind a criminal behavior, as opposed to just the actions itself. A
- good example would be a case where a person pointed a gun with no
- firing pin at someone and pulled the trigger. If the person believed
- that the gun would fire, then they are guilty of attempted murder.
- However, if they knew the gun would not fire, then (as I understand
- it) they could probably only be charged with something like assault.
- In both cases, the behavior and even the results (the gun doesn't
- fire) is the same, but the intent of the person performing the action
- is different, making it a different crime.
-
- The rational behind hate-crimes law is that a person performing an
- assault based on the race/sex/religion/etc of the victim is attempting
- to harrass the community identified with the victim through fear, in
- addition to the criminal act that was performed. It is this
- additional harassment of a target group that society (in this case,
- the law) deems worthy of greater punishment than the isolated act of
- physical abuse of one person.
-
- One thing you said was that hate-crime laws attempt to "regulate and
- illegalize" belief. This is not true. Hate-crime laws do *not*
- outlaw belief. People are allowed to express these beliefs in
- appropriate, non-violent ways. They do, however, indicate that
- society disapproves harshly of people who choose to act violently
- based on their beliefs. The most that can be said of the government in
- these cases is that the government is "encouraging" belief in
- tolerance. It is hardly making other beliefs illegal.
-
- >That is, if someone discriminates, and
- >then it is shown that they ALSO had discriminatory intent, there is --
- >and SHOULD BE -- no additional liability for damages (one is
- >already responsible for lost wages, loss of property, etc, either
- >way). The analogy with "hate-crimes" I mean to be drawing is just
- >that, where "hate-crime" laws exist, if one is found guilty of
- >assault, then later shown to have a "hateful-intent" behind the
- >assault, one IS LIABLE for additional criminal penalties! Talk about
- >"double jepardy!"
- >--
-
- When refering to discrimination, if it can be show that discrimination
- was performed with *intent*, then if I am not mistaken, the person
- discriminated against will most likely be able to collect damages and
- penalties over and above lost wages/property/etc. Whereas if no
- intent is shown, merely correcting the discrimination would suffice.
- (I can't verify the legal presidents involved in discrimination
- decisions. This is my best guess as to ways that discrimination suits
- are settled.) So even in the case of discrimination, intent plays a
- role in the possible penalty of the perpetrator.
-
- And please don't use phrases like "double jeopardy" incorrectly. That
- only means you cannot be tried for the same crime twice. I assume you
- were just being cute, but it doesn't apply at all in this situation.
-
-