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Old 04-26-2011, 06:57 PM
Kobal2's Avatar
Kobal2 is offline
Join Date: Mar 2008
Location: Paris, France
Posts: 18,876
Originally Posted by Gyrate View Post
That's definitely the last zombie-themed party I attend then.

I understand the good intentions behind hate crime legislation; I just think it doesn't work in practice. IANA judge but I would no more punish someone more for killing a gay man than I would excuse them from the act for suffering "gay panic".
I don't pretend to know how the laws are applied in practice, but in theory the victim being merely part of a protected subgroup isn't enough to qualify it as hate crime (nor is the "protected subgroup" part required, either - a white man killed because "all honkies need to hang !" is also the victim of a hate crime. It just so happens that xenophobic violence is quite more often performed by the larger in-group). The defining aspect of a hate crime is that the offence was not perpetrated against the given victim per se, but through the victim the offenders were attempting to target his entire demographic segment (or rather, they picked on the nearest guy from that segment, could have been anyone else).

Contrast to personnal grudges or robberies, which "only" target specific individuals or have a specific end goal: the threatened party is quite larger, as is the risk of re-offending if not kept behind bars since after all, if I killed Joe Fuckwit because he went and done me wrong, once out I'm presumably done. No more Joe Fuckwit to kill. If I killed Joe Fuckwitstein for being a Jew, there's plenty more where he came from when I'm back on the streets.