Hate crime with a twist

dogtowner

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female homosexuals beat up a male one

judge rules its NOT a hate crime ACLU disagrees.

the funny part is I agree with both sides only for different reasons.

its obviously a "hate crime" but hate crimes are idiotic.


Three women identified by their lawyers as lesbians were arraigned yesterday on a hate crime charge for allegedly beating a gay man at the Forest Hills T station in an unusual case that experts say exposes the law’s flawed logic.

“My guess is that no sane jury would convict them under those circumstances, but what this really demonstrates is the idiocy of the hate-crime legislation,” said civil liberties lawyer Harvey Silverglate. “If you beat someone up, you’re guilty of assault and battery of a human being. Period. The idea of trying to break down human beings into categories is doomed to failure.”

Prosecutors and the ACLU of Massachusetts said no matter the defendants’ sexual orientation, they can still face the crime of assault and battery with intent to intimidate, which carries up to a 10-year prison sentence, by using hateful language.

“Someone who is Jewish can be anti-Semitic,” said ACLU staff attorney Sarah Wunsch. “The mere fact that someone is a member of the same class doesn’t mean they could not be motivated by hatred for their very own group.”
 
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once again I have to point out this little thing that never seems to get into the rights head...Just because a crime is committed against someone...who is a different race, religion or gay or strait...does not make it a hate crime...if some lesbians beat the crap out of gay man because they got in a fight and did not like him ...or even because they wanted to steal his wallet...thats not a hate crime...If they targeted him because they hate Gay males...attacked him, and where screaming about how they hated Gay Males and that was the clear motivation of the attack...then you could have a case....if the ACLU wants to make a case, then it has to prove the Motivation behind that attack...Thats why hate crimes are hard to prove unless you make it very clear. 2 white men in white hoods attack a black kid at random screaming you nigger your going to die and the put him in a noose and hang him under a burning cross....umm yea thats a pretty clear case...

Same 2 guys are walking down the street in jeans and Sports shirts on, they attack a black guy...and never say anything regarding why....thats a very weak case for a hate crime and would and should fail in court as there is no clear motivation...even if the result was the same...2 white guys killed a black guy.
 
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