Friday, October 30, 2009

Maximos asks: On Hate Crimes, Help Me Out

If all crime, for reason of mens rea and the necessity of establishing intent, is - under one aspect - thought crime, and this new legislation, by intention and execution, will establish certain mental states as exacerbating factors in criminal cases, how then is the conservative critique, however ineptly articulated it may be by any one conservative, vitiated by Holbo's criticism? How, in other words, is this not a case of, "some thought crimes are more criminal than others?"

What am I missing?

1 comment:

primerica life insurance said...

The grounds of the hate legislation are totally twisted. To describe it, the only words to be used are: unconstitutional - here I mean the possibility to retry the defendants, a positive discrimination - by creating a new victim group by privileging the LGBT community, and difficulties concerning the evidence - because as you pointed out, it creates different types of mens rea considering the same crimes but varying according to the object. I really wouldn't want to be the one carrying a burden of proof here. Lorne