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    Sentencing for hate crime

    Banned
    The statements below would effectively add to the length of sentencing for an existing category of crime (e.g. assault, murder, burglary etc).

    My question is, is there a need?
    Why would for example an assault on a gay person need to carry a longer sentence than an assault on a straight person?
    Why should the murder of a black teenager carry a longer sentence than the murder of a white pensioner?

    Surely we should be sentencing based on the crime? an assault is an assault right? the outcome is the same - someone ends up getting beat up, so why would the victim's race/orientation/disability be a factor?
    ***********************

    **The Crime and Disorder Act 1998 makes hateful behaviour towards a victim based on the victim’s membership (or presumed membership) in a racial group or a religious group an aggravation in sentencing for specified crimes**

    **The Criminal Justice Act 2003 requires a court to consider whether a crime which is not specified by the Crime and Disorder Act 1998 is racially or religiously aggravated. The Act requires a court also to consider whether the following circumstances were pertinent to the crime:

    (a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—
    (i) the sexual orientation (or presumed sexual orientation) of the victim, or
    (ii) a disability (or presumed disability) of the victim, or
    (b) that the offence is motivated (wholly or partly)—
    (i) by hostility towards persons who are of a particular sexual orientation, or
    (ii) by hostility towards persons who have a disability or a particular disability**

    53 Comments

    http://www.shaunareid.com/admin/wp-content/uploads/2013/01/bannatyne.gif

    No, wait... that's not the right thing to say.

    All crimes should be treated equally. Regardless of race, sexuality, gender etc

    The motive of the crime is what matters In this instance. If a white person commits a crime against a black person it is not automatically a hate crime. If a white person commits a crime against a person because they are black then it is.
    Edited by: "RossD89" 21st Dec 2014

    Original Poster Banned

    RossD89

    The motive of the crime is what matters In this instance. If a white … The motive of the crime is what matters In this instance. If a white person commits a crime against a black person it is not automatically a hate crime. If a white person commits a crime against a person because they are black then it is.


    I get that, but why would one carry a longer sentence than the other? the actual outcome is still the same for the victim right?

    Villa

    I get that, but why would one carry a longer sentence than the other? the … I get that, but why would one carry a longer sentence than the other? the actual outcome is still the same for the victim right?



    I don't profess to be an expert on law, but as a layman I would say that it could be because by commiting a hate crime you are breaking more than one law, and the reasons for commiting such a crime is much more sinister.

    Motives for crimes seem to make a difference when it comes to sentencing. It's not just hate crimes.

    Edited by: "RossD89" 21st Dec 2014

    Other sentencing takes into consideration all different circumstances, hate crime reduces these consideration to a basic level.

    Premeditated murder carries a long sentence than other forms of murder because it has been planned

    IMO the same can be said of most hate crimes as the person causing the hate has been having thoughts

    Banned

    Break the Law Death or life in prison, Solves everything

    bazzamone

    Break the Law Death or life in prison, Solves everything



    And would leave those left significantly worse off.
    Edited by: "RossD89" 21st Dec 2014

    RossD89

    And would leave those left significantly worse off.


    Ross, why do you always edit all your comments?

    Banned

    Comment

    philphil61

    Premeditated murder carries a long sentence than other forms of murder … Premeditated murder carries a long sentence than other forms of murder because it has been plannedIMO the same can be said of most hate crimes as the person causing the hate has been having thoughts



    Murder is premeditated.

    Transformers

    Ross, why do you always edit all your comments?




    I don't edit them all. I use my phone to make many commentes and as a result I miss spelling errors (I don't use the app or mobile site and it is much easier to miss such errors on a phone). I also edit my comments to correct gramatical or syntax errors.

    Of all the people on this site, I would have thought that you would appreciate this the most

    Edit: Just for Transformers

    Edited by: "RossD89" 21st Dec 2014

    Banned

    Comment

    RossD89

    I don't edit them all. I use my phone to make many commentes and as a … I don't edit them all. I use my phone to make many commentes and as a result I miss spelling errors (I don't use the app or mobile site and it is much easier to miss such errors on a phone). I also edit my comments to correct gramatical or syntax errors.Of all the people on this site, I would have thought that you would appreciate this the most :pEdit: Just for Transformers



    Could you go back in and correct 'commentes' it's getting to me?

    toshapetriji

    CommentCould you go back in and correct 'commentes' it's getting to me?



    Im an eighth Spanish, don't be so insensitive.


    Edited by: "RossD89" 21st Dec 2014

    Banned

    Comment

    RossD89

    Im an eighth Spanish, dont be so insensitive.



    I had a lovely holiday in Barthelona once.

    bazzamone

    Break the Law Death or life in prison, Solves everything



    Everything, other than prison overcrowding.

    RossD89

    Im an eight year old Spanish dude, don't be so insensitive.


    fixed.


    Edited by: "CookinBat" 21st Dec 2014

    Hate crime laws make perfect sense.
    Simply because innocent people are just being targeted for being part of a minority group. That is clearly wrong, and go out to target people because of ones own prejudices should carry a higher penalty because these people have demonstrated they are not safely integrated into society.

    Sometimes people fight and argue among themselves when another threatens their needs and wants, eg money, love/sex, Often both parties are involved and in some instances their is some blame on both sides.

    Targeting someone because of your own prejudice is simply wrong and should be punished by society, a clear message needs to be sent out to break these cycles safeguarding innocent people that should just be able to get on with their lives.

    CookinBat

    fixed.



    What is an 'eighth year old'?

    ....Broken....

    South Park explains why hate crime legislation is wrong, brilliantly. It's the one where Cartman goes to juvi after hitting Token with a rock, where the boys have a sledge race against the girls.

    quote...shocking fact from The Mirror...People with ginger hair make up six per cent of the population, and it seems that many of them have been targets of this emerging “hate crime”.

    RossD89

    What is an 'eighth year old'?....Broken....:{


    you got me and I can't blame my phone either, or is it neither?

    RossD89

    I don't edit them all. I use my phone to make many commentes and as a … I don't edit them all. I use my phone to make many commentes and as a result I miss spelling errors (I don't use the app or mobile site and it is much easier to miss such errors on a phone). I also edit my comments to correct gramatical or syntax errors.Of all the people on this site, I would have thought that you would appreciate this the most :pEdit: Just for Transformers


    I see.

    CookinBat

    you got me and I can't blame my phone either, or is it neither?


    Ask fanpages.

    toshapetriji

    CommentMurder is premeditated.



    When I mentioned "other forms of murder" I was including manslaughter which includes voluntary and involuntary and I assume there are other forms of murder each having their own distinction but Premeditated murder is the most serious AFAIK

    Transformers

    Ask fanpages.


    I dare not trouble him over such trivialities (yay, spelt it write unaded) I'm awesome

    CookinBat

    I dare not trouble him over such trivialities (yay, spelt it write … I dare not trouble him over such trivialities (yay, spelt it write unaded) I'm awesome


    He will probably quote a hundred or so sources about which one is correct and why. Along with several examples.

    Transformers

    He will probably quote a hundred or so sources about which one is correct … He will probably quote a hundred or so sources about which one is correct and why. Along with several examples.


    tut tut - you missed unaded

    *cough* and write ofc
    Edited by: "brilly" 21st Dec 2014

    brilly

    tut tut - you missed unaded


    Are you using the new skin now?

    First time I've ever got a notification from you.

    Transformers

    Are you using the new skin now?First time I've ever got a notification … Are you using the new skin now?First time I've ever got a notification from you.


    under duress, it changes back from the old skin to this utter shambles within minutes now

    brilly

    under duress, it changes back from the old skin to this utter shambles … under duress, it changes back from the old skin to this utter shambles within minutes now


    I got that one too.
    Edited by: "Transformers" 21st Dec 2014

    I edited that to show the emoticon, before Ross says anything.

    Transformers

    He will probably quote a hundred or so sources about which one is correct … He will probably quote a hundred or so sources about which one is correct and why. Along with several examples.


    FP is awesome, whatever I don't know, he knows, we have everything covered

    Transformers

    I got that one to.


    yeah well i didn't change the skin between posts, that would be as much hassle as the new skin unfortunately

    CookinBat

    I dare not trouble him over such trivialities (yay, spelt it write … I dare not trouble him over such trivialities (yay, spelt it write unaded) I'm awesome


    *right
    *unaided

    you're welcome.

    toshapetriji

    Murder is premeditated.



    No, you can plan a murder which is premeditated or you can by accident or event murder a person which is unpremeditated or as its normally called manslaughter

    The unjustifiable, inexcusable, and intentional killing of a human being … The unjustifiable, inexcusable, and intentional killing of a human being without deliberation, premeditation, and malice. The unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without due caution and circumspection.Manslaughter is a distinct crime and is not considered a lesser degree of murder. The essential distinction between the two offenses is that malice aforethought must be present for murder, whereas it must be absent for manslaughter. Manslaughter is not as serious a crime as murder. On the other hand, it is not a justifiable or excusable killing for which little or no punishment is imposed.


    legal-dictionary.thefreedictionary.com/man…ter

    Original Poster Banned

    philphil61

    When I mentioned "other forms of murder" I was including manslaughter … When I mentioned "other forms of murder" I was including manslaughter which includes voluntary and involuntary and I assume there are other forms of murder each having their own distinction but Premeditated murder is the most serious AFAIK


    I'm no legal expert but I was under the impression that if you plan (premeditate) a killing then it is known as murder. Otherwise it is manslaughter.

    Original Poster Banned

    Wow, posted at same time as Arachnoid.

    fanpages

    Smelling pistakes?[ … Smelling pistakes?[ http://www.hotukdeals.com/misc/old-habits-die-hard-2058114?p=23426856 ]



    This was a better post X)

    Edited by: "deeky" 21st Dec 2014
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