same question with sexual orientation
2006-12-28 10:52:23 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It depends upon whether or not they can prove you to be racist or against that certain individuals race or orientation.
2006-12-28 10:56:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No. Hate Crime charges may be filed if the DA believes that the victim's race was a motivating factor in the attack.
Same answer with sexual orientation.
2006-12-28 19:02:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I wouldn't say automatic, but I believe there are SOME-notice not all-people who will certainly believe and automatically assume it is some form of a racially motivated attack. There was a good episode on King of the Hill criticizing this. What makes a crime against a minority deserving of more recognition than a crime against a white person. Why do minorities deserve special priviledges under the law. Essentially, these hate crimes are not justice, since they technically do not apply the law equally to all crimes. Why is it a white man can't hate another man unless he is white, lest he be considered a racist. (Let the thumbs down roll baby)
2006-12-28 18:58:30 · answer #3 · answered by marijuwannahman 2 · 2⤊ 0⤋
I guess it depends. If they determine the reason you beat up that person was simply because of their color or sexual orientation they might charge you with a hate crime, but if that wasn't the reason and you say a slur during the incident out of anger and you didn't mean it I don't think they would.
2006-12-28 19:08:37 · answer #4 · answered by AL IS ON VACATION AND HAS NO PIC 5 · 0⤊ 0⤋
No, if you were stating racial slurs, or sexual orientation slurs.. then it would be considered to be a hate crime. Or if you belong to a "hate" group and showed abusive behavior against another because of these reasons, then that could be a hate crime.
2006-12-28 21:50:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋
This is a great question because it shows just how arbitrary "hate" status is to a crime.
In general, I'd say no. But I bet the DA would try you for a hate crime and YOU would be responsible to explain why it was not a hate crime and simply a "regular" crime.
2006-12-28 19:01:44 · answer #6 · answered by mmcall 2 · 0⤊ 0⤋
No, the state must show that your motivation was their race or sexual orientation: that your purpose in committing the assault was to harm someone of a race or sexual orientation that you dislike.
2006-12-28 18:56:09 · answer #7 · answered by Angry Daisy 4 · 1⤊ 0⤋
People out of the blue get beat up every day. Whether your black, blue, white, red, or whatever. So yes, anyone who gets beat up out of the blue should be called a "hate crime."
2006-12-28 19:08:21 · answer #8 · answered by kallmetigger 4 · 0⤊ 0⤋
To beat anyone up is a sign of hatred. I mean you don't beat/assault anyone you love, like, respect,
Everything today is about race, color and I'm sick of it. people
are people, who cares what color or race they are.
So in order to get yourself out of an assault charge you absolutely
need to cry hate, discrimination or something to that effect.
Please let's stop this foolishness, in God's eyes we are all equal.
2006-12-28 19:03:04 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It depends on how good a lawyer they have versus your lawyer... It's all a matter of semantics... Of course if you say racist slurs or sexists slurs during the assault, then they have more ammo against you.
2006-12-28 18:55:16 · answer #10 · answered by Anonymous · 0⤊ 1⤋