MrJoshua wrote:Jensenman wrote:I think you will find that the punishment is similar for each of those examples.That's the whole point: if you hate someone enough to do them harm, what difference is the source of the hate? Should beating up someone because they are gay be any worse than beating up an ex-wife because she took you to the cleaners?
It is based on how reasonable your behavior is in each situation. For example-shooting someone who is trying to strangle you is perfectly reasonable. Shooting someone for fun or because they are gay is not. The action was the same, but the motivation turned the action from reasonable to heinous. The problem is that certain courts in certain areas didn't consider those acts heinous so the entire country gets very restrictive laws turning any altercation with anybody any different than you into a hate crime.
That's an excellent point. There have definitely been some 'wink and nod' sentences handed down for truly heinous crimes like the OJ Simpson travesty of justice. Or Emmett Till's death.
The problem with the way hate crime legislation is handled is that it does not get to the core problem as shown in those two examples: manipulating the courts via tortured interpretations of the law to get a certain outcome. It's treating the symptom, not the disease.

