Didn't we already slice crimes by degree of intention (e.g., murder vs. manslaughter) pre-Orwell?
Burr Send a noteboard - 24/10/2009 05:23:56 AM
Actually, I agree with you in cases where impulsive crimes like manslaughter or provoked assault are prosecuted as hate crimes. That's like saying one dangerously irrational predisposition may be better than another equally irrational predisposition even when they have the exact same result.
But when the crime is planned, then distinguishing them based on the amount of thought put into it is a natural extension of what we already do:
Manslaughter: "I was then pre-disposed (given who, when, why, where, and how) to now kill X."
Murder: "I was then pre-disposed (given who and why) to then gradually plan (filling in when, where, and how) to now kill X."
Murder Hate-Crime: "I was then pre-disposed (given why) to then gradually plan (filling in when, where, and how) to then gradually plan (filling in who) to now kill X."
If planning to kill someone given the chance is more criminal than killing them without malice aforethought, then surely planning to make such plans given the chance is even more criminal than that. You can take "more criminal" to mean "less likely to be a one-time event," "harder to rehabilitate," or even "invoking vengeance from a broader group of affected people." Whichever you pick, it makes sense that the more open variables in the planning process, the more criminal the chain of behavior as a whole.
But when the crime is planned, then distinguishing them based on the amount of thought put into it is a natural extension of what we already do:
Manslaughter: "I was then pre-disposed (given who, when, why, where, and how) to now kill X."
Murder: "I was then pre-disposed (given who and why) to then gradually plan (filling in when, where, and how) to now kill X."
Murder Hate-Crime: "I was then pre-disposed (given why) to then gradually plan (filling in when, where, and how) to then gradually plan (filling in who) to now kill X."
If planning to kill someone given the chance is more criminal than killing them without malice aforethought, then surely planning to make such plans given the chance is even more criminal than that. You can take "more criminal" to mean "less likely to be a one-time event," "harder to rehabilitate," or even "invoking vengeance from a broader group of affected people." Whichever you pick, it makes sense that the more open variables in the planning process, the more criminal the chain of behavior as a whole.
||||||||||*MySmiley*
Only so evil.
Only so evil.
This message last edited by Burr on 24/10/2009 at 05:26:34 AM
Matthew Shepard act passed
23/10/2009 07:54:07 PM
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Meh
23/10/2009 08:06:22 PM
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I'm sure Orwell would be intrigued by his own prognosticative abilities.
24/10/2009 12:52:24 AM
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Didn't we already slice crimes by degree of intention (e.g., murder vs. manslaughter) pre-Orwell?
24/10/2009 05:23:56 AM
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How about DADT, or employment non discrimination, or federal benefits for civil unions/marriages?
24/10/2009 01:23:06 AM
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See..this is much more important than Hate Crime Legislation, and it actually accomplishes something *NM*
24/10/2009 01:52:31 AM
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Agreed, but
24/10/2009 02:12:11 AM
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I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
24/10/2009 02:22:46 AM
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I'm sure the law is not supposed to deter crime, but rather to ensure justice.
24/10/2009 03:49:58 AM
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Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
24/10/2009 04:07:52 AM
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Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
24/10/2009 04:51:43 AM
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Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
24/10/2009 05:02:27 AM
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Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
24/10/2009 05:27:35 AM
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So it's inherently worse for a gay man to get beaten up than a straight guy?
24/10/2009 03:45:43 AM
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Doesn't there have to be an indication ...
24/10/2009 04:33:49 AM
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Doesn't matter, Same crime, same punishment, with no extra preference given to anyone.
24/10/2009 04:48:22 AM
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All orientations are protected.
24/10/2009 05:17:55 AM
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yes and how many black men are sentenced for attacking white men?
24/10/2009 02:00:26 PM
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Minor point.
24/10/2009 04:46:25 PM
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well since almost everything he said turned out to be BS why not that too?
25/10/2009 02:36:25 PM
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