yossarian22
Resident Schizophrenic
That is assualt.Saying 'I'm going to smack you' and then smacking someone. You hardly need to be "beating them for 5 minutes".
Assault and battery requires a bit more then a single punch.
Do you enjoy being obtuse?If that was the case, then there would be an awful lot more murder.
People will rarely kill people they like.
You read to much TKAM.Evidence for this, please. Juries do tend to be biased against minorities.
If he is a minority is irrelevant because juries sympathize with the victim.
Now if the accuser points to somebody to whom none of evidence points to, it should be suspcious.Of course not. In order for it to be applicable, 1) beyond the shadow of a doubt, the accuser was knowingly lying,
Hah. Good luck selling that to a jury.the person's reputation was significantly damaged by the accusations, enough to require monetary compensation.
Do you know of dismissal with prejudice means?Most often in rape cases, the person can't prove s/he was raped, and therefore the accused is declared simply "not guilty".
If the defendant is not exonerated by the evidence, he does not get dismissal with prejudice. The stigma sticks
Contradiction there.Lets quote you againNo, they don't, they require witnesses, forensic and medical evidence just like anyone else.
Most often in rape cases, the person can't prove s/he was raped, and therefore the accused is declared simply "not guilty".
Now where did I say that?********. If you honestly think that a defendant has never won a rape or sexual harassment case, you have been living under a rock.
I said that it is rare for a dismissal with prejudice to occur, which means there actually was an incident, and the person responsible was caught.
So we should allow laws that AMPLIFY these flaws?Of course not, and this is true whether or not there are "hate crime" laws.
That is idiotic. He can say Kill all <minority> on his blog, but when he sprays it on a wall its hate crime? That is illogical to the extreme. Either saying comments like that should be illegal, or spraying it on a wall should not merit harsher punishment.Yep. When you translate your thoughts to illegal behavior, such as grafitti, violence, employment discrimination, harassment--guess what? It's a hate crime! Do you still not get it?
Guess which option is denied by the First Amendment?
Circumstances? For vandalism and assault & battery cases?And we rely on circumstances as evidence for hate crimes too
"Sorry officer. Bob here just fell down the up escalator for 10 minutes"
If you prosecute certain types of vandalism more heavily merely because of its content, then you are essentially prosecuting somebody for having a point of view. Whether it is right or wrong is irrelevant.--but the bottom line is, we are making judgments on what their intent was.
With a car I assume.Circumstances can only help provide evidence one way or the other. Just like in hate crimes....in one case, a person accidentally crashes into a black guy,
Lets see. You compare a car crash, to hanging somebody.in the other, the black guy is being hung from his tree with DIE DARKIE DIE scratched into him.
Gotta love logic
That is the reason VANDALISM should not be considered a hate crime.:sarcastic Hmmm...(what you mean I can THINK about hanging black guys from trees, but when I actually do it, it's a hate crime??!?!? Yes.)
When do you hang somebody and not hate them?
So essentially, I cannot think racist thoughts now?your "right to be racist" ends when you start using your racism to commit violent acts on, intimidate and terrorize people of color Period. That means racist thoughts, not racist actions.
Great. Break out the tin foil hats.
Hmmm. hate crime is almost exclusively applied to vandalism, assault & battery, and murder.Also, we aren't talking about "crimes in which hate is a motivating force",
Hate seems a motivator in all of those crimes save vandalism, which is different, as I have repeatedly pointed out
So shut up?I don't care.
But I cannot express it in an illegal manner.No, it's meant to punish a specific type of crime. You can think whatever you want to think, you can say whatever you want to say.
In case you did not get it the first dozen times,I will repeat it for you.
This applies to VANDALISM
Then call it terrorism, do not give it some idiotic convoluted new legal definition whose application is so broad that it threatens my constitutional rights.your "right to be racist" ends when you start using your racism to commit violent acts on, intimidate and terrorize people of color