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- Path: sparky!uunet!spool.mu.edu!agate!boulder!csn!copper!mercury.cair.du.edu!mnemosyne.cs.du.edu!nyx!smorine
- From: smorine@nyx.cs.du.edu (Suzanne Morine)
- Newsgroups: co.politics
- Subject: Re: What is a "hate crime"?
- Message-ID: <1993Jan21.233838.14263@mnemosyne.cs.du.edu>
- Date: 21 Jan 93 23:38:38 GMT
- References: <1993Jan6.234843.5256@ncar.ucar.edu> <1993Jan8.062734.3142@ucsu.Colorado.EDU> <1993Jan20.053259.11480@mnemosyne.cs.du.edu> <1993Jan20.232557.26992@ucsu.Colorado.EDU>
- Sender: usenet@mnemosyne.cs.du.edu (netnews admin account)
- Distribution: co
- Organization: University of Denver, Dept. of Math & Comp. Sci.
- Lines: 36
-
- fcrary@ucsu.Colorado.EDU (Frank Crary) writes:
-
- >In article <1993Jan20.053259.11480@mnemosyne.cs.du.edu> smorine@nyx.cs.du.edu (Suzanne Morine) writes:
- >>...I can imagine
- >>a murder in self defense, where the person could have shot the attacker
- >>in the shoulder or abdomen but chose to kill instead. I imagine that
- >>the court would consider the situation, such as panic and the person's
- >>background.
-
- >Actually, in the "fighting words" case, the accused's testimony doesn't
- >matter: If the words provoked a violent reaction, they are
- >"fighting words." It doesn't matter if the accused didn't _intend_
- >to provoke anyone: All these laws require is one person to say,
- >"I found that so offensive, I couldn't stop myself from hitting him."
- >A better, although in my opinion still imperfect, standard
- >(adopted by the California court ruling I mentioned above) which
- >works both for your "fighting words" and self-defence killing
- >example, is the "reasonable man" doctorine: Would a "reasonable
- >man" (or, in practice, the hopefully reasonable jury...) consider
- >statement "fighting words" or the self-defence justified under
- >the circumstances. While that's still subject to the jury's
- >biases, it is still better than some of the current "fighting
- >words" laws, where "fighting words" is defined solely by the
- >accuser's personal opinion.
-
- Definately: letting the fighter determine completely what constitutes
- "fighting words" is too open to abuse by fighters.
-
- The "reasonable man" doctrine sounds reasonable to me, especially
- if the opinions/perspectives of the people involved were considered.
-
- --
- --Suzanne Morine smorine@nyx.cs.du.edu
- --"It is wonderful how much time good people spend fighting the devil. If
- --they would only expend the same amount of energy loving their fellow men,
- --the devil would die in his own tracks of ennui." Helen Keller
-