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Prosectors Say the Kansas Shooting of Garmin Engineers Was a Hate Crime (theverge.com)
An anonymous reader quotes a report from The Verge: Federal prosecutors have filed a hate crime charge against 51-year-old Kansas resident Adam Purinton, according to the Department of Justice. Purinton, who is accused of shooting three people in an Olathe bar, reportedly told a local Garmin engineer to "get out of my country" before opening fire. Purinton is currently being held on first-degree murder charges filed by local prosecutors. Today's indictment accuses Purinton of committing murder "because of Kuchibhotla's actual and perceived race, color, religion and national origin," with additional charges for the attempted murder of Madasani and violations of federal firearm statutes. The Justice Department declined to say whether it will pursue the death penalty, although it is authorized by the hate crime statute.
"Murder is murder, I'm really a lot less interested in why than what he did."
Why do you think so?
The "why" can make a great deal of difference. Someone killing a person for molesting their kid is different than killing someone randomly.
"National Security is the chief cause of national insecurity." - Celine's First Law
The only difference between murder and execution is the law.
"National Security is the chief cause of national insecurity." - Celine's First Law
Huh? Motive is at the very heart of a criminal prosecution. Judges and/or juries are supposed to have latitude in findings of guilt, or findings of guilt on a range of charges, or even of differential sentencing, depending upon motive. I realize that some here have a hard time grasping that the world isn't black and white, but there's always nuance. Some serial killer who gets his jollies killing people is inevitably going to get a far harsher sentence than someone who killed the person who molested their child, and it's down to motive and state of mind.
The world's burning. Moped Jesus spotted on I50. Details at 11.
"Hate crime" means whatever the State decides it means at any given moment, and so long as there is an appeal to emotion associated with it they will get away with redefining it however is convenient for the moment.
While the law is written such that motive is considered, thats completely different than the motive itself being an additional crime, which is exactly what "hate crime" is.. and additional crime added on.
"His name was James Damore."
When the crime is committed on the basis of victim's group identity, the other members of the group have reason to fear being targeted for the same reason and there are more victims. More victims = more punishment.
These laws are intended in part to prevent civil unrest (in the form of race riots) that can occur when one community perceives they are being targeted and law enforcement is not adequately protecting them. They (understandably) may take law into their own hands through mob violence and then we're in for full scale civil unrest (because mob justice is rarely so.... "just" and is more likely to create the same kind of racial hostility in return.
The motive matters because when that motive is animus towards a large group of people, the consequences of group-level retaliation are bad for all of society.
Well, Colin Ferguson didn't get a "hate crime" enhancement to his mass murder charges, even though he said his goal was to kill as many white people and Asians as possible. He did get over 300 year sentence, so I suppose anything else would be superfluous. Still, if his admittedly racially biased mass murder wasn't a "hate crime", the concept is irredeemably broken.