05-27-2016, 01:05 PM
(05-27-2016, 12:36 PM)Benton Wrote: The crime is the same, but the motivation is different. You can take off your shoes, but you can't take off your race*. And motivation or intent applies to several crimes. I don't like the term "hate crime" but I think having it effect the degree of a crime is realistic.
Take murder. Having a few drinks and driving a car that kills someone will get you jail time (5-10 years in most states). Hiring a hitman to kill your wife will get you the death penalty in several. Different shades.
* The late Michael Jackson excluded.
I see what both of you and Phil are saying you both are missing a factor. As you pointed out Phil omitted motivation, but what he included and you omitted was intent.
If I intend to beat you up or kill you over shoes or skin color I'm not sure there should be any difference in the punishment; as you are doing both out of malice.
Conversely if my intent was to scare you and you had a heartattack when I yelled "boo!".....
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