Logen Kain on Nostr: That's some fair points. So, if sociey has a goal, then adding the extra punishments ...
That's some fair points.
So, if sociey has a goal, then adding the extra punishments could make sense, but then the law itself is discriminatory by favoring one race over another.
I don't think I gave a great example earlier, I wanted to use premeditated murder since it's clear, but it's also a high crime which may confuse my argument. So here's that example anyway.
Premeditated murder.
Case one, victim is a straight white bartender.
The perp hates bartenders and kills the bartender.
Case two, victim is a homosexual bartender.
The perp hates homosexuals and kills the bartender.
Both premeditated, both targeting by class, yet one has greater penalties.
Furthermore, if the straight bartender's family claims that said bartender was gender fluid, then that elavates it to hate crime status.
Even though the true intent was to murder a bartender.
So we have two issues,
First: how do you avoid extra charges being added to any given crime on a whim by the prosecuter? Except in extreem circumstances, intent cannot be proven beyond a reasonable doubt.
Second, how is it just if one or more classes of people get a different level of justice than groups of one or more other classes?
So, if sociey has a goal, then adding the extra punishments could make sense, but then the law itself is discriminatory by favoring one race over another.
I don't think I gave a great example earlier, I wanted to use premeditated murder since it's clear, but it's also a high crime which may confuse my argument. So here's that example anyway.
Premeditated murder.
Case one, victim is a straight white bartender.
The perp hates bartenders and kills the bartender.
Case two, victim is a homosexual bartender.
The perp hates homosexuals and kills the bartender.
Both premeditated, both targeting by class, yet one has greater penalties.
Furthermore, if the straight bartender's family claims that said bartender was gender fluid, then that elavates it to hate crime status.
Even though the true intent was to murder a bartender.
So we have two issues,
First: how do you avoid extra charges being added to any given crime on a whim by the prosecuter? Except in extreem circumstances, intent cannot be proven beyond a reasonable doubt.
Second, how is it just if one or more classes of people get a different level of justice than groups of one or more other classes?