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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!usc!howland.reston.ans.net!bogus.sura.net!darwin.sura.net!paladin.american.edu!auvm!BROWNVM.BITNET!PL436000
- Message-ID: <POLITICS%92123011300487@OHSTVMA.ACS.OHIO-STATE.EDU>
- Newsgroups: bit.listserv.politics
- Date: Wed, 30 Dec 1992 11:25:43 EST
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Jamie <PL436000@BROWNVM.BITNET>
- Subject: Hateful Penalties, some more
- Lines: 106
-
- From: Andy Freeman <andy@SAIL.STANFORD.EDU>
-
- >>>I'm trying to find out what goal the "hate crimes deserve more severe
- >>>sentences than other intentional acts" folks have.
-
- >>To punish more severely those crimes they think are more heinous.
-
- >Is this Jamie's goal, or just the goal he thinks that legislators
- >may have had? (As I remember, Jamie likes hate-crime enhancements.)
-
- I'd better clear this up.
-
- Actually, I don't see what difference it makes whether *I* like
- the hate speech enhancements or not. At least it doesn't matter
- to a real argument. It might matter to someone whose main
- goal is to try to convict my personal likes.
-
- But I will reveal my preferences anyway.
-
- I have not endorsed hate crime enhancements. However,
- I do not think they are unconstitutional, either.
-
- So, I think it would be a mistake for the Supreme Court
- to strike them down.
-
- Not everything that is bad is unconstitutional. I think a
- regressive income tax would be bad, but I don't think it
- would be unconstitutional.
-
- But many, most, policies that violate individual rights
- *are* unconstitutional. That's because, like Rasputin,
- the United States is blessed with an unusually strong
- constitution. (That's only by-the-way, but so is this
- whole explanation.)
-
- >"Heinous" = "hatefully or shockingly evil, abominable" according to my
- >Funk and Wagnalls. (That's an archaic generic term for reference
- >collection for you young'ns.)
-
- >What are we doing by punishing heinous crimes more severely other than
- >satisfying a thirst for revenge? (I note that capital punishment
- >isn't the hate-crime sentence enhancement under discussion, so maybe
- >there isn't a problem here.)
-
- It is general penal practice to punish more heinous crimes more
- severely. Unless that pervasive aspect of criminal justice
- is unconstitutional, no one can prove that a punishment
- is unconstitutional merely by showing that it punishes
- more heinous crimes more severely.
-
- But, as readers cannot help but recall, I have already said
- that I might be sympathetic to an argument against the
- Wisconsin enhancements based on the "cruel and unusual"
- clause. Since no such argument has been given, the Supreme
- Court won't consider it. (Well, they might, but not likely.)
-
- >Hmm. So maybe we need a supporter to tell us why they're good. Jamie
- >doesn't seem all that interested in doing so.
-
- Right. I'm not interested in telling you why they're good. I'm
- interested in telling you why they are not unconstitutional.
-
- >>I don't see why it matters whether the calculation AIMS
- >>at death or not.
-
- >Given Jamie's model, it matters because worrying about some costs and
- >benefits does not imply worrying about the relevant costs and
- >benefits. The criminally negligent may well be worrying about some
- >costs and benefits - how about some evidence showing that they're
- >worrying about the death costs and benefits?
-
- I'm not sure how you mean this.
- It doesn't matter whether they are "worrying" about the
- death costs and benefits. It matters whether they are
- worrying about the costs and benefits to themselves.
- Whether a punishment deters depends on whether potential
- criminals think about the costs and benefits to themselves
- in advance.
-
- [Somewhat confusing exchange deleted and postponed for another
- post.]
-
- >I don't think we should - that's why I don't use purple cow examples
- >like "crime of passion". (Reminder: "crime of passion" suggests that
- >an ordinary person suddenly snapped and commits a severe crime of
- >violence. It turns out that that doesn't happen, at least in the US.
- >The only people who "get mad and kill" have a history of previous
- >violent activity. Ordinary people, who don't have that history, don't
- >commit serious violence when they get mad. Lots of things are
- >possible, but only a few happen often enough to worry about.)
-
- First, I don't believe I used the expression "crime of passion,"
- so it isn't relevant what it suggests.
-
- Second, I don't see why it matters whether the criminal is
- an "ordinary person" or a "person with a history of
- criminal activity." What matters, it seems to me, is whether
- the criminal pre-meditated the crime, whether he thought
- about its consequences and esp. its consequences for HIM.
-
- My claim was that for criminals who DON'T think about their
- crimes in that way, deterrence doesn't make a whole lot of
- sense, and especially, trying to increase deterrence by
- increasing the penalty doesn't make much sense.
-
- Jamie
-