home *** CD-ROM | disk | FTP | other *** search
- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!gatech!europa.asd.contel.com!paladin.american.edu!auvm!BROWNVM.BITNET!PL436000
- Message-ID: <POLITICS%92122114002350@OHSTVMA.ACS.OHIO-STATE.EDU>
- Newsgroups: bit.listserv.politics
- Date: Mon, 21 Dec 1992 13:22:38 EST
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Jamie <PL436000@BROWNVM.BITNET>
- Subject: Convincing Kerry
- Lines: 130
-
- Ok, so now I'm supposed to persuade Kerry that *I*'m right and
- Joe is wrong. That should be easy. :-)
-
- From: JCOCURUL@DREW.DREW.EDU
-
- >>The legislature isn't directly punishing offensive thought. It has
- >>said that the same crime performed with one sort of intention is
- >>more odious than if performed absent that intention. That is
- >>precisely the distinction between (some) kinds of manslaughter.
-
- >Sure it is. That is what you just said -- the same crime performed is
- >more odious because of the intention of the criminal.
-
- Ok, if you want to call that "directly punishing offensive thought,"
- I won't argue.
-
- One thing that seems unclear to me is the distinction Joe wishes
- to draw between a belief and an intention.
- I always thought that an intention was a kind of belief. But if not,
- I still don't see why the distinction is an important one.
-
- >again for manslaughter it is intent, not the opinions of the killer.
-
- "Intent" IS a specific kind of opinion of the killer.
-
- > Again, aggravating factors can't be based on
- >subjective opinions/belief,
-
- I still don't get it.
- As I understand it, a "subjective" opinion/belief just means
- a belief/opinion that someone happens to hold. The intent
- to murder is a subjective opinion/belief in that sense.
-
- If I am not understanding what you mean, please correct me.
-
- >based on belief. Name a degree of manslaughter that is defined by the
- >opinion of the killer.
-
- That's easy.
- Suppose Bob walks up to Sophie and shoots three bullets into
- her head.
- Case 1: Bob believed that Sophie was already dead.
- Case 2: Bob believed that Sophie was sleeping or comatose.
-
- Case 1 is not murder (exactly what it is varies by state).
- Case 2 is murder. (Well, assuming that Sophie WAS alive,
- and was a person.)
-
- >I always thought rape was forced intercourse without consent.
-
- You were mistaken.
- But it's understandable. "Rape" does not have a constant
- legal definition.
-
- >yes, the state of mind of the rapist is relevant (i.e. did he think
- >she gave consent), but not that he was a sexist pig. His state of
- >mind can be used to show he was liable to rape, but it can't add to
- >the punishment of that rape if he raped for sexist or racist reasons.
- >Again mens rea is still an accepted concept, but it can't be used to
- >penalize belief!
-
- Joe, this simply makes no sense.
-
- You admit that the difference between a case that is rape
- and a case that isn't might be solely a matter of what
- the "rapist" believed. Then you say that mens rea cannot
- be used to penalize a belief.
-
- Mens rea means EXACTLY that what was going on in the criminal's
- mind can determine his guilt.
-
- >the opinion leads to a discriminatory act, it is that act which is
- >punished, not the opinion itself. You seem to think that I'm saying
- >that intent and belief never can be used by the courts, I'm not. Only
- >when it is the belief that is being penalized (here by enhanced
- >sentences) for itself is it not permissible. If the belief can be used
- >to prove an illegal act was done (ex. discriminatory hiring
- >decisions), it is permissible but a racist discriminatory hiring can't
- >be penalize more than discriminatory hiring based on say nepotism.
-
- ????????
-
- Look, we might have two cases in which the external behavior
- was identical. The ONLY difference was the beliefs, the state
- of mind, of the employer. But one case is a crime and the other
- is not. We agree that this is how discrimination law works.
-
- We also agree that in cases of homicide, we might have two
- cases in which the outward behavior is identical, but one case
- is a more serious crime than the other, because of the criminal's
- state of mind.
-
- I claim that the Wisconsin law is essentially similar to
- the second category. I do not understand why you disagree.
-
- >exactly: PC speech is there to insure groups aren't upset by language
- >used between them.
-
- You're kidding, right? You think that in the actual case in
- Wisconsin, the extra penalty is because someone was upset by
- language? A man was beaten.
- Do you think that the extra penalty for murder (as above
- manslaughter) is there to insure that groups will not be
- upset by beliefs???? Is it that some people are really
- offended by the idea that a man might TRY to kill someone,
- instead of just HAPPENING to kill them? Is THAT the reason
- murder is punished more severely than manslaughter?
-
- >You didn't examine the problem of finding out when a racist robber
- >robbed because of racism or because the nearest victim happened to be
- >the race he/she feels is inferior. This is where the chilling of free
- >speech and belief comes in a lot of the time.
-
- I don't know what you're asking me.
-
- Are you asking how courts will "find out"? I don't know. I suppose
- they would use essentially the same methods they always use to
- find out what was the state of mind of the killer in a homicide
- case.
-
- Or are you saying that the Wisconsin law will have a chilling
- effect? I would like to know what kinds of speech will be chilled.
- Are you worried that gangs of racist thugs who want to beat
- up a member of another race will be afraid to shout racist
- epithets while they are in the middle of the attack? THAT'S
- the chilling effect?
-
- Brrrr.
-
- Jamie
-