CHUD.com Community › Forums › POLITICS & RELIGION › Political Discourse › What constitutes a hate crime?
New Posts  All Forums:Forum Nav:

What constitutes a hate crime?

post #1 of 28
Thread Starter 
http://www.wbaltv.com/news/14843952/detail.html

Just curious. I would assume that a group of individuals hurling racial slurs whilst physically beating two men of a different race would indeed be easily classified as a hate crime.
post #2 of 28
I would say so too, but there's probably parts of what happened that we don't know about.

Quote:
As defined in the 1999 NCVS (National Crime Victim Survey), "A hate crime is a criminal offense committed against a person or property motivated, in whole or in part, by the offender's bias against a race, religion, ethnicity/national origin, gender, sexual preference, or disability. The offense is considered a hate crime whether or not the offender's perception of the victim as a member or supporter of a protected group is correct".
post #3 of 28
The Closer needs a bigger closet, or maybe he should have a hippie beard for him — that way nobody will be suspicious when he starts threads about pesky Jews and victimized white people.
post #4 of 28
Hey...they just HAPPENED to be Jewish.


Actually I don't know. I didn't bother reading that thread.
post #5 of 28
Dude, what is your deal? Are you just looking for it at this point?
post #6 of 28
I think I agree with the NCVS definition. I just think that if the tables were turned and it was white guys slurring and beating on black guys, pretty much everyone would agree that it is a hate crime. So why should it matter if the colors are reversed? The crime still occurred. One rule of law for all people regardless of color, creed, sexual orientation, or ability.
post #7 of 28
Exactly what racial slurs were being tossed here? I mean, there's "honky" and that's about it.
post #8 of 28
Peckerwood
Cracker
Albino
Whitey
Vanilla
Charlie
Mayonaise

I mean, the list is endless. I'm sure the locals have some better material. It might have been easier to slur if the supposed "victims" were Irish, Jewish, or Italian.
post #9 of 28
Quote:
Originally Posted by Adam Warren
Peckerwood
Cracker
Albino
Whitey
Vanilla
Charlie
Mayonaise

I mean, the list is endless. I'm sure the locals have some better material. It might have been easier to slur if the supposed "victims" were Irish, Jewish, or Italian.
Well, "white-ass motherfucker" may not be a "racial slur" but I'd think it would indicate where the beater was coming from.*


* - not saying that phrase was used by the accused, just sayin'
post #10 of 28
Chavez, if that's true — certainly not from a place that values creativity when slurring the other ethnicities.
post #11 of 28
Thread Starter 
Quote:
Originally Posted by MissZooey
Dude, what is your deal? Are you just looking for it at this point?
Okay, was my question in some way, shape, or form presented in a manner that could me misconstrued as offensive?

Im wondering if anyone else finds it curious that in some instances when a group of individuals attack someone else whilst insulting their race, religion, sexuality, etc it is considered a hate crime, yet in other instances it is not?

It seems as if you are the one who is looking for it at this point.
post #12 of 28
Thread Starter 
Quote:
Originally Posted by canuck75
I think I agree with the NCVS definition. I just think that if the tables were turned and it was white guys slurring and beating on black guys, pretty much everyone would agree that it is a hate crime. So why should it matter if the colors are reversed? The crime still occurred. One rule of law for all people regardless of color, creed, sexual orientation, or ability.
Indeed, which brings up another question...with respect to assaults classified as hate crimes, should the punishment of the guilty be more severe? If a gang of all black folks beat up a white person, should they endure stricter punishment compared to a gang of black folks that beat up a black person? Should motive matter if the end result is the same?
post #13 of 28
Quote:
Originally Posted by The Closer
It seems as if you are the one who is looking for it at this point.
More or less a fact: The internet is full of bigots, lunatics, and trolls.

Observation: You have 48 posts. You have started two threads in politics: one questioning the Isreali — read: Jewish — "playing" of the holocaust card; the other attempting to investigate the application of the term "hate crime" in the context of black on white assault.

Conclusion: You're probably going to start a whole bunch of odious topics that "innocently" question assorted ethnic minorities, their positions, and whether they're not just "out to get" white people. You may actually be the sort who genuinely wonders why there's "so much reverse racism" or why "they can't just get over it." You may be a perversly sophisticated passive-agressive troll. You might be stupid; under the impression that your topical offerings are not equivalent to handing out bags of your own shit — which you may well be smearing on yourself, down in that basement, amongst the semen-stained copies of Guns and Ammo.

Hey — I could be wrong. But you are asking for it.
post #14 of 28
Thread Starter 
Quote:
Originally Posted by Adam Warren

Conclusion: You're probably going to start a whole bunch of odious topics that "innocently" question assorted ethnic minorities, their positions, and whether they're not just "out to get" white people. You may actually be the sort who genuinely wonders why there's "so much reverse racism" or why "they can't just get over it." You may be a perversly sophisticated passive-agressive troll. You might be stupid; under the impression that your topical offerings are not equivalent to handing out bags of your own shit — which you may well be smearing on yourself, down in that basement, amongst the semen-stained copies of Guns and Ammo.

Hey — I could be wrong. But you are asking for it.
Wow...I figured that a group of movie fans would be creative by default, but this is one helluva reach. Maybe it just seems that way to me, of course, because Im black.

I guess thisll learn me to ask questions in the hopes of stirring some discussion on one of these discussion forums.
post #15 of 28
Quote:
Originally Posted by The Closer
... Im black.
Obviously. I'll let you take it from here. I'm interested in what your next topics will be.
post #16 of 28
Bigotry is repugnant no matter what creed, religion, color or whatever. A hate crime is a hate crime. I can't speak to this particular situation because I wasn't there, but there is a point to be made wrt this thread and the whole "reverse racism" charge in general.

One thing that can't be argued is that there is a white majority in the US and A and that white majority is in control. Just take one look at the Senate and what do you see? White men, mostly. There are deep rivers of racist policy and practices that exist like a cancer here. The cases against African Americans that come down to racism are countless and yet don't always get counted. It's too commonplace to be "newsworthy." So, when someone makes a stink about a case of "reverse racism" -- yes, racist bigotry of any kind is wrong, but holding up one case of black on white kind of misses the forest for the trees, in my opinion, be it ever so humble. Maybe it's getting press because of that. Maybe it would get equal press if it were reversed. I don't know.

My point is, I guess, that there are certain truths that have to be accepted as fact -- and the changes effected by the civil rights movement were in many cases superficial. Racism especially against African Americans continues to thrive beneath the surface of the national consciousness. Just look at the banking crisis - even qualified African American borrowers with good credit were given crappy subprime loans. That's just one instance. Look at the statistics involving the death penalty for another. It's endless and ubiquitous.

I wish there would be a second movement that really examined race relations in a real way and helped us as a society move forward toward fairness and harmony, instead of letting things fester.
post #17 of 28
Thread Starter 
Quote:
Originally Posted by yt
Bigotry is repugnant no matter what creed, religion, color or whatever. A hate crime is a hate crime. I can't speak to this particular situation because I wasn't there, but there is a point to be made wrt this thread and the whole "reverse racism" charge in general.

One thing that can't be argued is that there is a white majority in the US and A and that white majority is in control. Just take one look at the Senate and what do you see? White men, mostly. There are deep rivers of racist policy and practices that exist like a cancer here. The cases against African Americans that come down to racism are countless and yet don't always get counted. It's too commonplace to be "newsworthy." So, when someone makes a stink about a case of "reverse racism" -- yes, racist bigotry of any kind is wrong, but holding up one case of black on white kind of misses the forest for the trees, in my opinion, be it ever so humble. Maybe it's getting press because of that. Maybe it would get equal press if it were reversed. I don't know.

My point is, I guess, that there are certain truths that have to be accepted as fact -- and the changes effected by the civil rights movement were in many cases superficial. Racism especially against African Americans continues to thrive beneath the surface of the national consciousness. Just look at the banking crisis - even qualified African American borrowers with good credit were given crappy subprime loans. That's just one instance. Look at the statistics involving the death penalty for another. It's endless and ubiquitous.

I wish there would be a second movement that really examined race relations in a real way and helped us as a society move forward toward fairness and harmony, instead of letting things fester.
I gotta agree 100%. Although, Ive never been a fan of the term "reverse racism." Racism is racism, I dont see why there is a need to label what may go against the norm.
post #18 of 28
Quote:
Originally Posted by canuck75
I think I agree with the NCVS definition. I just think that if the tables were turned and it was white guys slurring and beating on black guys, pretty much everyone would agree that it is a hate crime. So why should it matter if the colors are reversed? The crime still occurred. One rule of law for all people regardless of color, creed, sexual orientation, or ability.
The idea of hate crime laws is specifically to help minority groups when they're targeted by members majority. There's a perfectly reasonable argument for not applying them when the majority is targeted by the minority.

I think the debate to be had is not so much whether this is a hate crime, but whether you agree with the idea of hate crime laws.
post #19 of 28
Obviously being beaten up, harassed and intimidated is not fun. But taking the violence out of the equation, can you really compare a bunch of black people calling a white guy "peckerwood" or "whitey" (or, for that matter, "honky") with a bunch of white guys shouting "nigger"? There's a whole different context at play here.

Part of the reason for hate crime laws is that there is inequality in the first place. While they may seem "unfair" when applied to specific cases, such as this one, the broader idea is to prevent the majority from abusing their advantage over a minority. If you're white, and someone calling you a "honky" makes you upset, you have very very thin skin. That's because it's someone coming from a historical position of disenfranchisement taking a shot at someone who has traditionally come from a position of power.

Obviously members of a minority group can commit a hate crime against white people, but what makes it tricky is that people who are at an economic or social disadvantage are more likely to commit crimes, period, and minorities tend to be at an economic or social disadvantage. So hate crimes in the broader sense are harder to determine, and also less neccessary. It's possible a, say, Latino mugger might only want to rob white people, but the basic motive there is financial. "Hate" assumes that racism or prejudice was the primary reason for the attack, and tends to imply someone at an economic or class level equal to or higher than the victim, or possessed of some form of social power over the victim.

At any rate, since part of the point of hate crime laws is to act as a deterrant, I'd say it's less important to bring them in in cases where the assault came from a member of a minority group. It's kind of like drawing a distinction between a terrorist and a guy who shoots up a McDonalds. Both are serious crimes, but there's a political element to the former that needs to be taken into account.
post #20 of 28
Quote:
Originally Posted by The Prankster
can you really compare a bunch of black people calling a white guy "peckerwood" or "whitey" (or, for that matter, "honky") with a bunch of white guys shouting "nigger"? There's a whole different context at play here. .
I dunno, I'm assuming in both cases the intent is to intimidate and belittle someone who is in the "not-us" category.

The context that the black dudes are coming from an ethnic group that has historically been on the butt end of such intimidation may have some sociological import in the big picture but doesn't make the small picture behavior any less abhorrent than the opposite situation would be.
post #21 of 28
That's fine, but we're talking about a law here. The law is governing a larger social situation that supercedes any one specific case.

To use the first example that pops to mind from my high school law classes, consider the fact that statements given to a priest or a psychiatrist are generally inadmissable in court. I'm sure that's been frustrating for a lot of people over the years--not least the priests and psychiatrists--but the larger picture is that if people could be sent to jail for something they said to these two professions, it would make it impossible for them to do their job. So the law serves a larger purpose than simply nabbing criminals whenever possible.

Since it's not like people wouldn't still be charged with harassment, assault, or murder even if they were black and the victim was white, so I'm not seeing how this is radically unfair to white people. It's an add-on intended to help combat prejudice-related crimes.
post #22 of 28
Quote:
Originally Posted by The Prankster
Since it's not like people wouldn't still be charged with harassment, assault, or murder even if they were black and the victim was white, so I'm not seeing how this is radically unfair to white people. It's an add-on intended to help combat prejudice-related crimes.
I certainly understand/sympathize with that intent, but I don't see where you draw the line that only counts prejudice as going one way. What if a black person assaults Latinos, or a Jew assaults a Hindu, in a prejudice-related crime?

I'm one of those silly folks who, while realizing that white people hold most of the cards and in some ways enjoy de facto privileges that non-whites must overcome, thinks that racism from ANY person towards ANY other group is reprehensible and is thoroughly unacceptable. If the legal system is unable/unwilling to prosecute ALL crimes falling under the "hate" banner equally, take it off the fucking books.
post #23 of 28
Thread Starter 
Quote:
Originally Posted by Chavez

If the legal system is unable/unwilling to prosecute ALL crimes falling under the "hate" banner equally, take it off the fucking books.
My sentiments exactly. That reminds me of my 2nd year of college in Seattle when we went to a Mardi Gras festival downtown. A group of black guys were going around a targeting white kids and beating the shit out of them. How do I know this is true? Because when a few of them were arrested, they admitted as much. Yet those in charge decided that it wasnt a hate crime.

I simply feel that no matter what race, creed, religion you are, if you are beating the shit out of somebody because of their ethnicity, how could that not be considered a hate crime? Just because the assailant may be in the minority?
post #24 of 28
Just to be clear here, I'm not saying black people shouldn't be charged with a hate crime for beating up white people, if that was indeed their motive. But it's generally easier to prove "hate crime" when the victim is a minority (and yes, that applies to Hindus assaulting Muslims, blacks beating up Jews, etc.) That's all I'm referring to. I don't think that fact makes it an unjust law.
post #25 of 28
Quote:
Originally Posted by cbc.ca
The Criminal Code of Canada says a hate crime is committed to intimidate, harm or terrify not only a person, but an entire group of people to which the victim belongs. The victims are targeted for who they are, not because of anything they have done.

Hate crimes involve intimidation, harassment, physical force or threat of physical force against a person, a family or a property.

Sections 318 and 319 of the Criminal Code of Canada address hate crimes.

Under Section 318, it is a criminal act to "advocate or promote genocide" - to call for, support, encourage or argue for the killing of members of a group based on colour, race, religion or ethnic origin. As of April 29, 2004, when Bill C-250, put forward by NDP MP Svend Robinson, was given royal assent, "sexual orientation" was added to that list.

Section 319 deals with publicly stirring up or inciting hatred against an identifiable group based on colour, race, religion, ethnic origin or sexual orientation. It is illegal to communicate hatred in a public place by telephone, broadcast or through other audio or visual means. The same section protects people from being charged with a hate crime if their statements are truthful or the expression of a religious opinion.

The law (subparagraph 718.2(a)(i), to be specific) encourages judges to consider in sentencing whether the crime was motivated by hate of: the victim's race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor.
Hate crimes aren't just crimes which involve ethnic slurs, they are a form of mental terrorism designed to intimidate an entire group. If I get in a street fight with a Hispanic guy, and whilst mutually raining blows I get called a cracker and he gets called a spick, that's not a hate crime. If I spray-paint "GO HOME SPICKS" on a prominent clock-tower, probably a hate crime. Like many crimes, the intent of a hate crime is critical to its definition.
post #26 of 28
Graynadian nailed it
post #27 of 28
It's worth noting that, in some instances, hate crime charges aren't brought against an individual because the punishment is actually more severe without them. This is particularly true in states that don't have hate crime laws on the books and have to rely on federal hate crime laws.
post #28 of 28
Quote:
Originally Posted by Graynadian
Hate crimes aren't just crimes which involve ethnic slurs, they are a form of mental terrorism designed to intimidate an entire group. If I get in a street fight with a Hispanic guy, and whilst mutually raining blows I get called a cracker and he gets called a spick, that's not a hate crime. If I spray-paint "GO HOME SPICKS" on a prominent clock-tower, probably a hate crime. Like many crimes, the intent of a hate crime is critical to its definition.
Intent. That pretty much sums it up. The original idea was to prohibit actions such as running a job add with "blacks and hispanics need not apply" included in the text. I'm fairly sure uttering slurs during a common Baltimore transit assault isn't a hate crime — it's a transit assault.
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Political Discourse
CHUD.com Community › Forums › POLITICS & RELIGION › Political Discourse › What constitutes a hate crime?