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Registered
Join Date: Mar 2002
Location: Southern California
Posts: 2,578
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In America, we place different values on individual's lives based upon that person. For example, if the President was attacked and at the same time a homeless man was attacked, who would the public invest their time in solving?
Domestic Violence covers a spouse, exspouse, girlfriend, exgirlfriend, cohabitant, former cohabitant and is most often a felony account. The injuries can be minor in nature or severe. If the husband slaps his wife and leaves a red mark, he is going to jail for a felony. If he slapped his friend with the same strength, he may not even go to jail.
Another example is "Terrorist Threats." The law was created mostly to arrest gangsters when they threatened others with the backing of their gang. Now it is used on any threats of GBI or death for anyone.
There is a "letter of the law" and a "spirit of the law." The "letter of the law" is applied directly as it is printed. The "spirit of the law" allows the officer to use his discretion in the application of the law. For example, a known gangmember walking down the street carrying a "Dodger bat" (miniature baseball bat given out at Dodger games) in case there is a problem is much different, at least in my mind, from an elderly woman carrying the same "Dodger bat" in case something happened going out on a walk. The crime for each could be 12020PC, but the elderly woman does not fall within the "spirit of the law."
Hate Crimes do not defend defend groups, they defend the same principals that our founding fathers defended. The malice attached to the actions has everything to do with the intent and subsequent punishment.
Someone earlier posted victimizing a 9 year old and a 19 year old as being the same. Absolutely not because the crime "shocks the conscience."
For political reasons, the DAs select particular cases to charge hate crimes in. I would like to add gangsters killing gangsters as a hate crime. Think about it, they shoot, maim, and kill each other based upon a group affiliation and belief. Under the specific definition, it seems to fit.
David
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