Raw on Nostr: I understand your point. Yes it may seem like prosecutors can add up charges as they ...
I understand your point.
Yes it may seem like prosecutors can add up charges as they want the fact is They do. this is nothing new in legal system. I mean just going into trial with just one crime never happens. Lots of charges are added all the time. The problem is to prove it. As you might have noticed claiming murder of a bartender because he was homosexual is easy hard part is proving it. The more convoluted the crime becomes the more harder it is to prove. That is the check of the justice system. Crime needs to be proven Beyond reasonable doubt. In a jury system convince them that in fact the person has a friend from a high school who is gay or say that killers fav movie is Shawshank redemption because of Morgan freeman and make them doubt even a bit even a little bit of doubt that is enough to make the case go away. Proving a crime is hard and proving hate crime seems even harder.
The second point is very interesting. Again depart from the idea that criminal law is just law because of justice, it is there to even protect society from imploding in itself or to make society better social engineering as it is called. I would not mind a person who killed a dude for personal reason, like he did not like him cuz xyz, be a free man. Which he will be after the period of his sentence. Than to let loose a man who kills people cuz he hates bartenders just hates the idea of a bartending. I mean I may have more interest in second person being locked up more than the first one. I may be a bartender!
Also the crime is also different! One is killing cuz of hate for bartenders one is killing cuz of hate for homosexuals. Society seems to value the rights of homosexual more than that of bartenders. Maybe cuz like 1 group of people were hated by everyone including the law not more than 100 yrs ago. So they value it more.
This is assuming the premise of hate crime being a 'crime'. Hate crime maybe is a different category of crime idk? the hardest is the prove hate crime. I hope they do not lower the standard of burden of proof.
Yes it may seem like prosecutors can add up charges as they want the fact is They do. this is nothing new in legal system. I mean just going into trial with just one crime never happens. Lots of charges are added all the time. The problem is to prove it. As you might have noticed claiming murder of a bartender because he was homosexual is easy hard part is proving it. The more convoluted the crime becomes the more harder it is to prove. That is the check of the justice system. Crime needs to be proven Beyond reasonable doubt. In a jury system convince them that in fact the person has a friend from a high school who is gay or say that killers fav movie is Shawshank redemption because of Morgan freeman and make them doubt even a bit even a little bit of doubt that is enough to make the case go away. Proving a crime is hard and proving hate crime seems even harder.
The second point is very interesting. Again depart from the idea that criminal law is just law because of justice, it is there to even protect society from imploding in itself or to make society better social engineering as it is called. I would not mind a person who killed a dude for personal reason, like he did not like him cuz xyz, be a free man. Which he will be after the period of his sentence. Than to let loose a man who kills people cuz he hates bartenders just hates the idea of a bartending. I mean I may have more interest in second person being locked up more than the first one. I may be a bartender!
Also the crime is also different! One is killing cuz of hate for bartenders one is killing cuz of hate for homosexuals. Society seems to value the rights of homosexual more than that of bartenders. Maybe cuz like 1 group of people were hated by everyone including the law not more than 100 yrs ago. So they value it more.
This is assuming the premise of hate crime being a 'crime'. Hate crime maybe is a different category of crime idk? the hardest is the prove hate crime. I hope they do not lower the standard of burden of proof.