Posts Tagged ‘Attorney’

The Nature of Hate Crime Legislation

September 25th, 2022

Is the government justified in making an emotion illegal? Is it at all a creed of liberty that conscience should remain under the jurisdiction of the state,Guest Posting that what thoughts we are allowed to have should be chosen by politicians? There is no law more unjustified than this Hate Crime Law. Men have died in thousands of wars, defending themselves against tyranny and monarchy. After all these people have died, the government has now put a law enslaving the most precious, the absolutely most valuable right of every individual: to think for themselves. If a person is beaten and murdered, should the beliefs of the offender matter in their trial? If a person is beaten and murdered, do they suffer more because of the convictions of their offender? If a woman is robbed for the sake of profit from thief, and another woman is robbed for the sake of race from a Racist, do not both women suffer the same? You cannot battle emotions or opinions with crime legislation. One may argue that a Hate Crime is an action and not a thought; but it is already illegal to beat someone to death. Hate Crime Laws only make it illegal to beat someone to death because of their race. Hate Crime Laws enforce the mentality that the government has the right to weed out those they detest and those they hate. It is Totalitarianism and I for one cannot stand it.

The Hate Crime Laws target those with differing opinions, and enforces a stiffer penalty to those who commit crimes because of their beliefs. This is ludicrous. It is equally justifiable for a government to make Hispanic or African Crime Laws — that simply because someone is of one descent, when they commit a crime, the punishment is stiffer. Would it be justifiable if the government made a Woman Crime Law?; that, if a woman commits a crime, the punishment against her is harsher? Or what of an Islamic Crime Law, that Muslims will be punished harder when they commit a crime? Or we can institute Jew Crime Laws, where Jews suffer harsher penalties, or we can institute Disabled Crime Laws, where disabled people suffer harsher penalties, or we can institute Illiterate Crime Laws, where illiterate people suffer harsher penalites. All of these crimes would be unjust. The reasoning is this: no matter the color of a man’s skin, nor the gender of a person, nor their condition of education or physique, a crime is a crime, and cruelty is cruelty. If a black man beats a woman to death, it is just as much a crime and just as much an atrocity if a white man beats a woman to death. Similarly, if a punishment cannot be toughened because of one’s gender, ethnicity, or condition, how then can the punishment be toughened because of one’s opinion? The fact remains, whether a Racist or a non-Racist beats a woman to death, the same amount of damage is done, the same amount of suffering is caused. To say that the Racist should suffer a stiffer penalty because of his Racism is tantamount to saying that a black man should suffer a stiffer penalty because of his ethnicity, or that a woman should suffer a stiffer penalty because of her gender, or that a person confined to a wheelchair should suffer a stiffer penalty because of their condition. If a nation values freedom and liberty, then it is not illegal to be of any ethnicity, nor is it illegal to be of any gender, nor is it illegal to be disabled, and it certainly should not be illegal to hold an opinion. These laws, Hate Crime Laws or Jew Crime Laws or Woman Crime Laws, all break this code of liberty: they create a stiffer penalty to individuals who commit a crime, not because it had to do with the crime in even the slightest, but simply because of the offender’s background — this is a grave injustice.

Legalizing Crime

March 22nd, 2022

The state has a monopoly on behaviour usually deemed criminal. It murders, kidnaps, and locks up people. Sovereignty has come to be identified with the unbridled – and exclusive – exercise of violence. The emergence of modern international law has narrowed the field of permissible conduct. A sovereign can no longer commit genocide or ethnic cleansing with impunity, for instance.

Many acts – such as the waging of aggressive war, the mistreatment of minorities, the suppression of the freedom of association – hitherto sovereign privilege, have thankfully been criminalized. Many politicians, hitherto immune to international prosecution, are no longer so. Consider Yugoslavia’s Milosevic and Chile’s Pinochet.

But, the irony is that a similar trend of criminalization – within national legal systems – allows governments to oppress their citizenry to an extent previously unknown. Hitherto civil torts, permissible acts, and common behaviour patterns are routinely criminalized by legislators and regulators. Precious few are decriminalized.

Consider, for instance, the criminalization in the Economic Espionage Act (1996) of the misappropriation of trade secrets and the criminalization of the violation of copyrights in the Digital Millennium Copyright Act (2000) – both in the USA. These used to be civil torts. They still are in many countries. Drug use, common behaviour in England only 50 years ago – is now criminal. The list goes on.

Criminal laws pertaining to property have malignantly proliferated and pervaded every economic and private interaction. The result is a bewildering multitude of laws, regulations statutes, and acts.

The average Babylonian could have memorizes and assimilated the Hammurabic code 37 centuries ago – it was short, simple, and intuitively just.

English criminal law – partly applicable in many of its former colonies, such as India, Pakistan, Canada, and Australia – is a mishmash of overlapping and contradictory statutes – some of these hundreds of years old – and court decisions, collectively known as “case law”.

Despite the publishing of a Model Penal Code in 1962 by the American Law Institute, the criminal provisions of various states within the USA often conflict. The typical American can’t hope to get acquainted with even a negligible fraction of his country’s fiendishly complex and hopelessly brobdignagian criminal code. Such inevitable ignorance breeds criminal behaviour – sometimes inadvertently – and transforms many upright citizens into delinquents.

In the land of the free – the USA – close to 2 million adults are behind bars and another 4.5 million are on probation, most of them on drug charges. The costs of criminalization – both financial and social – are mind boggling. According to “The Economist”, America’s prison system cost it $54 billion a year – disregarding the price tag of law enforcement, the judiciary, lost product, and rehabilitation.

What constitutes a crime? A clear and consistent definition has yet to transpire.

There are five types of criminal behaviour: crimes against oneself, or “victimless crimes” (such as suicide, abortion, and the consumption of drugs), crimes against others (such as murder or mugging), crimes among consenting adults (such as incest, and in certain countries, homosexuality and euthanasia), crimes against collectives (such as treason, genocide, or ethnic cleansing), and crimes against the international community and world order (such as executing prisoners of war). The last two categories often overlap.