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- Comments: Gated by NETNEWS@AUVM.AMERICAN.EDU
- Path: sparky!uunet!paladin.american.edu!auvm!SAIL.STANFORD.EDU!ANDY
- Message-ID: <9212310112.AA17225@SAIL.Stanford.EDU>
- Newsgroups: bit.listserv.politics
- Date: Wed, 30 Dec 1992 17:12:20 -0800
- Sender: Forum for the Discussion of Politics <POLITICS@UCF1VM.BITNET>
- From: Andy Freeman <andy@SAIL.STANFORD.EDU>
- Subject: Re: Hateful Penalties, some more
- Lines: 66
-
- >>>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.
-
- I was asking for "good" reasons. "Bad" reasons aren't all that
- interesting, even if they are offered by Jamie to keep things moving.
- We can argue about how much "good" reasons that weren't a factor
- matter.
-
- >Not everything that is bad is unconstitutional.
-
- Quite right, but the genie is out of the bottle.
-
- >But many, most, policies that violate individual rights
- >*are* unconstitutional.
-
- That seems either circular or wrong (since the 9th and 10th are dead).
- If we go with the "the only rights protected are those explicitly
- listed or found in some penumbra" theory that is currently popular,
- there are plenty of rights that can be violated without running into
- constitutional problems.
-
- >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.)
-
- The verb tense is wrong. Rasputin, like the US, WAS blessed with an
- unusually strong constitution; things have changed.
-
- >>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.
-
- But, "calculation" doesn't imply that they're considering death as a
- possibility. A secret law can't have much deterrence effect, and the
- legal consequences of an unconsidered possibility work basically the
- same way.
-
- >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.
-
- History certainly matters for some goals, namely "prevent harm"
- because we know that trends tend to continue. (If someone repeatedly
- bashes others "in the heat of passion", we've got to do something
- about THEIR passion because other people manage to be passionate
- without bashing anyone.) It also calls into question a "I didn't know
- what I was doing" argument.
-
- -andy
-