Is this a hate crime?

[Blotan Hunka]

I just came across this law for New York:

§240.31 Aggravated harassment in the first degree.

A person is guilty of aggravated harassment in the first degree when with intent to harass, annoy, threaten or alarm another person, because of a belief or perception regarding such person's race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation, regardless of whether the belief or perception is correct, he or she:

1. Damages premises primarily used for religious purposes, or acquired pursuant to section six of the religious corporation law and maintained for purposes of religious instruction, and the damage to the premises exceeds fifty dollars; or

2. Commits the crime of aggravated harassment in the second degree in the manner proscribed by the provisions of subdivision three of section 240.30 of this article and has been previously convicted of the crime of aggravated harassment in the second degree for the commission of conduct proscribed by the provisions of subdivision three of section 240.30 or he or she has been previously convicted of the crime of aggravated harassment in the first degree within the preceding ten years; or

3. Etches, paints, draws upon or otherwise places a swastika, commonly exhibited as the emblem of Nazi Germany, on any building or other real property, public or private, owned by any person, firm or corporation or any public agency or instrumentality, without express permission of the owner or operator of such building or real property; or

4. Sets on fire a cross in public view.

Aggravated harassment in the first degree is a class E felony.

So in NY this would probably be a "hate crime". If aggravated harassment is one of the enumerated offenses.

 

[Guardian]

Alright so there was a temple in New Jersey where the janitor found a bunch of encyclopedias in the parking lot laid out in the shape of a swastika. http://www.baristanet.com/2007/05/synagogue_gets_message_of_hate.php Looked like this: http://i227.photobucket.com/albums/dd131/_tootalltommy/swastika_headlineimage.jpg Is this a hate crime? I thought that for something to be a hate crime there had to be a crime. I DO NOT THINK THIS IS A GOOD THING!! but I can't say its a hate crime.

I think this country has gone crazy with this hate crime stuff. Now a days, you get in a fight, just a simple fight between two people and that could be consider a hate crime if one is a minority, how rediculous is that?

I would not consider this a hate crime, no individual(s) were caught, so what crime has taken place if you specifically clarity a crime with having a body to go with that crime, sort of like is it murder if no body is found, sometimes, but mostly not.

Just my view on things.

 

[Gordon Nore]

I think this is the sort of activity that hate crimes legislation is perfect for. Essentially, it's a covert act of bullying -- property hasn't been defaced, only an implied threat has been made. I also don't have a problem with charging someone with promoting hate against member of a group.

However, I am uncomfortable with the idea that a murder, for instance, can be deemed a hate crime. Hatred of the group that the victim belongs to may indeed be a factor, one worth discussing in court; however, a murder is a murder. I don't believe that there are special murders. The fact that such a crime is motivated by hate may make it more distressing to the victim's family and the community. In the eyes of the law, it should be treated for what it is.

 

[CanuckMA]

I think this is the sort of activity that hate crimes legislation is perfect for. Essentially, it's a covert act of bullying -- property hasn't been defaced, only an implied threat has been made. I also don't have a problem with charging someone with promoting hate against member of a group.

However, I am uncomfortable with the idea that a murder, for instance, can be deemed a hate crime. Hatred of the group that the victim belongs to may indeed be a factor, one worth discussing in court; however, a murder is a murder. I don't believe that there are special murders. The fact that such a crime is motivated by hate may make it more distressing to the victim's family and the community. In the eyes of the law, it should be treated for what it is.

But the circumstances surrouding the killing of another person, as well as the motive is always taken into account. If the sole reason for the murder is because of the victim's race, religion, sex it becomes a hate crime because that is the motive.

 

[Doc_Jude]

But the circumstances surrouding the killing of another person, as well as the motive is always taken into account. If the sole reason for the murder is because of the victim's race, religion, sex it becomes a hate crime because that is the motive.

There ya go.

But... it has to be proven...

 

[Doc_Jude]

Also, the Swastika doesn't mean "Nazi". "Swastika" or Svastika comes the Sanskrit word svasti, meaning good fortune, luck and well being.
There are very specific reasons why Hitler used this ancient symbol, or rather, a perversion of it.

There's a difference between this....

...and this.

 

[Kacey]

Also, the Swastika doesn't mean "Nazi". "Swastika" or Svastika comes the Sanskrit word svasti, meaning good fortune, luck and well being.
There are very specific reasons why Hitler used this ancient symbol, or rather, a perversion of it.

There's a difference between this....

...and this.

While it is, historically, true that the swastika was originally based on the svasti, I seriously doubt that the person(s) who placed the encyclopedias in the temple's parking lot intended to wish the members of the congregation good luck.

Having been in the receiving end of a hate crime, I see no purpose in trying to excuse those who commit them.

 

[Doc_Jude]

While it is, historically, true that the swastika was originally based on the svasti, I seriously doubt that the person(s) who placed the encyclopedias in the temple's parking lot intended to wish the members of the congregation good luck.

Having been in the receiving end of a hate crime, I see no purpose in trying to excuse those who commit them.

Absolutely True. Hate Crimes are both totally ignorant and reprehensible.

Though, encyclopedias... that is kinda weird.

 

[Gordon Nore]

But the circumstances surrouding the killing of another person, as well as the motive is always taken into account. If the sole reason for the murder is because of the victim's race, religion, sex it becomes a hate crime because that is the motive.

Agreed. However, should the crime be tried or the perpetrator be punished differently. Is hatred of a group, as a motive, different from hatred of the individual in a murder trial?

 

[CanuckMA]

Agreed. However, should the crime be tried or the perpetrator be punished differently. Is hatred of a group, as a motive, different from hatred of the individual in a murder trial?

Yes it should be. How many murdrs are essentially random? A murder falling under the hate crime category is the murder of a random person simply because of race, color, religion, etc. It is very disturbing in a society and should be punished accordingly.