Discussion » Questions » Legal » Are all hate crimes causing death considered to be premeditated and therefore murder? What's the diff if any and why?

Are all hate crimes causing death considered to be premeditated and therefore murder? What's the diff if any and why?

Posted - November 29, 2016

Responses


  • 17620
    No
      November 29, 2016 11:11 AM MST
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  • 7795
    You just answered your own question. As to why. I haven't the energy to explain why. This post was edited by Zack at November 29, 2016 11:12 AM MST
      November 29, 2016 11:12 AM MST
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  • 113301
    No worries. Old School provided me with a very helpful, thoughtful, useful and informative answer. Contrary to  your belief I did not answer my own question. Old School did. Why you thought I did I do not know. I have no clue. Happy Wednesday to you.
      November 30, 2016 7:22 AM MST
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  • 3934
    There is an unfortunate cognitive construct floating around our understanding of the issue of hate crimes.

    People have heard the rhetorical question, "Aren't all crimes hate crimes?" and linked that question to ruminations where they've considered "Gee, the only people I've ever wanted to commit violence/a crime against are people I hated (even if only in the moment)." Hence, they grant the notion "All crimes are hate crimes" creedence it does not deserve.

    In fact, most crimes are committed with a sense of indifference to the victim. A person desperate for drug money for a fix doesn't rob the liquor store because he hates the liquor store owner. He does so because he DOESN'T CARE about the liquor store owner and is putting his own needs ahead of that of the liquor store owner. The examples are legion.

    Now, to answer your question more specifically, what differentiates a hate crime from any other crime is the intent of the perpetrator.

    If Joe shoots his Lower Elbonian neighbor, that's murder.

    If Joe shoots his Lower Elbonian neighbor BECAUSE he hates all Lower Elbonians, that's murder and it MIGHT be a hate crime if the prosecution could prove hatred of Lower Elbonians was the motivation.

    If Joe lynches his Lower Elbonian neighbor and hangs the neighbor by a tree branch in the neighbor's front yard with a sign saying, "Lower Elbonians, go home!", that's DEFINITELY a hate crime, because the purpose of the crime was not just to victimize the neighbor, but to intimidate other people who share a group identity with the crime victim.

    With respect to a death resulting from a hate crime that didn't have lethal intent behind it, I suspect the concept of felony murder applies.

    For example, if you go to rob a grocery store, wave a gun around, and the gun accidentally discharges killing someone, that's a murder as a consequence of committing another felony (robbing the store), even though you had NO intention of shooting anyone, hence it was not premeditated.

    Similarly, if I was to try to burn a cross on my Lower Elbonian neighbor's lawn (which IS a hate crime, not simple tresspassing and vandalism) and, in the process, my neighbor tries to put it out, catches fire, and burns to death, I would be charged with felony murder because my neighbor's death occurred as a consequence of the other felony (and hate crime) I committed. Again, that's NOT the same thing as premeditation.
      November 29, 2016 11:43 AM MST
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  • 113301
    I was specifically referring to those crimes that are officially and legally labeled"HATE" crimes. OS. Killing  gays. Killing Muslims. Killing people of color. Simply because they are whom they are and for no other reason. Mahalo for a very thoughtful, thorough and informative reply. I appreciate it! :)
      November 30, 2016 7:21 AM MST
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  • 3934

    @RosieG -- You're welcome.

    There was an extended discussion about this on Answerbag several years ago. As I recall, actual hate crime laws are written such that the INTENT of the perpetrator is the determing factor of whether a crime is a hate crime or not.

    So if Joe shoots his Lower Elbonian neighbor and admits to the police, "I hate Lower Elbonians, so I shot him," Joe will likely be prosecuted for committing a hate crime.

    In the absence of such a confession, however, one can only reasonably infer a hate crime was committed based upon the specific circumstances and nature of the crime.

      November 30, 2016 10:44 AM MST
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  • 113301
    I know honey. As you have told me many many many many many times "it's complicated"! What isn't? :(
      November 30, 2016 11:41 AM MST
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