Should assaulting police officers be considered a hate crime?

[Jeremiahcp]

And I don't think that people suffering from equivalent crimes should receive less justice than others because of legal policies based on social and cultural trends.

That is the difference, you see them as "equivalent", but not everyone does. Judges almost always consider possible intent when considering punishment. They want to know if the person is likely to do it again or if this was just a one time mistake.

Factors Considered in Determining Sentences - FindLaw

Common factors considered by judges include:

• whether the offender is a "first-time" or repeat offender,
• whether the offender was an accessory (helping the main offender) or the main offender,
• whether the offender committed the crime under great personal stress or duress,
• whether anyone was hurt, and whether the crime was committed in a manner that was unlikely to result in anyone being hurt,
• whether the offender was particularly cruel to a victim, or particularly destructive, vindictive, etc.
  (sometimes) whether the offender is genuinely contrite or remorseful.

The idea is to assess how much of a danger the person is to society, and to fit the punishment to the crime. If someone just made a bad choice then they may not be as much as a danger to society, but if someone hates a group of people so much that they actively seek to hurt those people, then they are a greater threat to society.

I am saying I necessarily agree with hate crime laws, but I get the reasoning behind them.

 

[Kilgore Trout]

How is hatred of a group a "separate category" from the perpetrator's intent?

I can only assume you're not familiar with what the degrees of crimes differentiate.

 

[Kilgore Trout]

I am saying I necessarily agree with hate crime laws, but I get the reasoning behind them.

Oh, I understand the reasoning behind them, as well. I just think the reasoning is flawed in the context of a rational and fair justice system.

 

[Nous]

How is hatred of a group a "separate category" from the perpetrator's intent?

You seem to be implying that "hate" cannot be part of a person's intent for an assault or murder. Hate is part of the intent motivating the majority of assaults and murders.

I can only assume you're not familiar with what the degrees of crimes differentiate.

I'm quite familiar with the various designations of culpability.

Again, I ask: How is hatred of a group a "separate category" from the perpetrator's intent?

And if hatred were a "separate category" from the perpetrator's intent, how would that argue against penalty enhancement for hate crimes?

 

[Kilgore Trout]

I'm quite familiar with the various designations of culpability.

Again, I ask: How is hatred of a group a "separate category" from the perpetrator's intent?

Then, I assume, you must be know that 'degrees' deal with whether there was intent or not (the degree of intent), not the specific motivation behind the intent.

And if hatred were a "separate category" from the perpetrator's intent, how would that argue against penalty enhancement for hate crimes?

It wouldn't. That's not my argument against "hate" crimes. I was simply correcting the notion that a "hate" crime is an apt analogy for the "degree" of a crime. It's a lot of work trying to aim for all these moving goal posts.

 

[Nous]

Then, I assume, you must be know that 'degrees' deal with whether there was intent or not (the degree of intent), not the specific motivation behind the intent.



It wouldn't. That's not my argument against "hate" crimes. I was simply correcting the notion that a "hate" crime is an apt analogy for the "degree" of a crime.

The concept of "intent" in the law (mens rea) obviously does not exclude committing a crime out of hatred for a group.

 

[Kilgore Trout]

The concept of "intent" in the law (mens rea) obviously does not exclude committing a crime out of hatred for a group.

Maize, also known as corn, is a large grain plant first domesticated by indigenous peoples in southern Mexico about 10,000 years ago.

 

[Nous]

Maize, also known as corn, is a large grain plant first domesticated by indigenous peoples in southern Mexico about 10,000 years ago.

Be sure to let me know if you have a relevant thought on the topic here.

 

[Kilgore Trout]

Be sure to let me know if you have a relevant thought on the topic here.

I figured as long as we throwing out non-sequiturs, why be coy about it?