Quote:
Originally Posted by BARK
But motivation is a fact that has to be proven in court unless you plan to argue completely circumstantial evidence.
To try a different vein. If you are attacked for being in the wrong neighborhood then gang stuff is probably why. If you are attacked because the guy was crazy then that differs. His punishment should reflect more need for counseling. Should it be a lesser punishment, I don't believe so, but the punishment should fit the Who, what, when, where, and WHY. MO, motive. They are legal terms. I still say a murder by an angry lover presents a threat only to the victim. A murder like Jasper Texas presents a threat to the victim and all those within his race. I feel they are different crimes.
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Motivation has to be established for suspected criminals. In order to prove he could have did it.
Is killing a man because of his skin color any worse than killing a man to take his wallet?
No, it is not. The fact is murder is murder, regardless of the motivation behind it. The motivation behind it should not add additional prison terms, or worse sentencing.
It is hypocrisy.
The Courts are set up to prosecute people who commited crimes. Not why they commited them. If I evade taxes for political reasons, the IRS and the courts do not give a shit if it's because im broke and cant pay or if im a tax protestor. They will still send me to prison.
If I spray paint a swastika on a sidewalk, or decide to spray paint a vulger picture of somekind, is not still simply vandalism? Should i not do my time in Jail and pay the fines, instead of going to prison for years because of the motivation behind it?
The Criminal Justice system is not supposed to punish motivation. It is there to punish crimes. Motivations play in Court cases to determine if someone commited the crime. If it was not that way, we would not need to pass hate crime legislation to punish,... Hate Crimes...
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