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Hate
Crimes
Crimes
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In case you're not already aware, a person's motive for committing a
crime is not an element you need to identify or prove in order to
prosecute and convict a person for the crime committed. When you
think about this, you can see a purity of American law which is often
overlooked or ignored. How much simpler and unbiased can it be than
to determine two things through factual, provable evidence: Was a
crime committed, and did the defendant charged commit the crime?
Okay...it's fine that the law is pure, but let's move back into the world
of reality. A defendant's motive for committing a crime has and always
will be an important element for you to identify. Prosecutors, judges
and juries will always want to know why the crime was committed.
Motive is a double edged sword: Motive can be a mitigating
circumstance or an aggravating one. Let's say a man, with no prior
criminal record, robs a bank. He'll probably want the jury to know that
the IRS has garnished 80% of his wages; his house is about to go into
foreclosure, and his two ex-wives are suing him for additional child
support. On the other hand, if he robbed the bank solely to fund a
weekend of escapism and debauchery in Atlantic City, the prosecution
will do its best to play on that motive.
So much for the purity of law. As a police officer you're going to see a
lot of different motives for persons committing crimes. Not
surprisingly, hate will be among those motives in greater or lesser
degrees.
I don't know about you, but when I look at the definitions of hate
crimes, and the categories of hate crime laws, it scares the hell out of
me. Talk about double edged swords. When one considers the fact that
any crime committed is a hateful act in varying degrees and that motive
has always been an aggravating or mitigating consideration, where is the
need for additional legislation based on something as subjective as hate.
What amazes me is that the strongest proponents for hate crime
legislation are the same people and organizations who will be your most
vociferous critics. These are the people who always want everything
both ways. While blaming and criticizing police officers for just about
anything you can imagine, they want to use you as a tool for their social
and political agendas.
When you become a police officer, you'll find out very quickly how
selectively hate crime laws are prosecuted. Fortunately, you won't see
that much use of hate crime statutes, because it's simply impossible to
quantify hate.
One need only look to history to see the social devastation from the
ultimate hate crime...mass murder on scales of thousands and millions.
Don't ever forget that those hate crimes were committed by
governments...the lawmakers.
crime is not an element you need to identify or prove in order to
prosecute and convict a person for the crime committed. When you
think about this, you can see a purity of American law which is often
overlooked or ignored. How much simpler and unbiased can it be than
to determine two things through factual, provable evidence: Was a
crime committed, and did the defendant charged commit the crime?
Okay...it's fine that the law is pure, but let's move back into the world
of reality. A defendant's motive for committing a crime has and always
will be an important element for you to identify. Prosecutors, judges
and juries will always want to know why the crime was committed.
Motive is a double edged sword: Motive can be a mitigating
circumstance or an aggravating one. Let's say a man, with no prior
criminal record, robs a bank. He'll probably want the jury to know that
the IRS has garnished 80% of his wages; his house is about to go into
foreclosure, and his two ex-wives are suing him for additional child
support. On the other hand, if he robbed the bank solely to fund a
weekend of escapism and debauchery in Atlantic City, the prosecution
will do its best to play on that motive.
So much for the purity of law. As a police officer you're going to see a
lot of different motives for persons committing crimes. Not
surprisingly, hate will be among those motives in greater or lesser
degrees.
I don't know about you, but when I look at the definitions of hate
crimes, and the categories of hate crime laws, it scares the hell out of
me. Talk about double edged swords. When one considers the fact that
any crime committed is a hateful act in varying degrees and that motive
has always been an aggravating or mitigating consideration, where is the
need for additional legislation based on something as subjective as hate.
What amazes me is that the strongest proponents for hate crime
legislation are the same people and organizations who will be your most
vociferous critics. These are the people who always want everything
both ways. While blaming and criticizing police officers for just about
anything you can imagine, they want to use you as a tool for their social
and political agendas.
When you become a police officer, you'll find out very quickly how
selectively hate crime laws are prosecuted. Fortunately, you won't see
that much use of hate crime statutes, because it's simply impossible to
quantify hate.
One need only look to history to see the social devastation from the
ultimate hate crime...mass murder on scales of thousands and millions.
Don't ever forget that those hate crimes were committed by
governments...the lawmakers.
| Hate Crimes |
Hate crimes are usually defined by race, religion,
sexual orientation, disability, ethnicity, nationality,
age, gender, gender identity, or political affiliation.
sexual orientation, disability, ethnicity, nationality,
age, gender, gender identity, or political affiliation.
| Categories of Hate Crime Laws |
1. Laws defining specific bias motivated acts as distinct crimes.
2. Criminal penalty enhancement laws.
3. Laws creating a distinct civil cause of action for hate crimes.
4. Laws requiring administrative agencies to collect hate crime
statistics.
2. Criminal penalty enhancement laws.
3. Laws creating a distinct civil cause of action for hate crimes.
4. Laws requiring administrative agencies to collect hate crime
statistics.
"In the United States federal prosecution is possible for hate
crimes committed on the basis of a person's race, color,
religion, or nation origin when engaging in a federally
protected activity. 45 states and the District of Columbia have
statutes criminalizing various types of hate crimes. 31 states
and the District of Columbia have statutes creating a civil
cause of action, in addition to the criminal penalty, for similar
acts. 27 states and the District of Columbia have statutes
requiring the state to collect hate crime statistics."
crimes committed on the basis of a person's race, color,
religion, or nation origin when engaging in a federally
protected activity. 45 states and the District of Columbia have
statutes criminalizing various types of hate crimes. 31 states
and the District of Columbia have statutes creating a civil
cause of action, in addition to the criminal penalty, for similar
acts. 27 states and the District of Columbia have statutes
requiring the state to collect hate crime statistics."