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playing lawyer...
How can that be?
Isn't the very definition of a hate crime based on the intention of the perpetrator?
- Russell Fine
November 3, 2009 8:24AM
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Precisely
You're precisely correct, Russell. Prosecution of hate crimes must, by definition, prove intent.
- Babaroni
November 3, 2009 9:52AM
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you must enjoy...
being wrong! hate crimes are specific acts by statute. Get educated. If I write on a Lesbian's house in spray paint, " lesbians are %&*)(^&^()" it doesn't matter what my intention was, the act itself constitutes a hate crime .
- CitizenZebra
November 3, 2009 9:20PM
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intentions
If someone did spray paint such slurs on a lesbians house ... or racial slurs on a black church ... or anti-Semitic slurs on a synagogue then would it not be reasonable to look at it as a crime directed at those minority groups?
- MrBook
November 3, 2009 10:02PM
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It would be considerable...
but not proof, maybe the person was mad at the preacher?
That is why the law looks at the act and possible intent as seperate issues.
- CitizenZebra
November 4, 2009 10:51AM
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burden
Which is why there is a burden of evidence when it comes to declaring something a hate crime , vandalizing a church is not a hate crime… vandalizing a church with the intent to intimidate a minority is a hate crime.
What you seem to not notice is that hate crime legislation has been on the books for a few years now, and has not led to an abridgement of free speech … nor has it led to a huge number of hate crime convictions.
- MrBook
November 4, 2009 5:43PM
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Mr book... just to clarify...
It is "burden of proof" not "burden of evidence".
You were responding to citizenzebra, who clearly stated the correct facts and does notice, contrary to your claim.
Also, terrorism and hate crimes are absolute different acts under the law , contrary to barbaroni.
It is easy to argue what you think, not so easy to argue fact. It helps to know what is actually fact, law etc before making ridiculous claims.
- Argenious November 4, 2009 5:57PM
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Your act
Your act, itself, shows your intent. If your intent was not to terrorize "lesbians," then you would not have written a hateful statement about lesbians *during the commission of a crime * (vandalism) against a particular lesbian. That is the crime, and the intent to incite fear in the larger community, contained within the act you describe. That's why it's a hate crime .
- Babaroni
November 4, 2009 8:05AM
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blah...blah...
You continue to make up your own little set of rules etc, which amount to just that, a made up set of rules, definitions etc.... take your argument to court and see how far it gets you!
The act does not show intent... under the law they are two seperate considerations.... e.g. murder , manslaughter, accidental death etc..!
If you are unable to tell the difference or understand fact, then don't accuse those who do, of being illogical or using ad hominem remarks.
- CitizenZebra
November 4, 2009 10:46AM
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You can make it up
You can make it up as you go along, if you like, CZ, but the fact is, it HAS been argued in court, and courts have repeatedly found that such statements made during the commission of a crime DO constitute "intent" consistent with a hate crime .
- Babaroni
November 4, 2009 11:31AM
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you obviously can't understand
Be happy in your own little world.
- CitizenZebra
November 4, 2009 4:31PM
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No....
"Hate crime " generally refers to criminal acts which are seen to have been motivated by hatred of one or more of the listed conditions . Incidents may involve physical assault, damage to property, bullying , harassment, verbal abuse or insults, or offensive graffiti or letters. The act itself is the crime, not the intent, or motive, etc.
- CitizenZebra
November 3, 2009 9:28PM
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