[quote name='RollingSkull']The same could be said for any prankster and his victim. I don't see why this instance means more for a Muslim than for ANY other potential target of a prankster. Any target of the prankster could makes some prejudiced judgement about people like that prankster. Why does the burden fall heavier on the administration to punish more severely if the prankster is white and the victims are a specific victim group? I'm not saying the kid shouldn't have been punished, but it isn't like he slipped pork into their meals. He threw it down in a bag on the table.[/quote]
It's different because minorities require more protection than majorities just by virtue of the fact that they're a minority, especially such an extreme minority as those Somali kids in a town that's 96% white.
An example: If you were to go to a country in the Middle East that was majority Middle Eastern Muslim and slam down a ham sandwich they'd probably laugh at you (provided you didn't pick some violent fundamentalists...).
They have the security in knowing that they are the majority. Everyone else is like them and agrees with them. The Somali students don't have that security by default, it has to be shown to them.
[quote name='RollingSkull'] But what it should be doing is not what it is actually doing. An action counts as a hate crime if, through subjective judgement, race is defined as a motivating factor, which puts the onus on the defense to disprove motive (Something evaluated subjectively enough that the humor I take from the nigger word censor could be enough to prove motive should I later commit a crime against a black individual.), and gives litigious members of the specified victim groups a weapon that could be used maliciously.
I've never seen hate crimes phrased as specifically dealing with the nebulous concept of making groups dislike each other more. Maybe I'm a little slow, but that isn't a crime in and of itself.[/quote]
You don't throw out hate crime laws if people use them improperly though. You have to either make sure they're not used improperly or alter them to be as specific as possible. People sue too often, but that doesn't mean you take away their right to sue since it's quite often justified.
I'd have to know how often they're used improperly to know if it's really a problem. If I ever have the free time I'll look into it
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[quote name='RollingSkull']Only hate crimes phrase that treatment as a function of one's victim group status. Only hate crimes define out specific victim groups.[/quote]
And they're not worded so that they exclude the majority, it's just that people don't find it necessary to defend the majority like they do a minority group. Just as the 1st Amendment is used to protect speech, religion, etc. that is unpopular since it's unnecessary to defend something nobody cares about anyway.
It's different because minorities require more protection than majorities just by virtue of the fact that they're a minority, especially such an extreme minority as those Somali kids in a town that's 96% white.
An example: If you were to go to a country in the Middle East that was majority Middle Eastern Muslim and slam down a ham sandwich they'd probably laugh at you (provided you didn't pick some violent fundamentalists...).
They have the security in knowing that they are the majority. Everyone else is like them and agrees with them. The Somali students don't have that security by default, it has to be shown to them.
[quote name='RollingSkull'] But what it should be doing is not what it is actually doing. An action counts as a hate crime if, through subjective judgement, race is defined as a motivating factor, which puts the onus on the defense to disprove motive (Something evaluated subjectively enough that the humor I take from the nigger word censor could be enough to prove motive should I later commit a crime against a black individual.), and gives litigious members of the specified victim groups a weapon that could be used maliciously.
I've never seen hate crimes phrased as specifically dealing with the nebulous concept of making groups dislike each other more. Maybe I'm a little slow, but that isn't a crime in and of itself.[/quote]
You don't throw out hate crime laws if people use them improperly though. You have to either make sure they're not used improperly or alter them to be as specific as possible. People sue too often, but that doesn't mean you take away their right to sue since it's quite often justified.
I'd have to know how often they're used improperly to know if it's really a problem. If I ever have the free time I'll look into it
[quote name='RollingSkull']Only hate crimes phrase that treatment as a function of one's victim group status. Only hate crimes define out specific victim groups.[/quote]
And they're not worded so that they exclude the majority, it's just that people don't find it necessary to defend the majority like they do a minority group. Just as the 1st Amendment is used to protect speech, religion, etc. that is unpopular since it's unnecessary to defend something nobody cares about anyway.