11
   

The Horror of Hate Crimes

 
 
BillRM
 
  0  
Reply Mon 15 Aug, 2011 12:48 pm
@firefly,
Quote:
But I don't think BillRM, who is ignorant of the actual specific bias laws, trusts the jury system either


Let see if memory service me correctly only 8 percents of cases or so ever come before a jury at the states or Fed levels.

Such hate crime laws are just another tools for prosecutors to get someone to plea out.
0 Replies
 
BillRM
 
  0  
Reply Mon 15 Aug, 2011 12:49 pm
@firefly,
Quote:
This is not being regarded as a capital crime.


That may be the problem if true.......................
firefly
 
  1  
Reply Mon 15 Aug, 2011 01:19 pm
@BillRM,
YAWN....

I love the way you just go on making one post after another...just like JGoldman10. The two of you do a lot of talking to yourselves. Laughing
BillRM
 
  1  
Reply Mon 15 Aug, 2011 03:57 pm
@firefly,
Quote:
love the way you just go on making one post after another...just like JGoldman10. The two of you do a lot of talking to yourselves.


Whatever firefly however people should be punish for their misdeeds not what the hell they might repeat might had been thinking that motive them to do those misdeeds.

To do otherwise is opening a can of worms that on the hold is likely to result in far more injustice then it prevent and cause far more hate and tension when it also prevent between groups in this society.

Oh in the case of JG he can hate/dislike whites all he care to and if he happen to start a fight with a white person in a bar or somewhere else he should be punish for starting the fight not for disliking whites and starting a fight with a white person.

Hell do you think that JG opinion of whites is going to be improve if instead of thirty days behind bars he received a sentence of 6 months due only to his public stated dislike for whites and the fact that the fight was with a white man?
firefly
 
  1  
Reply Mon 15 Aug, 2011 07:32 pm
@BillRM,
Quote:
Whatever firefly however people should be punish for their misdeeds not what the hell they might repeat might had been thinking that motive them to do those misdeeds.

Try reading the actual bias crime laws--they punish actions, behavior, not what people are thinking or the attitudes they hold. Your ignorance of the actual laws is blatantly apparent.

You also seem oblivious to the fact that laws against murder take into account the motive, or intention, or "mental state" of the person committing the act. There is nothing unusual about including intention as an element in many types of criminal acts.

In the case of the killing of Marcelo Lucero, which I posted earlier, the jury was convinced beyond a reasonable doubt that this was a bias-related manslaughter--and it was part of a pattern of attacks on Latinos by this same group of teens. This death was a lynching and the victim was selected at random only because he was Hispanic. The motive was to beat and kill a Hispanic. Crimes of that nature threaten the civil liberties of an entire group within a community which is what makes a sentencing enhancement for bias appropriate--the laws are meant to have a deterrent effect as well as to punish transgressors. Bias-related crimes have effects that go beyond an individual victim--they have intimidating effects on other members of that same group within the community, and frequently that is also part of the motivation for such acts.

Whether a crime is bias-related is left to a jury to decide, and they are guided by the law exactly as it is worded. Since motive is an essential component of a bias crime, that motive must be proved to a jury's satisfaction.

All your posts demonstrate is your ignorance of the actual bias-crime laws. You seem to have the rather absurd idea that you can knowledgeably criticize these laws without even knowing what they say and exactly how they are worded. All you do is wind up sounding absurd.
0 Replies
 
Finn dAbuzz
 
  0  
Reply Tue 16 Aug, 2011 12:51 am
Too many pages to wade through:

The notion of a "hate crime," is not only ridiculous, it is obscene.

Better we should increase the punishment for crimes of Whites against Blacks, because that, at least, would be an honest expression if what is intended by "Hate Crimes."

It is entirely political, and by no means sensible.

The Usual Suspects and Convenient Idiots will, no doubt, caterwaul about the sad state of affairs of The Poor.

The Poor in America are the mega-rich throughout the rest of the world.

But middle class Liberals who don't strive for anything more are only too happy to put a cap on the wealth of the people who dare to do much more.

And so we have a rather large segment of our population who prefer to argue that others should give them a large sum of their money rather that earning it themselves.

It is unsustainable, and yet they long to replicate the angry Greek here in America.

If I haven't made it clear yet...they make me sick.


hawkeye10
 
  1  
Reply Tue 16 Aug, 2011 01:05 am
@Finn dAbuzz,
The Conservatives have their hands dirty as well, they who have wanted to be stern daddy so badly that they have agreed to extend the penalties on the most intellectually bankrupt and unjust of explanations .
0 Replies
 
BillRM
 
  0  
Reply Tue 16 Aug, 2011 04:33 am
@Finn dAbuzz,
The hate crimes laws was sold on a wave of emotions as a means of punishing such members of hate groups as the KKK.

The only problem is if you are a black man for example you are 2.5 times more likely to be charge under the hate crime laws then a white person.

The idea that because of JG for example exercising his rights under the first amendment that he had placed himself at great risk of being charge with a hate crime if he ever come into conflict with a white person is more then troublesome.

It is a back door means of punishing people for their non-PC opinions if they ever get into conflict with a group member that they had express an unkind opinion of.

Thank god for the first amendment as otherwise we would have hate speak laws and people like Firefly and AM reporting half the posters on this website for the crime of hate speak.

Arella Mae
 
  1  
Reply Tue 16 Aug, 2011 07:15 am
@BillRM,
Thank god? That's pretty funny coming from you.
BillRM
 
  1  
Reply Tue 16 Aug, 2011 07:52 am
@Arella Mae,
Quote:
Thank god? That's pretty funny coming from you
.

You have not a clue what god I was thanking now do you as in all the history of mankind there are 100 of thousands of gods and everyone of them is as real as the Christian three in one god.
Arella Mae
 
  1  
Reply Tue 16 Aug, 2011 09:01 am
@BillRM,
Oh for pete's sake! It was HAHA funny! I should have put a smiley emoticon on there. It made me laugh is all. Laughing

But seriously, why would you thank any god when you don't believe in any god? That seems an irrational and illogical thing to do, doesn't it? Thanking "something/someone" you don't even believe exists Question
BillRM
 
  2  
Reply Tue 16 Aug, 2011 10:23 am
@Arella Mae,
You got to be kidding me as it is a common saying in this culture and does not imply a belief in any god for god sake! Drunk

Even sane atheists had grown up in this culture and therefore picked up common sayings.
Arella Mae
 
  1  
Reply Tue 16 Aug, 2011 10:29 am
@BillRM,
BillRM wrote:

You got to be kidding me as it is a common saying in this culture and does not imply a belief in any god for god sake! Drunk

Even sane atheists had grown up in this culture and therefore picked up common sayings.



I see. YOU say thank god but you believe in NO GODS. I say thank God because I believe in God and I am the irrational and illogical one? So, you pick up common sayings even though they are not logical? I can't keep up with you bill. You keep pushing logic yet keeping saying and doing illogical things.

So much for logic, huh?
Arella Mae
 
  1  
Reply Tue 16 Aug, 2011 10:37 am
@BillRM,
BillRM wrote:

You have not a clue what god I was thanking now do you as in all the history of mankind there are 100 of thousands of gods and everyone of them is as real as the Christian three in one god.


BTW, what God is it that you were thanking since you said "I WAS THANKING"? So, you were thanking one or it was just a common saying you picked up?
0 Replies
 
BillRM
 
  1  
Reply Tue 16 Aug, 2011 11:15 am
@Arella Mae,
Playing games AM?

I was being cute back to you with what of the hundred thousands of gods was I referring to comment.

You do know the meaning of being a godless atheist I would assume after all?

The important word is godless as in not a believer in any imaginative god or gods.

You question made as must commonsense knowing that I am a sane non-believer in fairy tales as if I would ask you what god you was thanking knowing that you are a believer in the three in one god of the Christian faith fairy tale.

firefly
 
  1  
Reply Tue 16 Aug, 2011 11:39 am
@BillRM,
Quote:

It is a back door means of punishing people for their non-PC opinions if they ever get into conflict with a group member that they had express an unkind opinion of.

That is another of your absurd statements. Bias-crime laws do not punish opinions, whether these opinions are PC or not. Again, you demonstrate nothing more than your embarrassing ignorance of actual bias crime laws.

Bias crime laws enhance penalties for acts which are already criminal under existing law.

Since the element of bias must be proved to a jury's satisfaction, it is not an easy matter to convict someone of a crime which is bias-related. A judge alone cannot impose enhanced penalties for bias-related criminal acts, it must be the finding of a jury that bias was an element of the crime--and the evidence of bias must be explicit.
So, your claims of people being pushed into plea deals on bias-related crimes is nonsense. The plea deals would involve only the criminal acts without the element of bias, which would make them no different than the plea deals in any other criminal case.
Quote:
The hate crimes laws was sold on a wave of emotions as a means of punishing such members of hate groups as the KKK.

Groups such as the KKK could be punished under existing criminal laws, they didn't need bias-related laws to do that. The bias-laws simply provided enhanced penalties when bias was a factor in the criminal act. The enhanced penalties are intended to send a strong message about the unacceptability of such bias-related criminal acts, because the element of bias is seen to increase the seriousness of the offense in terms of the impact on the community.

And these laws were never intended to just protect minority groups--these laws help to protect the civil liberties of virtually all groups in the community.

It is more than naive to think that blacks cannot be as motivated by hatred, and just as biased as whites, and that this would not be a factor in the commision of certain crimes. Consider this case, in which a black man was convicted of a bias-related crime.
Quote:
The New York Times
March 2, 2007
Man Is Convicted of Attempted Murder as Hate Crime in Village Rampage
By ANEMONA HARTOCOLLIS

An unemployed barber who went on a shooting rampage in an East Village wine bar more than four years ago, screaming, “White people are going to burn tonight,” was convicted yesterday of attempted murder as a hate crime.

The barber, Steven Johnson, 39, shot and wounded three people and sprayed several patrons with kerosene, threatening to set them on fire, at Bar Veloce on Second Avenue in June 2002.

He was disarmed after two women in the bar tackled him.

The women, Anne Hubbard, who was 34 at the time, and Ann-Margret Gidley, who was 23, were waitresses at the Gotham Bar and Grill. They had gathered at Bar Veloce with other Gotham employees for a farewell party for a waiter moving to Dallas, when Mr. Johnson burst in.

Mr. Johnson shot Ms. Hubbard in the shin as she tackled him. Shoji Iso, the owner of a sushi restaurant three doors down, heard the commotion and was shot in the wrist when he peeked in the door of Bar Veloce to see what was going on.

The jury of six women and six men in State Supreme Court in Manhattan convicted Mr. Johnson yesterday after four and a half days of deliberation. They rejected the contention of Mr. Johnson’s defense lawyer, Michelle Gelernt, that he was suffering from delusions and therefore not legally responsible for what he did.

It was the second trial for Mr. Johnson; a jury deadlocked in his first trial in November 2004.

One of the jurors, Harry Donas, 45, an engineer, said after yesterday’s verdict that the jury thought there were other reasons besides delusions to explain Mr. Johnson’s behavior. Among them, Mr. Donas said, were that his female companion had died of AIDS, that he planned it two months earlier, and that he was losing his business.

Attempted murder normally brings a sentence of up to 25 years in prison. But prosecutors said yesterday that Mr. Johnson faced a potentially longer sentence, depending on his prior record, because attempted murder as a hate crime is considered a more serious offense than attempted murder.

Mr. Johnson has a criminal record for weapons and drug arrests going back to 1985. He showed no reaction to the verdict yesterday. Sentencing was scheduled for later this month.

On the night of the shooting, Mr. Johnson — armed with a samurai sword, three pistols, kerosene and plastic handcuffs — took the train from his Williamsburg, Brooklyn, housing project into Manhattan, later telling the police that he went to the East Village in search of people partying, and that he wanted to kill as many white people as he could.

The rampage began around 2 a.m., when he demanded a man’s wallet and then shot him in the torso.

Police Commissioner Raymond W. Kelly said after the shooting that the attack was so bizarre that it could only have been the product of someone who was “clearly deranged.”
http://www.nytimes.com/2007/03/02/nyregion/02shootout.html


And the sentence that Mr. Johnson received was indeed stiff....

Quote:
Black Charged with Hate Crime, Sentenced
2007-03-22

Desired to kill 'happy white people'
By SAMUEL MAULL

NEW YORK - A judge sentenced a man to 240 years in prison Wednesday for taking hostages in a bar and telling patrons that "white people are going to burn tonight."

State Supreme Court Justice Maxwell Wiley told Steven Johnson, 39, who is black, that he had forfeited his "right to live in society."
Johnson, 39, was convicted March 1 of attempted murder, assault and other charges, including some designated as hate crimes.

Johnson invaded Bar Veloce, in Manhattan's East Village neighborhood, while nine men and six women were inside it June 16, 2002. He was carrying three pistols, a samurai sword and a container of kerosene.
http://www.wvwnews.net/story.php?id=137


In this very recent incident in Wisconsin, which took place at a state fair, hate crime enhancements will apparently be lodged against some of the teens involved.
Quote:
Wisconsin State Fair mob attack: Police seek hate crime charges
By Patrik Jonsson, Staff writer
August 12, 2011

Police in West Allis, Wis., say some attacks by black teenagers on white people outside the gates of the Wisconsin State Fair on Aug. 4 were racially motivated and should be prosecuted as hate crimes.

One African-American teenager arrested Wednesday confirmed witness statements suggesting that the large group of black teens, who had originally fought among themselves, specifically targeted white people as they spilled out of the large fairgrounds on the outskirts of Milwaukee at closing time. According to the West Allis Police, he said he personally picked out white people because they were "easy targets." Eleven people were hurt.

The incident sparked a crackdown by Gov. Scott Walker (R) and widespread condemnation of the acts by leaders in Milwaukee's black community. After the incident, Milwaukee joined Chicago and Philadelphia in efforts to combat a spate of recent attacks by groups of primarily African-American teens against strangers who are white.

Opportunistic thrill-seeking and resentment fueled by stark segregation and high unemployment among young black males (39 percent versus 23 percent for white teens) have been cited by sociologists as possible causes for the recent attacks. The attacks have touched off debates in Milwaukee and elsewhere about who bears ultimate responsibility for the incidents: parents or society at large?

While racial motivations have been suspected in several other mob attacks, the recommendations by the West Allis police department appears to be the first time that specific hate charges have been cited in relation to recent attacks. Two similar attacks earlier this year in Milwaukee did not result in hate crime charges against the suspects.

"Attacking anyone based on their ethnicity or color means a racial hate crime should be an additional" charge, said Milwaukee Common Council President Willie Hines, who is black, two days after the attacks.

Of a total of 36 race-related hate crime prosecutions in Wisconsin in 2009, 27 of the alleged crimes were antiblack, two were antiwhite, and the remainder were against other ethncities or nationalities, according to the most recent statistics from the Wisconsin Office of Justice Assistance.

Governor Walker deployed more state police to the fair after the incident and ordered that teens have to be chaperoned after dark. No other incidents have since been reported at the fair, which ends Aug. 14.
http://www.csmonitor.com/USA/Justice/2011/0812/Wisconsin-State-Fair-mob-attack-Police-seek-hate-crime-charges


Quote:
The only problem is if you are a black man for example you are 2.5 times more likely to be charge under the hate crime laws then a white person.

Not according to the data cited for Wisconsin in the above article. The figures you are using seem to be over a decade old. Newer data might not support your conclusions. In fact, there have been recent criticisms of the U.S. Justice Dept. for not wanting to acknowledge or prosecute black on white bias-related crimes.

Bias-crimes are equally deplorable regardless of which racial group commits them.






Arella Mae
 
  1  
Reply Tue 16 Aug, 2011 11:42 am
@BillRM,
I don't do this often Bill but you are a flat out liar. You were not being cute, you were being sarcastic. That drunk emoticon isn't cute. You just can't admit you are a human being and you might possibly put your foot in your mouth just like the rest of us do. You HAVE to win at all costs, don't you?

You do nothing but backpeddle, cover up, bash, cuss, and flat out lie. I don't think you will ever see how hypocritical you are. I try to make peace and be civil and you say I am all emotional.

You say us, the religious, kill, etc., for our faith. I guess we should all be like you? If we don't agree with someone we should verbally attack them? You EXEMPLIFY this very thread. How do you think people get to the point this young man got to when he ran over that BLACK man? I would imagine he had someone, maybe many someones, bashing blacks and telling him it was okay.

You jumped all over me about my comment about Pamela, remember? IF Pamela really feels that way, she is just as wrong as you are. I said not one nasty word to you, Bill and look at you! Next thing you know, you'll be out there killing anyone different than you and thinking it's perfectly ok or maybe you won't. The point is HATE CRIMES don't start with the crime itself. They start with the thinking. Thinking (the generic) YOU are better than someone else and because of it you can treat them like trash.

Was I playing games with you? No. I certainly could have let the stuff you said just go right on by but why should I? YOU EXEMPLIFY how hate crimes begin.
0 Replies
 
firefly
 
  2  
Reply Tue 16 Aug, 2011 11:46 am
@BillRM,
Quote:
You question made as must commonsense knowing that I am a sane non-believer in fairy tales as if I would ask you what god you was thanking knowing that you are a believer in the three in one god of the Christian faith fairy tale.

You really are just like JGoldman10--you are flip sides of the same coin when it comes to religious bigotry.
And, for that reason, neither of you can stop baiting people on the issue of religion. And both of you wind up being nothing more than irritating and boringly repetitive on that topic.

Arella Mae was quite right when she said this to you
Quote:
The point is HATE CRIMES don't start with the crime itself. They start with the thinking. Thinking (the generic) YOU are better than someone else and because of it you can treat them like trash.


She's right. You don't just disagree, you belittle and insult, and that is the genesis of bigotry.
BillRM
 
  1  
Reply Tue 16 Aug, 2011 12:29 pm
@firefly,
Let see a man was having problems with a neighbor for a fairly long time over lawn cuttings of all things and it reach the blow up point where he call him out.

The neighbor happen to be openly gay and the man made the PC error of using gay slurs in calling him out for a fight and my my we have a hate crime even those the fight have zero to do with the man being gay but how he was mowing his lawn.

If the man mowing the lawn have been white and the annoy home owner happen to be black and called him out using racist slurs concerning whites it would had been an hate crime also.

Hell in one example I had already posted here a gang of young teenagers with one Latino member was all charge with hate crimes against Latinos because they picked on older Latinos farm workers to rob under the theory that they could not defend themselves being older and might be slower to report the crimes because of fear of the INS.

Now they clearly did not hate Latinos as one of their members was clearly Latino and yet all was charge with a hate crime against Latinos even the Latino member of the gang.

Yes the kids was hoodlums and should be punish but not for hate crimes directed at Latinos.

This nonsense was sold to the public in order to punish white straight men with special reference to hate group members who committed crimes against blacks and gays and yet it is clearly being used mainly as a tool of prosecutors to add to the list of charges in any crime even in some cases where both parties the victim and the attacker are members of the same grouping to get a better position in plea bargaining.
firefly
 
  1  
Reply Tue 16 Aug, 2011 01:24 pm
@BillRM,
Quote:
The neighbor happen to be openly gay and the man made the PC error of using gay slurs in calling him out for a fight and my my we have a hate crime even those the fight have zero to do with the man being gay but how he was mowing his lawn.

Are you quite sure that would be a hate crime under the laws of your state?
Under the laws of my state, the situation you describe would not justify a bias-related assault charge. Simply using slurs does not make a criminal act of assault bias-related.

Flaunting your ignorance of the actual bias-crime laws, as you are doing, really does nothing but embarrass you.
Quote:

This nonsense was sold to the public in order to punish white straight men with special reference to hate group members who committed crimes against blacks and gays and yet it is clearly being used mainly as a tool of prosecutors to add to the list of charges in any crime even in some cases where both parties the victim and the attacker are members of the same grouping to get a better position in plea bargaining.

You obviously haven't been reading my posts, or they are just going over your head. A "hate crime" is not a separate charge for an entirely new type of crime--it's most usually a penalty enhancement for a criminal act when that criminal act is determined, by a jury, to be bias-related. It does not add to the list of charges--it simply might increase the penalties for some charges. Bias-related elements of crimes must be determined by a jury--they would not enter into plea bargains. So, nothing you are saying is accurate.

Your posts should be labelled, "The Fictional Version of Bias Crimes" according to BillRM. Laughing

You are also using the term "hate crime" too literally, in addition to using it inaccurately. Bias-crimes are divided into two models, one is discriminatory, the other is based on group animus. A bias-related crime might be discriminatory without being based on hatred for a group.
Quote:

There are two analytically distinct, albeit somewhat overlapping models of bias crimes. These models may be referred to as the discriminatory selection model and the group animus model. (In this terminology, group is used to represent all group characteristics that constitute bias crimes, such as ethnicity, race, or religion.)

The discriminatory selection model of bias crimes defines these crimes in terms of the perpetrator's selection of his victim. It is irrelevant why an offender selected his victim on the basis of race or other group; it is sufficient that the offender did so. The discriminatory selection model received much attention because it was a statute of this model that was upheld by the Supreme Court in Wisconsin v. Mitchell, 508 U.S. 476 (1993). The group animus model of bias crimes defines crimes on the basis of a perpetrator's animus for the group of the victim and the centrality of this animus in the perpetrator's motivation for committing the crime. Florida and Massachusetts, among other states, have adopted group animus bias crimes laws. Many and perhaps most cases of discriminatory selection are in fact also cases of group animus bias crimes, but not all. A purse snatcher, for example, who preys solely on women, finding it more efficient to grab purses than to pick wallets out of men's pockets, would have discriminatorily selected a victim on the basis of gender, but not with group animus.

Most states with bias crime laws have adopted statutes that draw on both models. These laws provide enhanced sentences for crimes committed "because of " or "by reason of " the victim's real or perceived membership in a particular group. Although these statutes lack explicit reference either to discriminatory selection or animus, they share attributes of both. "Because of " statutes look to the perpetrator's selection of the victim. In addition, particularly in those states that require a finding of maliciousness, "because of " statutes are akin to animus as well.

Under any of these models, bias crimes can arise out of mixed motivation where the perpetrator of a violent crime is motivated by a number of different factors in the commission of the crime, bias among them. To constitute a bias crime, the bias motivation must be a substantial motivation for the perpetrator's criminal conduct. Under the Supreme Court decision in Apprendi v. New Jersey, 120 S.Ct. 2348 (2000), all elements of a bias crime must be submitted to a jury (or judge as a trier of fact) and proven beyond a reasonable doubt; a sentence enhancement for a bias crime may not be imposed on a finding by preponderance of evidence by the sentencing judge.
http://law.jrank.org/pages/1313/Hate-Crimes-Elements-bias-crimes.html

Are you even aware of the wording of the bias-crime laws in the state you live in?

Judging from the ignorance being displayed in your posts I doubt it.

The only point in responding to you is that it allows me to post more accurate information which might help to educate other readers of this thread about the nature of bias-crime laws.




 

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