Should gang related murder/violence be a hate crime?
Violence with a racial motivation is considered a hate crime, but what difference does it make when you hate someone just because of the color of their shirt? Do you think this would help to curb gang violence in inner cities?
Answers:
I don't believe in hate crime laws. They purport to judge what a person was thinking when they committed a crime. All crime is terrible. A murder is a murder regardless of the motivation. That being said, if hate crime laws remain on the books, I'll go along with your idea.
No Hate "Thought" Crime should ever stand. We can criminalize actions, but to add time for having "unpopular" thoughts is an infringement upon the First Amendment in the Bill of Rights.
May not like it that someone is a racist, sexist, or whatever-ist, but "thought" should never be criminalized.
I dont like the term "hate" crime. As if other crimes are done out of love for the person.
I think it should be considered terrorist crimes.
Wikipedia has gathered an admirably complete riff on hate crime, including arguments for and against (see below). Here is the argument against, which makes sense to me. After all, is it a love crime when a man kills a woman but a hate crime if he kills a man who is also queer? Although evidence is required to prove perp's relationship with victim and his hatred of a particular protected group, can't help feeling it's too much of a reach. Consider:
Arguments against hate crime legislation include the following:
Perpetrators of the same criminal act should not be treated differently because they hold different beliefs or motives.[23]
Over time, these provisions might be disregarded and hate crime laws and associated case law could evolve to the point where speaking out strongly against a particular group or its actions could be construed as a libelous hate crime, violating rights to freedom of expression, thought, religion (among others).[24]
Penalities that do not include hate-crimes enhancement are already sufficient, in that vandalism, assault and murder have always been illegal and subject to prosecution. The fact that they still occur does not justify infringing on the freedoms of speech and religion.[25]
It brings the law into disrepute and further divides society, as groups apply to have their critics silenced.[26]
Religious practices will become subject to government regulation, violating the separation of church and state.[27]
Allowing a self-declared victim to decide if a crime has occurred violates the principle of objective justice.[28]
Is it a hate crime, I wonder, if like the author at this website, I have a problem with spending public money on special considerations for the oppressive minorities? See B.C. Billy Dillies under Washrooms - B.C. 'BILLY-style: http://www.bccondos.ca/forums/viewtopic.
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