Message from @Diddycon

Discord ID: 568147247204794434


2019-04-17 18:37:52 UTC  

I literally said that you can't charge someone with intent alone (there are acceptions, like conspiracy to commit certain crimes, but, "intent", is used in a different context, there). Separating intent from a crime does not set a dangerous, Fifth-Amendment-circumventing situation where you can be charged with the same crime twice.

2019-04-17 18:37:55 UTC  

Attempt

2019-04-17 18:38:27 UTC  

id argue attempt suggests intent

2019-04-17 18:39:08 UTC  

And attempt is a violation of law

2019-04-17 18:39:17 UTC  

The intent is not the violation of law

2019-04-17 18:40:00 UTC  

If you kill a guy and are charged with killing and hate, what purpose does the hate charge serve?

2019-04-17 18:40:10 UTC  

i see what your saying

2019-04-17 18:40:26 UTC  

hate crime is weird is general

2019-04-17 18:40:34 UTC  

legally speaking

2019-04-17 18:40:43 UTC  

If your not guilty of murder can you still be charged with hate?

2019-04-17 18:40:48 UTC  

cuz a lot of that is subjective

2019-04-17 18:41:00 UTC  

If yes you are in double jeopardy

2019-04-17 18:41:20 UTC  

If no the hate only serves to punish you for the same crime twice, double punishment

2019-04-17 18:41:20 UTC  

taht i dont follow

2019-04-17 18:41:44 UTC  

because u can be exonerated of murder and still be charged with manslaughter

2019-04-17 18:42:31 UTC  

for the same incident

2019-04-17 18:47:14 UTC  
2019-04-17 18:52:15 UTC  

yea i happen to agree with that guy, its more of a first amendment issue then 5th

2019-04-17 18:53:05 UTC  

And can a white supremacist kill a jew and it not be racially motivated? Of course. The idea of hate crimes is just a way to expand punishment on idealogies that the court doesnt agree with

2019-04-17 18:54:03 UTC  

And how would that white supremacist prove that the killing of the jew was not racially motivated

2019-04-17 18:54:19 UTC  

u cant be asked to prove a negative

2019-04-17 18:54:32 UTC  

its the onus of the prosecution to prove it was

2019-04-17 18:54:53 UTC  

and our legal system is not black and white, the judge and jurors are typically pretty savvy

2019-04-17 18:55:08 UTC  

How would you prove the motive? Point at his tattoo?

2019-04-17 18:55:54 UTC  

Jurors aren't savvy, they are your peers, no smarter than you or i

2019-04-17 18:56:36 UTC  

lots of ways, but im not here to do a hypothetical prosecutors job for them!

2019-04-17 18:56:37 UTC  

I wouldnt want me on a jury

2019-04-17 18:57:15 UTC  

chances are u wouldn't be selected then. and a collective body of 12 people discussing facts is smarter then the average bear

2019-04-17 18:57:43 UTC  

My wife has been on a jury, and i wouldnt want her either

2019-04-17 18:58:07 UTC  

you aren't gonna convince me based on anecdote!

2019-04-17 18:58:18 UTC  

id rather have jurors then arbiters of justice

2019-04-17 18:59:56 UTC  

Me either, but that doesnt mean either can intellegently seperate ideology from motive

2019-04-17 19:59:59 UTC  

I think alot of it has to do with our attempt to punish things we find detestable, like killing a black dude cuz hes a black dude. I would argue their is a delineation between that and killing a black dude for fucking ur wife- its not cuz hes black its cuz his cock is in ur wife

2019-04-17 20:00:35 UTC  

and hate crime laws are trying to account for that delineation

2019-04-17 20:06:06 UTC  

its a reductive response and i dont want to discount the merit of your argument. Which i gathered as an ideology should not be punishable by law, which is what that video alluded to. I can totally see the argument where it infringes upon the first amendment.

2019-04-17 20:29:40 UTC  

Killing the guy fckn your wife could be a crime of passion and therefore not premeditated, therefore is already subject to lesser charge than murder 1

2019-04-17 20:30:40 UTC  

Its kind of like charging someone with reckless driving and driving under the influence at the same time

2019-04-17 20:31:46 UTC  

i guess i should have worded it better to account for the premise. If u walked into in a killed him yea, but say u discovered the pattern and made the decision to end his life.

2019-04-17 20:34:11 UTC  

a for useful scenario would be remorse in criminal procedings, in sentencing a judge will account for the defendants attitude towards a crime. if the defendant does not see what they did as wrong we treat it differently then if they show genuine remorse and understanding. in this scenario you would be punishing to sociopathic tendencies or ideology that what they did was justified.

2019-04-17 20:35:55 UTC  

Remorse is an argument about the role of criminal justice is it reform or punitive? Hate crimes have nothing to do with reform, its all punitive

2019-04-17 20:36:20 UTC  

the important word in the concept of criminal justice is justice