n yusef
Platinum Member
- Feb 20, 2005
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Originally posted by: MotF Bane
Originally posted by: n yusef
There are two characteristics of "hate crimes" (which are more accurately termed "bias-motivated crimes"). First is motivation, i.e., criminal action against someone because of their identity. Second is terrorism. By terrorism, I mean the use of violence against one group member to threaten other group members. As I see it, the state is not justified in penalizing motivation, but it should punish terrorists more harshly than it does ordinary criminals, because of the unique secondary effects of terrorism (the implicit threat of further crime, and the galvanization of the terrorists supporters).
I say, repeal "hate crime" legislation and try suspects of bias-motivated crimes as terrorists.
/facepalm
What's so odd about this? When I think of bias-motivated crime, I think of cross burning, lynching, gay-bashing, murder of abortion providers', etc. All of these crimes are terrorism at the most literal level--they aim to restrict the rights of groups by deterring them from certain actions (being in an interracial relationship, being openly gay, providing abortions) through violence. The effects of their crimes exceed the principle victim, which, through the logic of proportional punishment, should net the perpetrators of these crimes increased or more severe sentences.
Hate-crime laws were first enacted to create federal jurisdiction for local crimes, which were often biased (for example, all-white juries would acquit lynchers). The need for federal jurisdiction remains, as anti-gay, anti-transgender, anti-immigrant and anti-Muslim sentiments are still very common in certain areas of the country.
"Hate crimes" are terrorism, and current terrorism laws serve the purposes of my vision of bias-motivated crime deterrence and punishment. As I posted above, I do not support the state in its measurement, judgment and punishment of motivation, but I think it should punish criminals for the secondary effects of their crimes. Thus, I am against the investigation of the motivations of a bar-fighter, because the effects of bar-fighting are minimal, regardless of the fighter's bias.
I sincerely ask, what is so weird about my position?