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Old 10-29-2009, 03:52 PM   #1
Ghoulish Delight
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I should add that how much the victim or family suffered is somewhat irrelevant to the debate. Criminal justice isn't, and shouldn't be about retribution, or an attempt to assuage the hurt the victim/victim's family feels. This has been shown time and again with regards, specifically, to the death penalty. Very very very few people have, in the long run, said that once a killer is put to death, that they somehow feel vindicated or relieved.

Criminal justice should is about A) punishing the criminal and B) maintaining societal order. An argument can be made (I should mention here that I'm of two minds regarding hate crime legislation) that people who commit violent crimes based on bigoted motives are people who are more likely to commit another violent crime in the future. The thought being that, since their animosity is directed at an entire GROUP of people, rather than some individual grudge, they pose a larger threat and should therefore be kept out of society longer. It's not about making the victim feel better, it's about discouraging and preventing future incidents as much as possible.

I don't know that there's any evidence that such legislation is effective in that aim, but there is some logic there that I can follow, so I'm not ready to entirely dismiss it as a useful tool for long term dampening of the ugly bit of American culture that is literal gay bashing.
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Old 10-30-2009, 12:00 PM   #2
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GD said it best (of course ). The idea that "person A shot person B" is always the exact same crime and deserves the exact same punishment is absurd.

What if:

A = 4 year old with daddy's gun?

A = A senile 101 year old man?

A = A person who's killed before?

OR

B = A visibly pregnant woman?

B = A person who is pointing a gun at A?


Give me a break.

Another point that I would make is that statements in black and white look lovely on paper, but that human brains do not work that way. "Motive doesn't matter" just doesn't make sense in the world of human experience, as the already-in-place legal system bears out.


I'm reminded of the "is it ok to steal medicine to make your loved one well" test they give children and teens to show that there is a gray area in good/bad and punishment that people grow to understand as they mature.
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Old 10-30-2009, 01:14 PM   #3
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Motive does matter-but saying it is "worse" for someone to kill because their victim was gay, than because their victim was a woman- is wrong. It creates a different class of victims-and the punishment should not be different due to that "class".
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Old 10-30-2009, 01:20 PM   #4
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Again, we already do that. It's "worse" to assault a child vs. assaulting an adult. It's "worse" to abuse an elderly infirmed person than a middle-aged person. There are countless laws that have been in effect, with little to no objection, for decades that delineate all kinds of different classes of people against whom a crime carries a stiffer punishment.

Argue all you want that this particular way to create a separate class won't accomplish anything benefiting society, but saying that creating different classes of victims is in and of itself wrong simply does not hold water considering our current justice system. So unless we're going to open up debate on all of those other laws meant to protect particular classes of people, it's not an argument that makes much sense.
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Old 10-30-2009, 01:26 PM   #5
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I thought this was the happy gay thread
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Old 10-30-2009, 02:27 PM   #6
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Just by way of completing a thought - employment laws, specifically laws concerning discriminatory hiring and firing practices, already create legal distinctions involving the very protected classes of people covered by hate crime legislation.
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Old 10-30-2009, 02:44 PM   #7
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I think that Mario Cantone is the gayest gay that has ever gayed TV. He was on The View this morning dressed as Peter Pan. No one was shocked.

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Old 10-30-2009, 02:53 PM   #8
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Quote:
Originally Posted by Gemini Cricket View Post
I think that Mario Cantone is the gayest gay that has ever gayed TV. He was on The View this morning dressed as Peter Pan. No one was shocked.

You shoulda seen his kids' show: "Steampipe Alley".
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Old 10-30-2009, 02:55 PM   #9
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Quote:
Originally Posted by mousepod View Post
You shoulda seen his kids' show: "Steampipe Alley".
I'm rolling on the floor here. I thought you wrote "Steampie Alley". I guess either name could have interesting connotations.
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Old 10-30-2009, 02:57 PM   #10
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I love Mario Cantone!! He's funny, talented, gorgeous, and openly gay. (as if he could hide that fact)

Did you see his Broadway show Laugh Whore? Screamingly funny! It was on Showtime a few years ago but alas, does not appear to have been released on DVD.

I saw him as Buzz in Love! Valor! Compassion! at the Geffen Playhouse years ago. He had (and presumably still has) a very nice ass. Yes, we got a good look at it.
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