Quote:
Originally posted by smooth
Do you really disagree that there are different levels of taking a life--each with its own culpability?
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Never said it, never suggested it.
But first degree murder is still first degree murder, whether or not it is the man who is sleeping with you wife or the gay man next store.
Same with second degree murder, manslaughter, etc.
And I'll repeat: The "hate crime" designation is an attempt to punish 'thought', which I cannot approve of.
And while you cleverly try to argue that the courts have a long history of distinguishing levels of offense based on "thought", what you fail to say is that in all the cases (save one), they are actually considering the
intent surrounding the crime. In other words, did the perpetrator plan the crime, was it accidental, etc. Most people (myself included) find these are reasonable questions. In the case of mental insanity, the question becomes, did the perpetrator know what the did was wrong at the time of the crime (much simplified). This goes to mental
state, not intent.
"Hate crimes" on the other hand, fall into the realm of
motive.
Now we can argue all day whether or not motive has any place in sentencing, but in my mind, it is disingenious at best to consider motive when deciding on the severity of a crime, such as homicide.
If you have a problem with the severity of sentences in such cases, then I believe your complaint should rest on the sentence associated with the crime and not the motive of the criminal. Do do less is offensive to those victims who where not victims of a "hate crime" but who are victims nonetheless.