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Hate
Crimes
What amazes me is that the strongest
proponents for hate crime legislation are
the same people and organizations who
will be your most vociferous critics.  
These are the people who always want
everything both ways.  While blaming and
criticizing police officers for just about
anything you can imagine, they want to
use you as a tool for their social and
political agendas.

When you become a police officer, you'll
find out very quickly how selectively hate
crime laws are prosecuted.  Fortunately,
you won't see that much use of hate
crime statutes, because it's simply
impossible to quantify hate.

One need only look to history to see the
social devastation from the ultimate hate
crime...mass murder on scales of
thousands and millions.  Don't ever
forget that those hate crimes were
committed by governments...the
lawmakers.
Hate Crimes
Hate crimes are usually defined by race,
religion, sexual orientation, disability,
ethnicity, nationality, age, gender, gender
identity, or political affiliation.
Categories of Hate Crime Laws
1. Laws defining specific bias motivated
acts as distinct crimes.

2. Criminal penalty enhancement laws.

3. Laws creating a distinct civil cause of
action for hate crimes.

4. Laws requiring administrative agencies
to collect hate crime statistics.
"In the United States federal prosecution
is possible for hate crimes committed on
the basis of a person's race, color,
religion, or nation origin when engaging
in a federally protected activity. 45 states
and the District of Columbia have
statutes criminalizing various types of
hate crimes. 31 states and the District of
Columbia have statutes creating a civil
cause of action, in addition to the criminal
penalty, for similar acts. 27 states and
the District of Columbia have statutes
requiring the state to collect hate crime
statistics."
So much for the purity of law.  As a
police officer you're going to see a lot of
different motives for persons committing
crimes.  Not surprisingly, hate will be
among those motives in greater or lesser
degrees.

I don't know about you, but when I look
at the definitions of hate crimes, and the
categories of hate crime laws, it scares
the hell out of me.  Talk about double
edged swords.  When one considers the
fact that any crime committed is a hateful
act in varying degrees and that motive
has always been an aggravating or
mitigating consideration, where is the
need for additional legislation based on
something as subjective as hate.
"Fortunately, you won't see that
much use of hate crime statutes,
because it's simply impossible to
quantify hate." ~ Barry M. Baker
In case you're not already aware, a
person's motive for committing a crime is
not an element you need to identify or
prove in order to prosecute and convict a
person for the crime committed.  When
you think about this, you can see a
purity of American law which is often
overlooked or ignored.  How much
simpler and unbiased can it be than to
determine two things through factual,
provable evidence:  Was a crime
committed, and did the defendant
charged commit the crime?

Okay...it's fine that the law is pure, but
let's move back into the world of reality.  
A defendant's motive for committing a
crime has and always will be an important
element for you to identify.  Prosecutors,
judges and juries will always want to
know why the crime was committed.  

Motive is a double edged sword:  Motive
can be a mitigating circumstance or an
aggravating one.  Let's say a man, with
no prior criminal record, robs a bank.  
He'll probably want the jury to know that
the IRS has garnished 80% of his wages;
his house is about to go into foreclosure,
and his two ex-wives are suing him for
additional child support.  On the other
hand, if he robbed the bank solely to
fund a weekend of escapism and
debauchery in Atlantic City, the
prosecution will do its best to play on
that motive.
Copyright © 2017  Barry M. Baker  
CareerPoliceOfficer.com
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