The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Monday, August 14, 2017

Is that quite it?

When is a crime a hate crime and when is it terrorism?

Terrorism:

The world has never really settled on standard definition of 'terrorism,' but the US Code of Federal Regulations defines it as "the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives."

But it needs to be clear that it is terrorism only if it is intended by the perpetrator(s) that the intimidation or coercion resulting from the force or violence move some organization, some segment of the population, or members of some segment of a population to do something, or not do something, where it is the doing or not doing that serves the agenda.

The 2004 Madrid train bombings were aimed at getting Spain out of the Iraq War.

Attacks on abortion clinics are generally aimed at getting providers to stop providing or abortion seekers to stop seeking, or both.

It may also be intended to terrorize communities into opposing the presence of such clinics out of fear for public safety.

The demonstrations in Charlottesville by the racists were intended to defend and advance the causes of white racism and white supremacy in a variety of ways, and their violence was intended to discourage and retard the agendas of their opponents.

That includes not only the fights with sticks and bats but the car killing of Heather Heyer.

Hate crime:

The FBI says a crime becomes a hate crime when there's an added element of bias. 

For example, if the victim was killed because of his or her race, religion or sexual orientation.

"Hate crimes are different from other crimes. They strike at the heart of one's identity," former FBI Director James Comey said in a speech at the Anti-Defamation League National Leadership Summit in 2014. 

"They strike at our sense of self, our sense of belonging. The end result is loss: loss of trust, loss of dignity and, in the worst case, loss of life."

While often true, none of that is really necessary, though owing to wording a hate crime law may forbid hate crimes only against persons on account of their supposed possession of certain specific traits.

It may criminalize hate crimes on account of race, sexual orientation, or religion, for example, while omitting to criminalize hatred on account of sex, national origin, or other characteristics.

They're motivated by bias, said David Stacy, government affairs director of the Human Rights Campaign.

"In a hate crime, the victim is targeted because of his characteristics," Stacy said. 

"These are bias-motivated crimes, and often they are much more violent than traditional crimes."

It could be any characteristic.

It is only necessary that the motive be hatred of all who share the characteristic.

Usually, they are crimes of violence but, in principle, any crime could be a hate crime.

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