A question about hate crimes

[Franzl]

My problem with hate crimes is that it shouldn't matter whether you kill someone because he stole your wife....or simply because he's a Mexican. The person is still dead, and you still killed him.

The difference between manslaughter and murder isn't the same thing, IMO. They're two seperate crimes, the difference being the intent to kill.

But hate crimes punish what the court interprets motives to be, even within the context of a clearly defined crime. Yes, obviously courts do the same thing to determine sentencing often....depending on one's reasons for committing a crime, but I would prefer it remain that way, that each individual case be judged on its merits.

Hate crimes take away a portion of that individual judgement....and in addition to that, it's not always easy to determine whether race or sexual orientation or whatever were the primary motives.

If I kill a black neighbor of mine because he stole my car and in my rage shout "damn ni**er", does that make it a hate crime?

[Franzl]

To me, it's ridiculous to consider some crimes as "hate crimes" and other as "normal crimes." For example, premeditated murder is most likely a hate crime regardless of motive. I agree with others who have said that the idea is for nothing more than to make some people feel good. Wrong is wrong regardless of who does it and who they do it to. Period.

Yeah, and a harsher sentence can always be given at the discretion of the court for certain motivating factors.

There's no reason to legislate that some motives are worse than others. Each case is individual.

[Franzl]

In this context, a clergyman noting the bibilical prohibition against homosexuality, could be prosecuted for a "hate crime."

Saying homosexuality is immoral is certainly not punishable, or if it ever did become a crime, it would immediately be struck down as unconstitutional.

Despite my opposition to hate crime legislation per se, I do think that encouraging people (like a pastor in his congegration) to commit crimes based on race, sex, etc. is a very big problem. And in the event that a crime is commited as a result of such encouragement, the pastror could be regarded as an accomplice.