No I did not say that. I said that it would be difficult to draft a criminal statute that punishes the behavior in question and have the statute be consistent with the Constitution.
You responded with a link to an article that described one general hate speech statute being struck down and one penalty enhancement statute being upheld. If that article is relevant, then you need to give an example of a similar enhancement statute that would cover the noose incident.
If you have professional knowledge in this field I’ll defer of course, but I don’t think we have enough information to make that determination one way or the other. I’ve seen a few broken ocular orbits that looked pretty much like that at first, one guy who had a major stroke and loss of motor control as a result of a headbutt (proximate cause anyway), and on the other hand I’ve seen people (including myself) get up and walk home after being kicked in the head. All this without getting into the question of emotional trauma - which in this case doesn’t seem to be an issue.
I don’t know exactly where to draw the line between a good-natured tussle and a savage beating, but I would say that kicking an unconscious guy shows at minimum a reckless disregard for his well being. I couldn’t go to bat for anybody who would do that.
As for the noose issue, couldn’t it simply be prosecuted as a threat of violence ? Brandishing a weapon ?
It’s hard to tell from the description if there is bias involved. I did find this report:
Anyway, I admit it’s possible there’s been bias here.
But bias or not, I object to any calls to “free the Jena 6.” It does seem like at a minimum, they engaged in a vicious attack and they need to be seriously punished for it.
The DA specifically went out of his way to increase their charges from aggravated assault to second degree attempted murder. See my NPR cite. They have been since reduced back down to aggravated second degree battery after the huge public outcry. The second degree battery conviction against Mychal Bell was vacated by an appeals court because it was found he shouldn’t have been tried as an adult. I wonder if these reductions in charges would have taken place without all this publicity.
Here’s the evidence I have: 6 people allegedly perpetrated “an incredible level of violence” against the kid, and yet, that same day, he was up and about. Were they just incompetent? They got him alone and supposedly tried to murder him, yet his wounds were by all accounts superficial. I am skeptical of the characterizations of their intentions.
I’m not advocating “free the Jena 6.” I’m saying, blame should be meted out fairly here, and it hasn’t been.
The NAACP was founded in 1909, when I think we can agree that the name and mission was apt. Furthermore, the founders were both White and Black. Perhaps the name is somewhat dated but there’s plenty of work that remains to be done regarding racial equality.
I’ve worked with the NAACP and attended national leadership meetings. There are White people involved there as well.
Regarding the UNCF, they provide scholarship assistance to students who attend UNCF schools, which tend to be historically Black colleges. As a Black student attending a predominantly White institution, I was not eligible for UNCF scholarship funds. However, I know of a South Asian woman and a White woman who received financial support from the UNCF in their studies.
Add me to the list of those that believe, given the information available, feel the Jena 6 should be charged with some form of assault, but certainly not attempted murder - but also, not simply “freed.”
He was shouting racist taunts at a bunch of black dudes in a situation which was already highly charged and had a history. If he got his ass kicked, that’s just Darwin in action. They obviously weren’t trying to kill him. The little pussy just had a glass jaw and the very first punch turned his lights out. I doubt they even knew he was unconscious.
In my opinion, it was no big deal and I think the little redneck scumbag deserved what he got. I’m not saying it wasn’t tecnically a criminal assault or that there’s any way to avoid legally charging the attackers, but I will say that I don’t feel sorry for the dude and I have no MORAL problem with him getting stomped.
Yes, as I pointed out, they aren’t charged with Attempted Murder. They are charged with something much more in line with felony Aggravated Assault.
I believe that both the Jena Six and the victim of their very violent crime are lucky. The victim could easily be dead and the violent attackers could be facing far more serious punishment.
I remember a certain stripper throwing a racist taunt at a bunch of lacrosse players. I wonder what you would be saying if she’d gotten her ass kicked.
Only due to public outcry, an outcry that has been excoriated in this thread as inflammatory and reverse racist.
Likewise, when the bottle was broken over Robert Bailey’s head, those attackers are lucky he didn’t get killed. When the white kid pulled a shotgun, everyone involved is lucky that a black kid didn’t get shot. Any time anyone is assaulted, the perpetrators are lucky they don’t accidentally kill their victims. Everyone in Jena is lucky things aren’t worse. That doesn’t mean the situation isn’t total shit and everyone needs a serious head check.
There is no proof about the beer bottle incident unlike the violent mob violence that was perpetrated against a singular victim. But if true, it should also be treated as another serious violent crime.
I totally agree. If it turns out that a bunch of white students participated in a vicious attack on a single black student, then the attackers should be prosecuted for felonies and sent to jail – the Jena 6 should not be let off the hook.
As a matter of fact it is. Every case is different. I’m not talking about the law, here, I’m talking about my personal sympathies.
Who’s saying they should be let off the hook? The debate is about whether they should be charged with attempted murder or assault. No one is saying they shouldn’t be charged with anything.
Oh my god, I have to wonder if you and brazil84 are reading along at all. There IS PROOF of the beer bottle incident. In fact, perpetrator was charged with simple assault. Not attempted murder as in the case of black perpretators on a white victim, nor aggravated assault as is the current charge. Selective reading does make the thread more, um, interesting though.
By the way, it appears that one of the Defendants - Mychal Ball - had his charges reduced to aggravated battery and conspiracy to commit aggravated battery. And was convicted on both counts.
Which post #? I came into this thread a little late.
Anyway, if the “beer bottle incident” was a vicious attack, then people should be agitating for the perpetrators to be aggressively prosecuted. Not for the Jena 6 to be let off the hook.
Are you referring to the Battery conviction of Justin Sloan? I haven’t read anything about proof on the beer bottle incident, only that there was an allegation backed up with no medical proof. Perhaps that is why there is a Battery conviction of Sloan which doesn’t, I believe, involve the use of a weapon. Whereas, it is freely admitted that the Jenna 6 committed their extremely violent crime and that crime is backed up by both witnesses and medical evidence.
Nothing in your link says that he denies the provocation…not that his word is worth anything in the first place.
What is your point in bringing it up? Do you think that there really aren’t any differences between the scenarios you asked me to compare?
What is this Google search supposed to prove? Are you trying to claim that people on the internets (none of whom are in this thread) are saying “Free the Jena 6” are claiming that they should have been charged with nothing at all? Cite?
I think it’s a tad stiff, but whatever, I won’t argue. I hope we can agree that charging them with attempted murder was over the top.