Message from @Diddycon
Discord ID: 568141429034188802
Hate crime law violates the 5th amendment
I disagree. Motivation in absolutely necessary to determine. You been to we able to determine ***why*** someone shot aomeone else. Was it a personal dispute, racial emnity, self defense? These need to be determined.
How does a hate crime violate your right to not incriminate yourself?
@Deleted User
There are motiveless crimes; Ussually a psychopathology is involved, but there have been totally motiveless crimes committed.
*shrug*
5th ammendment is more than not incriminating yourself.
nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb
Oh I don't disagree, and these people should be treated for whatever disorder they have. There are exceptions. @Mandatory Carry
You cant be tried for the same crime twice, seperating motive from action creates a scenario where you can be
thats not true
Not really...
a murderer
wrote a letter to the family
and got tried again
because new evidence surfaced
the letter
cant be treied with the same evidence again
but if new evidence arised
fair game
Oh Jesus Christ, write all once, not. One. Word. At. A. Time.
just look at it as a cracked out haikou
Once a trial is over, irrespective of in later coming out what motivated the crime in question, they can't be tried again.
Separating intent from the crime doesn't mean you can be tried for the same crime twice. Emmit Till (probably spelling that wrong) demonstrates this.
the letter provided additional details pertaining to the case
@Diddycon oh no, I'm not arguing with you. You're right. The reasoning behind a crime being committed isn't enough evidence for charging someone, which is why I can't really chsrged for beating up my neighbor, even though we have had property disputes (he was bratenbup a few months ago. I'd have motivation, but motivation!=solid evidence)
I was agreeing. Intent doesn't mean that much
Then it shouldnt be a crime to have intent
Disagree. Establishing intent or motivation gives you the people you need to start looking at.
motive means and opportunity!
Already covered by the degree of crime system
and if i accidently run over a baby running across the street. its not the same as if i pull on the curb and run over a baby on purpose
either way the baby is dead
Charging for intent serves no purpose other than to increase sentencing for the same crime
but the crime is different
intent is paramount in determining the degree of justice ( sentencing)
Agreed, but intent shouldnt be a separate crime
Intent is part of the case and proving guilt. It shouldnt be a seperate crime
if a crime is foiled what would they be charged with?
attempted =/ intent is what ur suggesting?
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.
Attempt
id argue attempt suggests intent
And attempt is a violation of law
The intent is not the violation of law