Quote:
|
Originally Posted by loquitur
dc_dux, the distinction in hate crimes has little to do with mens rea (the technical legal term for criminal intent). It has to do with motive, which is a distinct concept from intent. Related but separate. In most criminal law motive is probative of intent but not dispositive, and is not in any case an element of the crime.
|
loquuitor....I stand corrected. I do appreciate the legal knowledge that you bring from experience.
Take an example:
Guy A spray paints graffiti on a subway car....motve = self-gratification or maybe just for kicks?
Guy B spray paints a swastika on a synagogue...motive = intimidation
Two cases of vandalism.....should they be subject to the same penalty? Would a hate crime law make a difference in sentencing?
or
A couple of rowdy guys (lets call them will and rb) take a couple of pieces of 2x4 lumber out of a shop class in a predominantly white school and burn them on the football field to celebrate the end of the school year.
A couple of angry guys at the same school (lets call them seaver and ustwo) take a couple of pieces of 2x4 lumber out of the same shop class and burn a cross on the football field to intimidate the small number of black students in the school.
Assume the state has no cross burning law......same crime, same penalty?