Kentucky's Hate Crime Law Doesn't Include Homicide

Discussion in 'Politics, Religion, Social Issues' started by BigHungry04, Jul 20, 2010.

  1. BigHungry04 macrumors 6502

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    #1
    Kentucky's Legislature decided to not include homicide in their hate crime law passed in 1998 and as such a white supremacist is now eligible for parole, how about them apples? Link below:

    http://www.kentucky.com/2010/07/20/1356404/ky-hate-crime-statute-excludes.html

    So basically if someone murders another person and that person's race, religion, national origin, or sexual orientation is the primary factor in that murder, they can not be charged with a hate crime. I think that is not right and should be changed, it also shows how behind the times Kentucky's Legislature is. Just thought you all would like to know.
     
  2. MattSepeta macrumors 65816

    MattSepeta

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    #2
    How about they change it so that all crimes are equal, regardless of motivating factor.

    Makes a hell of a lot more sense.

    They way the have it now makes absolutely no sense, if they are going to have any hate crimes, I don't understand how they can justify exempting murder.
     
  3. ucfgrad93 macrumors P6

    ucfgrad93

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    #3
    Agreed.
     
  4. leekohler macrumors G5

    leekohler

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    #4
    Motivating factors are always important- that's why we have judges and varying degrees of charges for different crimes. For instance, murderers' lawyers have used the "gay panic" defense several times in court and gotten far lesser sentences for their clients. Hate crimes laws do away with that. That's just one example of why these laws are needed.
     
  5. Eraserhead macrumors G4

    Eraserhead

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    #5
    If you kill someone who's attempting to rape you surely you deserve a lower sentence than someone who's killed you because your a woman/gay/black?
     
  6. ucfgrad93 macrumors P6

    ucfgrad93

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    #6
    They already have that: first degree murder, second degree murder, manslaughter, etc. Charge them appropriately.

    That said, it is sad and disgusting that judges allow defendants to use a defense like "gay panic." Those judges should be removed from the bench.
     
  7. BigHungry04 thread starter macrumors 6502

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    #7
    If race, religion, sexual orientation, or national origin is a motivating factor in the crime, a charge of hate crime should be added to the offense. For instance if charged with manslaughter, and the victim's sexual orientation is a motivating factor in the crime, the prosecutor should add hate crime to their charges.
     
  8. leekohler macrumors G5

    leekohler

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    #8
    You're describing a perfect world scenario, which does not exist. That defense is one of the reasons hate crimes laws were needed in the first place. I wish we didn't need them, but we do.
     
  9. fivepoint macrumors 65816

    fivepoint

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    #9

    +1
    Hate crimes are bunk and only serve to drive elements of our society further apart.
     
  10. .Andy macrumors 68030

    .Andy

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    #10
    Criminals and their victims?
     
  11. Ttownbeast macrumors 65816

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    #11
    I can see your point here Lee (i get the whole idea of inclusion in the protection under such laws) but I have to disagree a little bit concerning the whole concept of enhancing sentences because of the hate crimes statutes. it seems to me that hate crime laws are just a spin on affirmative action for the victims involved murder is still murder no matter the motivation and should be treated equally under the law that is what should be enforced not any sort of special circumstance when the act is clearly premeditated already. we have become a bargaining system rather than one of justice everything has become determined by points for or against an act rather than the act itself. if I kill someone deliberately I should expect a clear punishment not a contract negotiation.
     
  12. leekohler macrumors G5

    leekohler

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    #12
    You should, but it doesn't work that way without these laws, unfortunately. Again- in a perfect world...

    ...but should, would, and could are not reality.
     
  13. Ttownbeast macrumors 65816

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    #13
    and with these laws the punishment is worse for the criminal than another person who commits a premeditated crime under circumstances not dealing with race gender or sexual orientation? how is that anywhere equal of fair it just shifts the balance in the other direction and creates another inequality. Do you want equality or do you want special treatment?

    .......I just think we have gone from a society where history was written by the victor right or wrong to one written by the victim also right or wrong.
     
  14. CorvusCamenarum macrumors 65816

    CorvusCamenarum

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    #14
    I think you left out the part where only white males get hate crime enhancements.
     
  15. .Andy macrumors 68030

    .Andy

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    #15
    Why would you want this to be the case :confused:?
     
  16. Gelfin macrumors 68020

    Gelfin

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    #16
    Not true. The FBI tracks these things. In 2008 20% of hate crimes were committed by African American offenders, which is actually proportional overrepresentation.
     
  17. leekohler macrumors G5

    leekohler

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    #17
    And how does allowing gay panic as a defense help either?
     
  18. citizenzen macrumors 65816

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    #18
    So... you're for closing Guantanamo and either charging those held or setting them free?

    Right on, brother!
     
  19. bobber205 macrumors 68020

    bobber205

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    #19
    You forgot the other standard. ;)
     
  20. synth3tik macrumors 68040

    synth3tik

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    #20
    First Degree = Premeditated, Thought and planning when behind it
    Second Degree = "Heat of the moment", no forethought or pre planning
    Manslaughter = There was no intent to kill, but death resulted from criminal actions

    In a closer to perfect world this would work with regard for hate crimes. However in so many cases these terms or degrees are more of a bargaining chip then anything.

    For example you go to someones house and kill them. You're charges with First degree murder. They offer you a plea of second degree murder. Their case is weak and during trial they offer you manslaughter.

    It's not the plot of Law & Order, it is the sad state of our justice system.
     
  21. StruckANerve macrumors 6502

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    #21
    Hate Crime laws are BS. It pretty much says other people's lives are more important than others.
     
  22. bobber205 macrumors 68020

    bobber205

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    #22
    Are you saying killing someone just because they're gay doesn't deserve a special more harsh punishment?

    That's equivalent to saying that we shouldn't have the manslaughter/murder distinction. A death is a death after all. :rolleyes:
     
  23. AP_piano295 macrumors 65816

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    #23
    But all crimes are not equal.

    A crime of passion is generally considered "less bad" than a pre-meditated murder.

    Is that wrong?
     
  24. AP_piano295 macrumors 65816

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    #24
    No they don't they say it is more reprehensible to kill someone because of their race, religion, orientation whatever. It works both ways if a black person kills you because your white, or if a gay person kills you because you are strait those are both hate crimes.
     
  25. Ttownbeast macrumors 65816

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    #25
    Please take no personal offense, but I'll quote you on this one Lee:

    This was the same excuse used by the other side of the coin before hate crime laws to justify the good ol boy system that came before it. We have not reached a stable point the pendulum has just swung the other direction in extremes.
     

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