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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.

130 of 227 comments (clear)

  1. Hold up by cfalcon · · Score: 2, Insightful

    So a state can take away the death penalty for murder, and there's no death penalty for murder. But if someone murders for RACISM, then the feds can come in overrule the state? That's a little bit odd, right?

    1. Re:Hold up by kronix1986 · · Score: 5, Interesting

      No. Federal offenses may be capital offenses, e.g. treason or terrorism. If it's being prosecuted by the federal government because the crime is federal, the punishment is obviously going to be federal - e.g. the death penalty for a race-driven multiple murder.

    2. Re:Hold up by Mr+D+from+63 · · Score: 2

      I don't like Garmins either. But I wouldn't shoot at them.

    3. Re:Hold up by msauve · · Score: 2

      There's state law, and there's federal law. They can differ, and some crimes are covered by both, so could be prosecuted under either. There's also the supremacy clause, which makes federal law supreme.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    4. Re:Hold up by johanw · · Score: 2

      Cops are above the law.

    5. Re:Hold up by MightyMartian · · Score: 5, Informative

      The reason Federal hate crimes were created to begin with so that where a state's law enforcement, prosecution or courts would refuse to charge, prosecute or convict some mouth-breathing KKKer for lynching someone, they would still see justice. Do you have a problem with that?

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    6. Re:Hold up by reboot246 · · Score: 1

      I don't know what has happened to Garmin. The first one I owned was 100 times better than the one I own now. Seems that the screen has less contrast (as bad as Google Maps), and the ETAs are always way off.

      Maybe they need to rehire some of the older, smarter people who used to work for them.

    7. Re:Hold up by PopeRatzo · · Score: 1

      So a state can take away the death penalty for murder, and there's no death penalty for murder. But if someone murders for RACISM, then the feds can come in overrule the state?

      First of all, Kansas has the death penalty.

      Second, if you don't like the Feds prosecuting this as a capital case, you need to talk to the Trump Justice Department. They're the ones who brought the case.

      That's a little bit odd, right?

      Why don't you tell us what you find "odd" about it?

      --
      You are welcome on my lawn.
    8. Re: Hold up by Anonymous Coward · · Score: 1

      Did the rioters kill anyone? No? Ok.

      Were they mad at the messenger because of who HE is? Yes? Ok.

      Hating 1 person for what they do != racism.

      Walking into a club and screaming "get out of my country" and then unloading a clip into a group == racism. Period. How can you not see the difference between the two scenarios?

      Should rioters be locked up and prosecuted? Yes they should. But it's not a hate crime to riot against a man you don't agree with.

    9. Re:Hold up by PopeRatzo · · Score: 1

      When are Berkeley Antifa being charged?

      Did Antifa kill someone in Berkeley?

      --
      You are welcome on my lawn.
    10. Re:Hold up by Mike+Van+Pelt · · Score: 4, Insightful

      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.

    11. Re:Hold up by brunes69 · · Score: 1

      His problem (and mine) is with the death penalty, not the federal crime.

    12. Re:Hold up by buddyglass · · Score: 1

      See (b) (1) B, C and D here.

    13. Re:Hold up by HornWumpus · · Score: 1

      Put dozens in the hospital. First riot, at the second regular folks brought it and they ran like frenchmen.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    14. Re:Hold up by PopeRatzo · · Score: 1

      the second regular folks brought it and they ran like frenchmen.

      Regular folks...

      https://www.portlandoregon.gov...

      --
      You are welcome on my lawn.
    15. Re:Hold up by DRJlaw · · Score: 4, Informative

      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.

      Well, Colin Ferguson committed his crime in 1993 and New York didn't pass hate crime legislation until 2000. Federal hate crime legislation didn't really take off until 1994.

      Just what "hate crime" law do you contend should have enhanced Ferguson's sentence?

      Still, if his admittedly racially biased mass murder wasn't a "hate crime", the concept is irredeemably broken.

      Your knowledge of the law, sense of time, and apparent ignorance of prohibitions against ex post facto laws is irredeemably broken...

    16. Re:Hold up by rtb61 · · Score: 1, Interesting

      A hate crime, I don't get it. I can not imagine anyone would shoot some one on purpose because they liked them. Are they not all hate crimes?

      --
      Chaos - everything, everywhere, everywhen
    17. Re:Hold up by freeze128 · · Score: 1

      No. Sometimes, it's just business. Nothing Personal.

    18. Re:Hold up by Gadget_Guy · · Score: 1

      A hate crime is for when you hate a category of people, not one particular person. And there definitely are times when people don't hate the ones they kill. For example, the people who shoot random strangers on an equal opportunity basis do it because they simply love murder. I guess that would make it a love crime!

    19. Re:Hold up by Anonymous Coward · · Score: 1

      Hate crime laws are found constitutional by the courts. So what is your problem with that?

      The same courts that caused "But there is historical record crimes against the protected minority have gone unpunished."

      What is your problem with that?

      The point is the hypocrisy of the law being unevenly enforced, which falls afoul of the equal protections clause in the constitution.

    20. Re:Hold up by dryeo · · Score: 1

      I can hate you due to your posts and kill you, that's personal.
      I can hate you because your user name starts with a r, that's general.
      Society has decided that killing you because I just hate people with user names that start with an r is as bad or worse as killing someone who I hate because of what they actually believe or do.
      Any which way, killing you for the above reasons is worse then killing you because I just lost it and only meant to hurt you.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    21. Re:Hold up by guises · · Score: 4, Informative

      Prior to 2001, the federal justice department had a policy that it would not pursue capital punishment in states which did not have their own death penalty. Given that, and Ferguson's 300 year sentence, there would be no reason for federal prosecutors to step in.

    22. Re:Hold up by 140Mandak262Jamuna · · Score: 1
      It is precisely this equal protections clause that makes hate crime laws constitutional.

      We need to protect minorities as well as majorities. Majorities have natural advantages. Many of their crimes against minorities have gone unpunished. Some members of the majorities are not deterred by the existing laws or enforcement. They feel they can get away with it if they target minorities. We need to deter them, without infringing on the law abiding members of the majority.

      That is why hate crime punishments can not be imposed on their own. One has to be convicted of a regular crime first. Thus only convicted criminals are affected by hate crime laws. Both black on white crime, and white on black crime should get and do get equal punishment under the law. Then, once you have a convicted criminal in hand, if the crime is against a protected minority, then additional punishment is added to deter them. Non criminal whites are not affected by hate crime laws. Criminal blacks do not need additional punishment.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    23. Re:Hold up by Megol · · Score: 1

      Now I understand that you may be drunk, high and perhaps having a basic problem with thinking and understanding the world around you. But I'd suggest you don't try to react and say/write/scream bullshit before actually making some effort to understand whatever you is upset about. Oh, and you may want to sober up before commenting.

      There are crimes classified as federal level crimes. Those crimes aren't handled at a state level, they aren't processed at a state level and if found guilty a person suspected for a federal level crime will be punished according to the federal rules in federal prisons. This isn't a case of overruling - it is a case of jurisdiction.

      Logically death penalty should only be an option on the federal level if all member states have the death penalty - otherwise one could argue that state rights are violated and the will of the people is ignored.

    24. Re:Hold up by Impy+the+Impiuos+Imp · · Score: 1

      Isn't it bad because of the numbers, though? Why wouldn't you give a progressive level of punish per murder if there are multiple murders?

      Is a single murder for hate somehow worse than being murdered for $5?

      Since these cases are much rarer than being murdered for $5, isn't it odd that we're ladling extra punishment on the far rarer crime?

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    25. Re:Hold up by Impy+the+Impiuos+Imp · · Score: 1

      The extra time is just a feel-good measure. The people doing these crimes have already decided they're going over the point of no return, and will likely end up dead, or executed eventually. Life in prison without parole (or a parole date 300 years in the future) is literally the best they could expect.

      "You'd better not kill a bunch of people because if you hate, if you hate!, then you will get an extra 40 years tagged onto the end of your 400 years!"

      Is that going to dissuade someone who expects to die during their rampage of hate?

      --
      (-1: Post disagrees with my already-settled worldview) is not a valid mod option.
    26. Re:Hold up by drinkypoo · · Score: 1

      A Bernie-loving, Trump-hating white supremacist.
      Boy, how that must hurt your head.

      Even white supremacists are allowed to be right about some things. We already know that there was a substantial (if not precisely quantified) group of people who would have voted for Sanders who voted for Trump instead in an attempt to crash the system, or just to throw a tantrum. Also, Trump is and long has been deeply in bed with assorted middle-easterners, and those are the people the racists hate the most right now. Sanders has no such ties, but these people were worked into a massive froth over Clinton, whose criminal misdeeds were blown well out of proportion. Sure, they're misdeeds. But fucking look at Trump, right? That's all he does.

      So why would that hurt anyone's head? White supremacists can get smarter. That would be pretty cool, in fact. They were probably just about universally raised on a diet of racism, and it's hard to become anything else under those conditions. Any improvement is still improvement.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    27. Re:Hold up by drinkypoo · · Score: 1

      I don't like Garmins either. But I wouldn't shoot at them.

      I don't know, was this guy responsible for either Viago or the Express Updater? I stopped using my Garmin 1450LMT because it wouldn't update any more. The updater just shits itself, it gives no useful error, and Garmin gave me no help. It doesn't have a lifetime warranty or I could just return it to Amazon. I also bought Viago for Android, which literally never worked (I never managed to get it to work for a single trip) and which they abandoned months after bringing it to market.

      Not that Garmin gives a shit about me, but in order to not be dead to me they've got to bring out a new updater which actually works, and also either fix Viago or issue refunds to all customers. I spent maybe twenty bucks on it, which didn't break me, but I got absolutely nothing out of it. Literally nothing.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    28. Re:Hold up by 140Mandak262Jamuna · · Score: 1

      Nope. The law applies only when the victim is in the protected category. The law is "crime against protected minority motivated by prejudice/hatred will get additional punishment". Crime against majority, even if it is motivated by racial hatred gets only the standard punishment, commensurate with the crime, not any additional punishment. Crime against a protected minority, when motivated by hatred, and provable that it was motivated by hatred, gets additional punishment. What is so hard to understand here?

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    29. Re:Hold up by torgosan · · Score: 1

      Verifiable citations, please.

      --
      "If you put the federal government in charge of the Sahara Desert, in 5 years there'd be a shortage of sand". -Milton F.
    30. Re: Hold up by Anonymous Coward · · Score: 1

      no blacks are ever innocent, they've all earned their place at the chopping block at one point or another. It's evolution!

      no people are ever innocent, they've all earned their place at the chopping block at one point or another. It's evolution!
      FTFY.

    31. Re:Hold up by Gussington · · Score: 1

      Still, if his admittedly racially biased mass murder wasn't a "hate crime", the concept is irredeemably broken.

      It's not irredeemably broken, since it can quite easily be redeemed by enforcing consistency in decisions.
      But that's not really the point is it, you just wanted to have a little rant...

    32. Re:Hold up by HornWumpus · · Score: 1

      Escalating is dangerous. Antifa made a big mistake.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    33. Re:Hold up by PopeRatzo · · Score: 1

      Escalating is dangerous. Antifa made a big mistake.

      I hate to spoil the movie for you, but the fascists always lose.

      --
      You are welcome on my lawn.
    34. Re:Hold up by HornWumpus · · Score: 1

      Your right, antifa is doomed.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    35. Re:Hold up by ganjadude · · Score: 1

      i would take hate crimes more seriously if it wasnt generally one group of people who get the charge when others commit clear cut hate crimes and the charge never get applied

      --
      have you seen my sig? there are many others like it but none that are the same
    36. Re:Hold up by ganjadude · · Score: 1

      seems racist (by todays standards) to not treat ALL groups equally

      --
      have you seen my sig? there are many others like it but none that are the same
    37. Re:Hold up by ganjadude · · Score: 1

      the entire concept of "protected minorities" is racist. everyone should be treated equally

      --
      have you seen my sig? there are many others like it but none that are the same
    38. Re:Hold up by ganjadude · · Score: 1

      yup, and antifa ARE the fascists. will be nice to keep seeing them get what they deserve

      --
      have you seen my sig? there are many others like it but none that are the same
    39. Re: Hold up by ganjadude · · Score: 1

      since when does a hate crime have to include a murder???

      --
      have you seen my sig? there are many others like it but none that are the same
    40. Re:Hold up by PopeRatzo · · Score: 1

      yup, and antifa ARE the fascists

      Only a fascist would believe that.

      --
      You are welcome on my lawn.
    41. Re:Hold up by dcw3 · · Score: 1

      You can usually adjust Garmin's ETA calculations by tweaking the settings for average speeds on various road types. If you're a fast driver, like me, ticking this up a notch took care of it.

      --
      Just another day in Paradise
    42. Re:Hold up by dcw3 · · Score: 1

      A hate crime, I don't get it. I can not imagine anyone would shoot some one on purpose because they liked them. Are they not all hate crimes?

      Well, I hate you, but I agree with your post, and think it's criminal that you were modded Troll. The idea of "hate crime" is ridiculous. The crime is the crime, and it's no better or worse if the perpetrator hated the victim. The SJW crowd (where this kind of idiocy derives from), who believe we shouldn't allow free speech if it offends someone (there's no right to not be offended...there is one to speak freely), now believes they can read the minds of anyone they disagree with.

      --
      Just another day in Paradise
    43. Re:Hold up by dcw3 · · Score: 1

      Ah, so we must punish the majority for the crimes of the past, in spite of the fact that none of us reading here were anywhere near those crimes. Got it.

      Hate crime laws are found constitutional by the courts. So what is your problem with that?

      The attempt to control people's beliefs. So frequently, people are judged to be "haters", when in fact they simply disagree with the person making that claim.

      --
      Just another day in Paradise
    44. Re:Hold up by dcw3 · · Score: 1

      It is racist to not treat ALL groups equally

      FTFY

      --
      Just another day in Paradise
    45. Re:Hold up by david_thornley · · Score: 1

      Hate crimes are partly terrorism. If I shoot you because I don't like you, or you killed my cat, or you're inconvenient to my business, that's not a reason that generalizes, and there's no extra reason for any non-cat-killer to worry about being killed. If I shoot you because of certain group status, it's an implicit threat to everyone in that group.

      Murder already comes with intention tests. Did I intend to kill you? Did I intend to do it before I did it? These can have large differences in the severity of punishment. Why is it reasonable to give me a longer sentence because I intended to kill you earlier than if I accidentally killed you on the spot, and not because I intended to send a message to all people of a certain group?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    46. Re:Hold up by Mike+Van+Pelt · · Score: 1

      Your obscene assertion that I am "sympathizing with the criminals who happened to be white" is racist to the core, through and through. I want the vile scum who shot up that AME church to fry, right next to that racist cop who shot a fleeing black man in the back and planted his tazer next to the body. I have no sympathy for those racists.... OR FOR YOU.

    47. Re:Hold up by dcw3 · · Score: 1

      So, it's okay for someone to hate someone else, as long as they never act on it in a criminal sense, and if they do, they'll get extra punishment because of that hate. Seriously? The argument could be made that crimes against anyone, regardless of race, creed, sex, etc., are "partly terrorism", and a threat to everyone...not just that group.

      --
      Just another day in Paradise
    48. Re:Hold up by david_thornley · · Score: 1

      Of course hate is legal. We don't have thought crimes in the legal sense. Some people have observed that killing people because they're black or whatever has more effect on the other blacks or whatevers than shooting a random person has on people in general, and this does seem to be the case. Hate crimes, as generally defined, seem to do more harm than other crimes, theoretical arguments to the contrary.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  2. I don't care WHY he did it by chuckugly · · Score: 1, Insightful

    Murder is murder, I'm really a lot less interested in why than what he did. The concept of "hate crimes" is a completely broken one, but at least the guy is getting prosecuted. Hope there is a fair trial and justice is served.

    1. Re:I don't care WHY he did it by Anonymous Coward · · Score: 1

      Murder is murder, I'm really a lot less interested in why than what he did. The concept of "hate crimes" is a completely broken one, but at least the guy is getting prosecuted. Hope there is a fair trial and justice is served.

      I agree. I do think the punishment should be eye for an eye. 1 appeal then out to the back of the woodshed, no death row for eons...3 years max.

    2. Re:I don't care WHY he did it by msauve · · Score: 4, Insightful

      "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
    3. Re:I don't care WHY he did it by mark-t · · Score: 2

      The only objective difference between them lies in an appeal to emotion.

    4. Re:I don't care WHY he did it by SeattleLawGuy · · Score: 5, Interesting

      Murder is murder, I'm really a lot less interested in why than what he did. The concept of "hate crimes" is a completely broken one, but at least the guy is getting prosecuted. Hope there is a fair trial and justice is served.

      For most crimes, the reason that you did a thing matters. The classic example is where you accidentally take the wrong laptop instead of deliberately taking someone else's laptop. In most jurisdictions you didn't commit a crime if you didn't intend to take someone else's laptop. Your mistake of fact (your belief that it was your laptop) negates an element of the crime: intent.

      On the other hand, for murder, the whole "malice aforethought" or "premeditation" idea is really watered down. It can be premeditated murder even if it's a split-second decision, for example. Although in some jurisdictions you were traditionally excused a little bit if you caught the person in bed with your spouse before that happens. (I.e. voluntary manslaughter instead of murder.) (There are several types of homicide and the details vary a lot.)

      There's also the point that there is definitely a significant moral divide between people who care about WHY someone did something harmful, and people who only care that it was done. Your position is absolutely valid, but there's plenty of room to disagree and there isn't a consensus about what the result should be. So we leave it to the legislature and courts, as a terrible way to decide the answer that's better than all of the other ways of deciding the answer. :)

      --
      Real lawyers write in C++
    5. Re:I don't care WHY he did it by msauve · · Score: 3, Insightful

      The only difference between murder and execution is the law.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    6. Re:I don't care WHY he did it by SirSlud · · Score: 1

      Classic example of somebody who wants to deal with the world they way they wish it was, not the way it is.

      --
      "Old man yells at systemd"
    7. Re:I don't care WHY he did it by Boronx · · Score: 1

      "Hate Crime" is not a broken concept. Motive is always considered when prosecuting a crime.

    8. Re:I don't care WHY he did it by Boronx · · Score: 1

      Nope. As a society we don't want child molesters or people who murder just because of race. That's more than emotional subjectivity.

    9. Re:I don't care WHY he did it by quantaman · · Score: 1

      Murder is murder, I'm really a lot less interested in why than what he did. The concept of "hate crimes" is a completely broken one, but at least the guy is getting prosecuted. Hope there is a fair trial and justice is served.

      If we're going to be honest it's terrorism. He was explicitly trying to terrorize member of an ethnic and religious minority to leave the US.

      --
      I stole this Sig
    10. Re:I don't care WHY he did it by Rockoon · · Score: 1, Insightful

      He said 'objective', not 'subjective'

      He is right. You would also be if you knew the difference.

      --
      "His name was James Damore."
    11. Re:I don't care WHY he did it by Huge_UID · · Score: 3, Funny

      Although in some jurisdictions you were traditionally excused a little bit if you caught the person in bed with your spouse before that happens.

      Killing them instead of saying "WooHoo! I'm out! She's your problem now!"? That's fucked up.

    12. Re:I don't care WHY he did it by MightyMartian · · Score: 3, Insightful

      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.
    13. Re:I don't care WHY he did it by Rockoon · · Score: 3, Insightful

      "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."
    14. Re:I don't care WHY he did it by 140Mandak262Jamuna · · Score: 1
      You are correct. And the law says so too. You can not bring a hate crime charge by itself. Hating is not a crime. But hate motivates you to commit some crime, the motivation changes the amount of punishment. You must charge, prove and convict on the regular charge. If the primary charge does not stick, hate crime law does apply. If the crime is motivated by hate/prejudice against a protected minority, then additional punishment is levied as a deterrent. That is because there is a history of crime being committed against that minority, and the perpetrators have traditionally been getting away scot free, there is a need for additional deterrent.

      These laws have been found constitutional by all the courts.

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    15. Re:I don't care WHY he did it by MightyMartian · · Score: 1

      The entire Anglo-American judicial system has been built on the idea that there are simply situations where there's no universal principle to be applied, that it is up to a court (judge and/or jury) to decide on the specifics of the case, and I think that is critical. Yes, it does give judges and juries a helluva lot of effective power, but in general, and providing they abide by general constitutional principles, legislatures can alter laws where they feel the courts are going wrong, and even prosecutors have some latitude in whether to pursue charges against an accused, if they feel the case may be too weak for a strong likelihood of conviction.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    16. Re:I don't care WHY he did it by SeattleLawGuy · · Score: 1

      Great post, you got my mod points. Do you happen to know NewYorkCountryLawyer? Used to make a lot of similarly helpful posts hearabouts.

      Thank you.

      I haven't had the pleasure of meeting Mr. Beckerman, although I have seen him on slashdot in the past. We are both admitted in New York (I am admitted in New York and in Washington State), but there are a lot of lawyers in New York.

      --
      Real lawyers write in C++
    17. Re:I don't care WHY he did it by blindseer · · Score: 2, Insightful

      An excellent post but you didn't really address the issue of a "hate crime" only the differing levels of homicide. In many places there's generally three or four levels of criminal homicide, which addresses criminal negligence resulting in death, manslaughter (which might be the same as the first), second degree murder (an intentional act with intent to kill), first degree murder (intentional homicide with premeditation or of a government official). What the concept of "hate crime" does is add to the punishment if the court can find a case of the accused acting against the victim because the victim was some sort minority, or other protected class of person, and the accused is not a member of some protected class.

      This concept of "hate crime" violates the concept of the law being blind to the kind of person being accused. All people should be equal under the law. If a person kills another with premeditated intent then that should be murder in the first degree. All instances of murder one is a "hate crime" because people don't generally kill people they love. Why one kills another is important, and should be the case up to a point, do we really need to punish people more severely because of the differences in skin color, religion, sexual orientation, or whatever?

      If a Packers fan kills a Bears fan because the Bears fan insulted the Packers then is that not just as much a "hate crime" if a Muslim kills a Christian because the Christian insulted Mohammed? Each case is a violation of rights on all kinds of levels, a serious crime was committed in both cases, so don't think I'm saying either should not be punished severely. I'm just having a tough time thinking that one is "greater" crime than the other.

      I also don't like these "with a gun" laws. People will kill others by stabbing, tossing out windows, running them over, lighting them on fire, beating them with a pipe in the conservatory, or hanging them by rope in the kitchen. If a person kills by shooting another with a revolver in the library though then that is some special level of evil that must be punished extra severely... or something. Life isn't a game of Cluedo. Then again, maybe we should make it more like a game, with rules spelled out in advance that everyone must follow equally. Reverend Green should get the same punishment for a crime as Mrs. White.

      --
      I am armed because I am free. I am free because I am armed.
    18. Re:I don't care WHY he did it by thesandtiger · · Score: 1

      Except the why matters.

      If my next-door neighbor kills her husband because he cheated on her, that's bad.

      If my next-door neighbor kills someone because they are foreign born, and makes it clear that she did it because they are foreign born, that's bad, but it also is trying to send a message to other foreign born people that they are at risk of random attacks despite doing nothing wrong. It's literally terrorism.

      I know someone who accidentally killed someone with their car - they were stone sober, but got distracted by their kid screaming in the back seat, turned around to see what happened and boom, hit someone. Do you think that person deserves the same penalty as someone who got shitfaced and ran someone over with their car?

      Why matters.

      --
      Since I can't tell them apart, I treat all ACs as the same person.
    19. Re: I don't care WHY he did it by Not_Wiggins · · Score: 1

      So we leave it to the legislature and courts, as a terrible way to decide the answer that's better than all of the other ways of deciding the answer. :)

      Would that be... by MORTAL KOMBAT! ;)

      --
      Diplomacy is the art of saying, "Nice doggie!" until you can find a rock.
    20. Re:I don't care WHY he did it by chuckugly · · Score: 1

      I know someone who accidentally killed someone with their car - they were stone sober, but got distracted by their kid screaming in the back seat, turned around to see what happened and boom, hit someone. Do you think that person deserves the same penalty as someone who got shitfaced and ran someone over with their car?

      Yes, I do.

    21. Re:I don't care WHY he did it by msauve · · Score: 1

      No, he isn't. Just one significant objective difference is that in the first case, the parties were personally known to each other, and the murder was a response to a specific harm.

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    22. Re: I don't care WHY he did it by bestweasel · · Score: 1

      If a Packers fan kills a Bears fan because the Bears fan insulted the Packers then is that not just as much a "hate crime"?

      No, it isn't. You'd be closer if a Packers fan killed a Bears fan because he hated Bears fans but the sports team someone supports isn't as fundamental as their skin colour, religion or sexual orientation (though I did notice Comey, Rogers and the guys on the committee proudly displaying their patriotism via their various football allegiances).

    23. Re: I don't care WHY he did it by blindseer · · Score: 1

      I could have agreed with you if you stuck with skin color and sexual orientation. Religion is a choice just like what sport teams you like. Many people choose to be the same religion as their parents just like they choose to be fans of the same sport teams as their parents.

      To someone willing to kill another over their choice of sport teams then in the mind of that deranged individual the choice of sport teams is as fundamental as religion. What a "hate crime" is at its core is "thought crime". Because someone thought the "wrong" thoughts the government is going to punish that person more severely. That's not right.

      This especially bothers me when the hate crime laws are applied when it should not and is not applied when it is clear the law was violated. A bunch of black kids that abused a white kid is not likely to have a hate crime enhancement to their punishment, but if a white kid kills a black kid over what sport teams they cheered for then its now a "hate crime". Justice should be blind to such things.

      --
      I am armed because I am free. I am free because I am armed.
    24. Re:I don't care WHY he did it by Dragonslicer · · Score: 1

      As others have mentioned, the reason for extra punishment for "hate crimes" is because you're implicitly threatening a large number of other people in addition to the victim of the primary crime. If it makes you feel better, you can replace all instances of "hate crime" with "criminal threatening".

    25. Re:I don't care WHY he did it by Theaetetus · · Score: 1

      Murder is murder, I'm really a lot less interested in why than what he did. The concept of "hate crimes" is a completely broken one, but at least the guy is getting prosecuted. Hope there is a fair trial and justice is served.

      It's called a "hate crime" because he's white. Otherwise, it would be "domestic terrorism".

      Joking aside, it is terrorism. The intent is to scare others in the targeted group - unlike "I hate you, so I'll kill you," it's "I hate [group], so I'll kill [members of this group]," to cause fear in that group (and, according to this shooter's express wishes, to get them to flee the country). If we're not going to tolerate foreign terrorism, we also shouldn't tolerate domestic terrorism.

    26. Re:I don't care WHY he did it by Uberbah · · Score: 1

      Hand waiving. Of course you'd judge a jealous spouse more harshly if they'd spent months planning on killing their SO, as opposed to coming home early and finding them in bed with someone else.

      To borrow Clinton's line about the economy, it's the intent, stupid. And bigotry that leads one towards violence is a form of intent.

    27. Re:I don't care WHY he did it by fgouget · · Score: 1

      Someone killing a person for molesting their kid is different than killing someone randomly.

      The only objective difference between them lies in an appeal to emotion.

      So if you kill someone in self defense you want to be treated exactly the same way as the guy who planned for months and killed his parents to inherit?

    28. Re:I don't care WHY he did it by Megol · · Score: 2

      Unless the molester was killed because of an immediate danger to the kid or in an uncontrollable bout of anger it is - for good reason - not legally different than killing someone randomly. Just because one have a good reason to hate someone doesn't make it right, legally or morally, to kill that someone.

    29. Re:I don't care WHY he did it by AmiMoJo · · Score: 1

      What the concept of "hate crime" does is add to the punishment if the court can find a case of the accused acting against the victim because the victim was some sort minority, or other protected class of person, and the accused is not a member of some protected class.

      That's incorrect. The crime has to be motivated by hatred of the protected class.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    30. Re:I don't care WHY he did it by drinkypoo · · Score: 1

      The only objective difference between them lies in an appeal to emotion.

      That's false. Someone who has demonstrated antisocial behavior is likely to demonstrate it again. While I do not condone murder of child molesters, and anyone who thinks it serves as a deterrent is fooling themselves, it does conclusively decrease recidivism.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    31. Re:I don't care WHY he did it by AmiMoJo · · Score: 1

      Sorry, hit reply too soon. I need to add the important bit: it doesn't matter if the criminal is themselves a member of a protected class. Sorry if that's what you meant.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    32. Re:I don't care WHY he did it by drinkypoo · · Score: 2

      Hate crimes and terrorism are one and the same thing. We just call it a "hate crime" if it's directed against a minority and "terrorism" if the majority is intended to receive the message as well. If it were up to me I'd reclassify both of them "crimes against liberty".

      They're both the same thing, and terrorism is illegal because it's a crime against humanity. I would just like to see "hate crime" replaced with "terrorist act", because that's what it is. It's an attempt to attack that entire group through one person, as you say. I want it made clear that these people are terrorists, and I do not want this diminished or downplayed with some other name.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    33. Re:I don't care WHY he did it by drinkypoo · · Score: 2

      This concept of "hate crime" violates the concept of the law being blind to the kind of person being accused.

      It does nothing of the sort. It recognizes that a hate crime is an act of terrorism which is not only an attack on the person being accused, but also upon the entire class of people.

      If a Packers fan kills a Bears fan because the Bears fan insulted the Packers then is that not just as much a "hate crime" if a Muslim kills a Christian because the Christian insulted Mohammed?

      It is, but sports fans are not a protected class. If they needed as much protection as people do on a racial basis, maybe they would be.

      I also don't like these "with a gun" laws.

      I agree with that. Full disclosure, I own guns and I've been around guns since I was little, but my reasoning on this subject is that I have a physics-based view of the universe. It doesn't much matter how you do things. The intent and the result are what are relevant. Your intent plus your actions are a guide to your future behavior. That's why intent is always relevant.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    34. Re:I don't care WHY he did it by mark-t · · Score: 1

      It has evidently failed to capture your attention that the post to which I had responded above did not mention killing in self defense, at all.

    35. Re:I don't care WHY he did it by Boronx · · Score: 1

      ""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."

      Hate crime means whatever judges and juries think it means, based on the words the legislature wrote the law. That's how any crime is defined. Another proper label for "Hate Crime" is "Terrorism".

      "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."

      No more so than "Killing a federal judge" is a different crime than murder. It's not. That just makes it a federal crime.

      I wonder which ignoramuses modded your shit insightful.

    36. Re:I don't care WHY he did it by mark-t · · Score: 1

      That was the point I was trying to make as well, above.... Apparently, you phrased it a heck of a lot better than I did, because I certainly got an earful of response about how wrong I am.

    37. Re:I don't care WHY he did it by fgouget · · Score: 1

      It has evidently failed to capture your attention that the post to which I had responded above did not mention killing in self defense, at all.

      It has evidently failed to capture your attention that the subject of this thread is whether intent makes a difference which applies equally to killing in self defense. Now, had your your answer been a little bit more nuanced...

    38. Re:I don't care WHY he did it by hey! · · Score: 1

      Well, clearly we agree there. I think that "hate crime" gives certain people want to minimize those crimes ammunition because they can (and do) attempt to paint it as a class of thought crimes, which of course they aren't. It's not illegal to hate anyone.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    39. Re:I don't care WHY he did it by Gussington · · Score: 1

      "Hate crime" means whatever the State decides it means at any given moment,

      Er, that's not how the law works. If you are confused you can find the actual definition in black and white here: https://www.law.cornell.edu/us...
      And even if the 'state" decides one thing, it's up to a court and jury to decide. That's why we have courts.

    40. Re:I don't care WHY he did it by mark-t · · Score: 1
      Uh... no.

      The "why" can make a great deal of difference. Someone killing a person for molesting their kid is different than killing someone randomly.

      And in my response, I said:

      The only objective difference between them lies in an appeal to emotion.

      Note that I did not ever contest the notion that motive for killing someone could ever make a difference (obviously killing in self defense is one example where it such action would be legally justified), but I simply responded to the comment that I quoted above, and I had not previously even responded to another post in this thread, so I cannot be accused of having changed the subject we were discussing.

    41. Re:I don't care WHY he did it by SuiteSisterMary · · Score: 1

      Except that murder isn't 'just murder,' which is why there are so many subtle shades of it.

      Negligent homicide, reckless homicide, willful homicide, premeditated homicide.

      Or, put another way, take these different types of unlawful killings.

      1) John is out hunting. He sees a deer, snaps his rifle up to his shoulder, takes the shot. Bob was behind the deer, behind a screen of foliage, not wearing blaze orange.

      2) John is out hunting. He sees something moving in the bushes, assumes it's a deer, takes the shot, surprise, it's Bob.

      3) John is out hunting. He sees a deer, sees Bob standing near the deer, in blaze orange. John knows he's not a good shot, but takes the shot anyway.

      4) John is out hunting, sees Bob. He knows Bob's been banging his wife, so he gets pissed, and shoots Bob.

      5) John finds out that Bob has been banging his wife. John overhears plans by bob for a hunting trip, lays in wait, and shoots him.

      6) John hates Jews. Bob has curly hair, what John considers to be a Jew-like nose, and a last name that involves the word 'stein' or 'man' or something else which is, to John's mind, stereotypically Jewish. John shoots bob.

      7) John hates Jews. Bob has curly hair, what John considers to be a Jew-like nose, and a last name that involves the word 'stein' or 'man' or something else which is, to John's mind, stereotypically Jewish. John kills Bob in a particularly grotesque fashion; lets say he kills Bob by slicing off Bob's penis, chunk by chunk, all while taunting Bob about circumcision. He then carves Nazi swastikas into Bob's forehead, paints anti-semetic slogans on the outside of the house, thinking that Bob's neighbours are also "jewish."

      Should all of these carry the same penalty?

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    42. Re:I don't care WHY he did it by chuckugly · · Score: 1

      I don't care why he decided to intentionally walk up and shoot another man he had no real connection with. I guess, like is, it depends on what it is too.

  3. Defining what a "hate crime" is. by Gravis+Zero · · Score: 2

    The annoying argument that "all violent crimes are hate crimes" is stupid and incorrect because a "hate crime" is a crime perpetrated not against an individual but rather indiscriminately against a member belonging to a group that the perpetrator hates.

    Glad we could clear that up.

    --
    Anons need not reply. Questions end with a question mark.
    1. Re:Defining what a "hate crime" is. by Anonymous Coward · · Score: 2, Insightful

      The annoying argument that "all violent crimes are hate crimes" is stupid and incorrect because a "hate crime" is a crime perpetrated not against an individual but rather indiscriminately against a member belonging to a group that the perpetrator hates.

      Glad we could clear that up.

      NO that's not clear. Why should the punishment be different if the perp just hated the victim's group instead of the individual? "I just wanted to kill a [group name] instead of I wanted to kill [specific individual]? Specificity does not change the action or the result. Ideology/politics/religion be damned.

    2. Re:Defining what a "hate crime" is. by c0y · · Score: 5, Insightful

      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.

    3. Re:Defining what a "hate crime" is. by MightyMartian · · Score: 1

      Generally in the US criminal law is a state matter. However, the Federal Government, via the Supremacy Clause, can create its own criminal statutes. Hate crimes, in particular, grew out of the civil rights issues of the 1950s and 1960s, and gave the FBI and Federal prosecutors the power to pursue criminal charges against accused individuals who were often either given excessively lenient sentences, if they were even charged, tried and convicted at all, for attacks on African-Americans in certain southern states. Without those laws and without Federal law enforcement involved, it's likely that KKK and other white supremacist attacks and terrorizing of African-Americans would have continued unabated, simply because state law enforcement, prosecution and even judges and juries seemed quite happy to allow the terrorizing and murder of black American citizens.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Defining what a "hate crime" is. by BradleyUffner · · Score: 1

      Because the crime was committed against an entire class fo people, instead of the direct victims,

    5. Re:Defining what a "hate crime" is. by squiggleslash · · Score: 2

      Think of it like this: generally speaking, it's possible to have collateral damage in any crime. Laws are often about identifying this and addressing it.

      Alice wants to kill Bob. She walks into Carol's restaurant with an AK-47 and sprays bullets around, killing Bob. The bullets shred seats, break windows, and generally make a mess. Do you argue that Alice should not be responsible for the damage to Carol's restaurant because murder is murder, and murder is what Alice was doing?

      Alice wants to kill Bob. She creates a fake university, convincing Bob and Carol to pay their life savings in, mostly as a ruse to get Bob to turn up to the university's "address", where Alice can ambush him and kill him. Is Alice not responsible for the money she defrauded both out of, because murder is murder, and murder is what Alice was doing?

      Alice wants to kill Bob, because Bob is Jewish. Alice murders Bob, carving a swastika onto Bob's forehead and painting antisemitic signs all over Bob''s home. Carol, who is also Jewish, lives nearby, and is terrified, her job is at risk because her anxiety makes it hard to work, she's considering leaving the area, and she has to get medical help. Is Alice not responsible for the terror she's put Carol through merely because murder is murder, and murder is what Alice was doing?

      I'm fully in favor of prosecuting hate crimes, including terrorism (which are essentially actually variants of the same thing) at a more severe level than ordinary "It'd help my life a lot if this specific individual were dead" murder. They are worse crimes.

      --
      You are not alone. This is not normal. None of this is normal.
  4. "Hate crimes" conflict with freedom of speech by Anonymous Coward · · Score: 1

    It really shouldn't matter why you hate someone enough to kill him.

    What's the moral difference between murdering someone because he's black or Indian, and murdering him because he's wearing a hat that blocks your view of the movie you're watching?

    And there's another thing wrong with "hate crimes". Some "hate crimes" are more equal than others. How many times do whites get attacked by blacks for racist reasons - and it doesn't get called a "hate crime". A gang of blacks videos themselves beating a handicapped white kid, shouting "We hate white people!" in the process, and it's not immediately called a hate crime...

  5. Re:-1 Flamebait by mean+pun · · Score: 1

    No one is preventing you from doing so.

    There will be consequences of doing so.

    Freedom of speech is not freedom from the consequences of your speech.

    By that logic there is freedom of murder as well.

  6. Re:Notice... by dunkelfalke · · Score: 1

    Well, in that case, why don't you take all your countrymen back to where they belong? I mean, "Yankee go home" is still as valid today as it has been 60 years ago.

    --
    "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
  7. FBI/State police out reach by 140Mandak262Jamuna · · Score: 4, Interesting
    Just last week there was a panel of law enforcement officials having an out reach program at our Hindu temple. FBI, state attorney, local police chief, etc. One thing they said was "ethnic intimidation" can not be used as a charge by itself. It can only be an additional charge, on another crime. They said, paraphrasing here, "intimidation is a crime, harassment is a crime, no matter who does it to whom. If we can show that it was motivated by hatred or prejudice then we can tack on an additional ethnic intimidation charge. If we can not prove this we will not add this charge. Sometimes adding an iffy secondary charge makes the jury dismiss the primary charge as well. Sometimes the press focuses on us not making the ethnic intimidation charge and people don't notice we made a standard plain vanilla intimidation charge. Report all harassment, all intimidation. Even if we can not charge the ethnic intimidation, we can make the primary charge stick. Even if the ethnic intimidation is not charged, just regular harassment/intimidation charge is enough to send the signal that these are crimes and there are consequences. Victims not reporting crime emboldens criminals, even more than charges getting dismissed. "

    All the people who attended it were fairly affluent well educated Indians. I am sure in every community outreach people who have the time, energy and motivation to listen to bunch of law enforcement officials on a Wednesday evening would be fairly affluent and well educated. Made us realize despite conflicting media portrayals these are just plain hard working underpaid unsung unheralded Americans trying to do the best job they can.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:FBI/State police out reach by drinkypoo · · Score: 1

      Made us realize despite conflicting media portrayals these are just plain hard working underpaid unsung unheralded Americans trying to do the best job they can.

      For some of them, that is true. For others, it is not true. Police officers have discretion as to whether to make an arrest, and when making an arrest, whether to take a suspect into custody. Statistics show that they overwhelmingly abuse this power to punish and abuse certain groups on an individual level, and also that they are targeted specifically at those groups by those who manage them. The situation is frustrating because a society can't really exist without policing, but who watches the watchmen? Every single police department should be overseen by a citizen's police review board (with representative membership) which is actually empowered to remove officers if necessary. Nothing else seems to actually keep police activities in check to any reasonable degree. The police need to be there to serve the community, and not the other way around. Where that is the case, they fulfill a necessary function. Where that is not the case, justice is perverted.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:FBI/State police out reach by 140Mandak262Jamuna · · Score: 1

      Friend, I don't disagree with you at all. The impression I got was, "gee these suits don't look or talk like the high handed officials portrayed in the news reports and web fora".

      --
      sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  8. Re:-1 Flamebait by Obfuscant · · Score: 1

    By that logic there is freedom of murder as well.

    No, because there are conspiracy or attempted laws which do not apply to speech.

  9. Re:-1 Flamebait by PPH · · Score: 1

    If he worked for Apple Maps it would have been justifiable homicide.

    --
    Have gnu, will travel.
  10. Re: Notice... by HornWumpus · · Score: 1

    We can learn from the original native's mistake.

    --
    John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  11. The Indian who argued he was White by 140Mandak262Jamuna · · Score: 1
    Bhagat Singh Thind was a Californian, who challenged the US Govt. Curiously he did not disagree with the law that said "Only Free White people can be naturalized as citizens of USA". It was in the 1920s. He argued that he was a Free White person!

    He claimed he was a high caste Hindu speaking an Aryan language. (The language family currently known as Indo-European was called Indo-Aryan then). He claimed he belong to the ruling caste from Caucusus that conquered India. He avowed that he has as much prejudice against low caste people as white people have against black people. He cited the miscegenation laws of USA and claimed the traditional Indian caste system enforced similar laws and maintained his racial purity. So, "I am white, let me in". That was his argument

    It reached the Supreme Court, and Justice Sutherland ruled, conceding that he was a Caucasian by language, he denied he is white by race by the common understanding of the word White race. So his application was denied

    What is really interesting is, no one counter argued that white people were not prejudiced nor did anyone see anything wrong in being prejudiced. We have come a long way baby.

    [Citation Provided]

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
  12. Re: Don't sleep through history classes by Anonymous Coward · · Score: 2, Insightful

    Wrong. It's based on the fact that all are equal, not that some groups get extra protection, which distorts that concept.

  13. Re: The Trump Effect by KGIII · · Score: 1

    I am gonna call this one out.

    He almost certainly isn't certified.

    --
    "So long and thanks for all the fish."
  14. Re: So now being upset at being screwed... by KGIII · · Score: 1

    I may be a wee bit stoned. However, I just want to say I kinda like you guy(s). I really do get a giggle from your work. I'm not sure who wold agree, but I'd call it an art. I am most fond of how they want you to die and are going to sell your sister into sexual slavery. I'm not even kidding. I appreciate you as much as I appreciate apps guy - and I kinda love apps guy.

    --
    "So long and thanks for all the fish."
  15. Re: -1 Flamebait by KGIII · · Score: 1

    Meh... Bit of a non sequitur, really. Unfortunately, the verbiage is confusing.

    The discussion should be about the liberty of free speech. Which, for good reason, we do not have. We are free to yell fire in the theater, even when there is no fire. What we are not, is at liberty to shout that in those circumstances.

    Unfortunately, people get liberty and freedom confused, with alarming frequency. You are free to kill me, you are not at liberty to do so. If I try to harm you, you have a right to kill me. If I try to harm your family, you have an obligation to defend them, which may be an obligation to kill me. This confuses people.

    --
    "So long and thanks for all the fish."
  16. As a simple example by Sycraft-fu · · Score: 2

    Motive can determine what kind of crime something is. So let's say you hit someone with your car and killed them. Suppose you did it because:

    --You were swerving to avoid hitting someone else, your motive was to avoid hurting another person, not to hurt them. That would likely be no charge, but at most Involuntary Manslaughter since there was no malice, no intent to kill.

    --You swerve to hit them because you believe you see them strangling an animal, and it makes you fly in to a rage and want to hurt them (but not necessarily kill them). That would be First Degree Manslaughter.

    --You swerve to hit them because they are a person you hate and they flip you off and you decide that fuck it, they deserve to die for disrespecting you. That would be Second Degree Murder.

    --You swerve to hit them because you set out to kill them, you were looking for this particular person with the express intent of killing them when you found them. That would be First Degree Murder.

    In all cases they are dead because you swerved in to them with your car. However the law can treat you very different based on your intent in the case. It is codified in to law that why someone did something matters, a whole lot.

    1. Re:As a simple example by Agripa · · Score: 1

      So what would be:

      --You swerve to hit them because they are about to set fire to an inhabited building.

  17. Life On Mars by cyber-vandal · · Score: 1

    Sam Tyler: I think we need to explore whether this attempted murder was a hate crime.

    Gene: What as opposed to one of those I-really-really-like-you sort of murders?

  18. Re:Say, what is a hate crime? by serviscope_minor · · Score: 1

    Actually, killing someone because you dislike the group he belongs to requires less hate than killing the guy that slept with your wife, independent of the subgroup he belongs to.

    It's a fact... that you just made up on the spot. Feel free to justify it with convoluted hypothetical situations.

    should of course be one that is loaded negatively enough so people quickly realize how they should think of it.

    You are complaining that people are being encouraged to think that racially aggravated murder is bad? I must say, I don't really have a problem with that.

    --
    SJW n. One who posts facts.
  19. Re:The Trump Effect by serviscope_minor · · Score: 2

    Right, either way it's the Democrat's faults. The people who actually voted for an ambulatory citrus fruit are in no way responsible for their actions because... why exactly?

    --
    SJW n. One who posts facts.
  20. Prosectors? by Hognoxious · · Score: 1

    Beaumanish should be prosected for hate crimes against the English language.

    --
    Confucius say, "Find worm in apple - bad. Find half a worm - worse."
  21. Re:Say, what is a hate crime? by Opportunist · · Score: 1

    Any motivation for murder is bad. I do hope we can agree on this.

    But if you can't hate groups of people without any rhyme or reason anymore, how do you convince a soldier to go to war? You think it's easy to kill people indiscriminately? Just because they happen to have the wrong colored shirt you are supposed to shoot someone in a war, that's not easy to sell, ya know? You have to dehumanize them first and convince your soldiers that all of them deserve to die because they're ALL evil bastards who do unspeakably horrible things. The person you're looking at through your scope has to die, not for something he did but for the group of people he belongs to.

    How is that not a hate crime?

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  22. Prosector? by Fnord666 · · Score: 1

    What is a prosector?

    --
    'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    1. Re:Prosector? by SuiteSisterMary · · Score: 1

      What is a prosector?

      It's a sector, but with additional features and options that the average sector user doesn't want or need. Also, hopefully higher quality of manufacturing and parts that will stand up to more rigorous use, wider range of environmental conditions, etc etc. More expensive than a regular sector.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  23. Re:Say, what is a hate crime? by serviscope_minor · · Score: 1

    How is that not a hate crime?

    Because it's not the definition of what a hate crime is. "hate crime" is an actual term with an actual definition. Concern trolling about the particular name of a term is about the weakest form of argument.

    https://www.fbi.gov/investigat...
    https://en.wikipedia.org/wiki/...

    --
    SJW n. One who posts facts.
  24. Re:Say, what is a hate crime? by Opportunist · · Score: 1

    Ah, ok. So according to that definition shooting enemy soldiers is simply not a crime, else it would fit.

    Good that we got that out of the way.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  25. Re:Say, what is a hate crime? by serviscope_minor · · Score: 1

    I don't really get your point. Are you talking about crime or hate crime now?

    Or are you still arguing that your own personal definition of "hate crime" is stupid? You won't find disagreement from me there.

    --
    SJW n. One who posts facts.
  26. Re:Say, what is a hate crime? by Opportunist · · Score: 1

    I'm talking about the definition of hate crime ("[...]a perpetrator targets a victim because of his or her membership (or perceived membership) in a certain social group", according to Wikipedia) being a hate crime when someone does it against a group he hates, but gets decorated with medals if he does it against a group the government hates.

    Sorry, but this is fucked up. Not so much the part where it's a crime. More the part where you get praised and decorated for it.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  27. Re:The Trump Effect by ganjadude · · Score: 1

    as we have for the past 30 years now.... in BOTH major parties

    MAYBE, just maybe its time to STOP voting for the D or the R....

    --
    have you seen my sig? there are many others like it but none that are the same
  28. Re:The Trump Effect by ganjadude · · Score: 1

    the american system as it has worked forever elected trump. lets stop playing word games

    --
    have you seen my sig? there are many others like it but none that are the same
  29. Re:Say, what is a hate crime? by serviscope_minor · · Score: 1

    You're way off topic from the original thing, but whatever.

    Are you arguing that it's always the greater evil to have soldiers to kill peope from other countries? Or that it's never necessary? Or that they should never be recognised for what they do?

    --
    SJW n. One who posts facts.
  30. Re:The Trump Effect by david_thornley · · Score: 1

    We're talking about people who voted for him for the Republican nomination and then for President, and sit around like little snowflakes whining that the Democrats didn't stop them.

    I'm going with the idea that Trump voters are actually fully human, and therefore are personally responsible for their actions.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  31. Re: So now being upset at being screwed... by david_thornley · · Score: 1

    This is Microsoft. They don't care. They don't have to.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes