05-16-2024, 03:09 PM
(05-15-2024, 11:54 PM)TheLeonardLeap Wrote: I believe that's...
-white caps
-mask
-other disguises
Not...
White: caps, masks, or other disguises
As that would almost certainly be written as "while wearing caps, masks, or other disguises that are white".
But I might be mistaken and even if I am not I could absolutely see a defense attorney using that as an argument later.
I think my biggest problem with it is I don't think it should be an escalator for any non-violent crime as that seems like it has the potential for abuse and weird cases of people getting massive sentences for minor and petty crimes. I will disagree with you that it's an "outdated" law. The KKK had a demonstration in Cincinnati in my lifetime and I am in my 30s.
Ultimately it seems a bit like body armor. It's not illegal to wear body armor, but I am pretty sure in most states if you wear it while doing a violent felony it's an escalator.
Your assessment is correct. Legally the only thing that is required to be white would be the caps. As for abuse, that's the case with any law. Abuse can also take the form of deliberately mischarging someone with a lesser crime because you think the criminal justice system is inherently racist. You really have to trust in the DA your area elected to do their job properly, in a fair and measured fashion. This law in itself is perfectly reasonable, if you commit crimes will deliberately concealing your identity than that should absolutely be an enhancement or a new charge. One could even argue it showed pre-planning, but not in a beyond a reasonable doubt fashion, as could your analogy of wearing armor.
Unfortunately, we are in an environment in which these protestors are being treated with kid gloves or too severely. What I would like to see is making it a felony to block a road with any protest for which you do not have a permit to do so. That shit needs to stop yesterday.
