Didn't we already slice crimes by degree of intention (e.g., murder vs. manslaughter) pre-Orwell?
Burr Send a noteboard - 24/10/2009 05:23:56 AM
Actually, I agree with you in cases where impulsive crimes like manslaughter or provoked assault are prosecuted as hate crimes. That's like saying one dangerously irrational predisposition may be better than another equally irrational predisposition even when they have the exact same result.
But when the crime is planned, then distinguishing them based on the amount of thought put into it is a natural extension of what we already do:
Manslaughter: "I was then pre-disposed (given who, when, why, where, and how) to now kill X."
Murder: "I was then pre-disposed (given who and why) to then gradually plan (filling in when, where, and how) to now kill X."
Murder Hate-Crime: "I was then pre-disposed (given why) to then gradually plan (filling in when, where, and how) to then gradually plan (filling in who) to now kill X."
If planning to kill someone given the chance is more criminal than killing them without malice aforethought, then surely planning to make such plans given the chance is even more criminal than that. You can take "more criminal" to mean "less likely to be a one-time event," "harder to rehabilitate," or even "invoking vengeance from a broader group of affected people." Whichever you pick, it makes sense that the more open variables in the planning process, the more criminal the chain of behavior as a whole.
But when the crime is planned, then distinguishing them based on the amount of thought put into it is a natural extension of what we already do:
Manslaughter: "I was then pre-disposed (given who, when, why, where, and how) to now kill X."
Murder: "I was then pre-disposed (given who and why) to then gradually plan (filling in when, where, and how) to now kill X."
Murder Hate-Crime: "I was then pre-disposed (given why) to then gradually plan (filling in when, where, and how) to then gradually plan (filling in who) to now kill X."
If planning to kill someone given the chance is more criminal than killing them without malice aforethought, then surely planning to make such plans given the chance is even more criminal than that. You can take "more criminal" to mean "less likely to be a one-time event," "harder to rehabilitate," or even "invoking vengeance from a broader group of affected people." Whichever you pick, it makes sense that the more open variables in the planning process, the more criminal the chain of behavior as a whole.
||||||||||*MySmiley*
Only so evil.
Only so evil.
This message last edited by Burr on 24/10/2009 at 05:26:34 AM
Matthew Shepard act passed
- 23/10/2009 07:54:07 PM
881 Views
Meh
- 23/10/2009 08:06:22 PM
497 Views
I'm sure Orwell would be intrigued by his own prognosticative abilities.
- 24/10/2009 12:52:24 AM
503 Views
Didn't we already slice crimes by degree of intention (e.g., murder vs. manslaughter) pre-Orwell?
- 24/10/2009 05:23:56 AM
486 Views
How about DADT, or employment non discrimination, or federal benefits for civil unions/marriages?
- 24/10/2009 01:23:06 AM
494 Views
See..this is much more important than Hate Crime Legislation, and it actually accomplishes something *NM*
- 24/10/2009 01:52:31 AM
177 Views
Agreed, but
- 24/10/2009 02:12:11 AM
464 Views
I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
- 24/10/2009 02:22:46 AM
469 Views
I'm sure the law is not supposed to deter crime, but rather to ensure justice.
- 24/10/2009 03:49:58 AM
411 Views
Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
- 24/10/2009 04:07:52 AM
513 Views
Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
- 24/10/2009 04:51:43 AM
482 Views
Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
- 24/10/2009 05:02:27 AM
460 Views
Re: I'd be more supportive of hate crime legislation as a whole if it made any real sense to me
- 24/10/2009 05:27:35 AM
447 Views
So it's inherently worse for a gay man to get beaten up than a straight guy?
- 24/10/2009 03:45:43 AM
589 Views
Doesn't there have to be an indication ...
- 24/10/2009 04:33:49 AM
452 Views
Doesn't matter, Same crime, same punishment, with no extra preference given to anyone.
- 24/10/2009 04:48:22 AM
441 Views
All orientations are protected.
- 24/10/2009 05:17:55 AM
456 Views
yes and how many black men are sentenced for attacking white men?
- 24/10/2009 02:00:26 PM
433 Views
Minor point.
- 24/10/2009 04:46:25 PM
487 Views
well since almost everything he said turned out to be BS why not that too?
- 25/10/2009 02:36:25 PM
470 Views
