I understand what you are saying.
I only disagree in that once a principal such as justice is in the hands of people, the rules no longer apply. People are random elements in all things. There is little logic in the manner in which 5 different people will interpret the facts before them.
An example is this from the U.S. Bill of rights:
QuoteAmendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
I take this to mean that states not
individuals are guaranteed the right to form militias in order to defend their principles and their liberties from an unjust federal government. For me, the statement revolves around this -
A well regulated militia, meaning that the militia and how it is regulated is decided by the state government. For me the term
people means a collective entity.
Other people think the important part of the amendment is
the right of the people to keep and bear arms. To them, the term
people is interpreted as meaning every individual.
I'm not arguing for gun control here. I'm only using it as an example of how a simple statement can be interpreted in different ways. Just because I believe something, doesn't mean it's right.
Imagine a person punching another (I have seen violence, so I don't have to imagine it). On the surface, one person punched another and that is assault. No doubt. Bring it before a jury and you would think that just the fact that one person punched another and that there are witnesses and the act cannot be disputed would mean a simple punishment. A punishment that would apply to every single person equally, however, it really does not work that way. It should not matter who was punched (unless it's a child because it's worse) or who did the punching, but it does. People receive different punishments for performing the same crime every day. Sometimes, the victim is ignored or even mistreated because of who they are.
For me, a hate crime law is not meant to
add punishment to an already reasonable sentence or judgment which falls into the average for the crime committed, but is meant to be a kind of net for punishing violence that may not have been punished in a way that meets your criteria for the
same punishments for the same crimes. There really are times when a person who commits a violent crime is dealt with less harshly because the victim is of a 'disapproved' or 'unimportant' group.
I am not trying to lecture or to convert you. I understand both sides of the argument. Right now, I'm in a place where I believe that 'hate' crimes are not always punished with the same zeal that an ordinary crime would be. I say 'not always' - there
are good people out there who try to do the right thing, but there is still a contingent or subclass of haters who will work to undermine justice and the law.
I am in a place where I believe that for now (maybe 2 or 3 decades?) we need to ensure that punishment is meted to those who commit acts of violence or even intolerance.
I have a real life example of the weirdness in how the law is applied.
This took place 30 years ago. I understand that the times were different then, but this may work as an example in the context of protecting people who can't stand up for themselves.
I have an uncle who got a 12 year old girl pregnant when he was 24 years old. He received 2 months in county for statutary rape. The girl slept with him willingly. They even had an openly public relationship. Why did he only get 2 months? Part of the reason is that the girl dressed and acted older. I was 15 and I thought she was 17 years old. But what the hell kind of reason is there to take the girl's looks and behavior into consideration? A 12 year old is a 12 year old.
That's how the law works. Of course, in the last few decades, people had to work at getting the law to think of children seriously. Nowadays, 12 years old means 12 years old. My uncle would be jailed for a lot longer now. He would be branded as a sex offender and have to follow a strict regimen upon release. To be fair to him, he is not interested in children and has never done anything like that again, but who would know that? Most people who behave like that do it because they are messed up and they never stop. We know more now and we treat perpetrators of child molestation in a far more serious way than before. However, this punishment had to be lobbied for and fought for by victims and their parents.
If someone stabs me (less likely now then a few years ago -I hope), I want them to be prosecuted for attempted murder or even attempted manslaughter, but they will probably get prosecuted for aggravated assault or some other lesser charge that insults me. If the perpetrator is prosecuted with the same vigorous energy that others are for similar crimes, I'd be fine. But
if they are prosecuted on a lesser charge because of my 'proclivities' then I want to be able to advocate for another trial based on
why I was attacked because the
why in this case is not only the reason I was attacked, but also the reason by which the attacker received less harsh treatment by the system.
Haters and bigots are like child molesters, in that, if they feel free to do so, they will gladly commit the same crime against another person.
I apologize for the speech, Brede. I am not arguing, but only trying to describe my point of view. I have lived a weird life. Because of my lack of family structure, I have associated with child molesters, rapists, murderers, bigots, and other crazy people. There is little to no consistency in how laws are applied. I have known the most violent of people to get tiny little punishments that were insulting at best to the victim. I wish every violent crime was handled in a more cookie cutter fashion. Hurting someone is hurting some one. No excuse. No matter in who the victim is. I don't expect the law to ever work fairly while it is in the hands of people. I just would like to see it handled with consistency.
Break. I have to actually do some work since I've been here for 90 minutes already.
Catch some sun and have some fun,
Rebecca