There is no such thing as hate crime
GA Freeman and anti-statist atheist here to argue that there is no such thing as hate crime.
Please check out my website at www.gafreeman.com
For Background:
GA Freeman On Rights (
GA Freeman On Law (
My basic premise will be to work from the definitions and explain what crime is and what opinions are.
Crime is generally defined by Black’s Law dictionary as an act that the law makes punishable.
The law is defined by the regime that orders human activities and relations through systematic application of the force a politically organized society, or through social pressure, backed by force, in such a society.
A hate crime is defined by a crime motivated by the victims race, color, ethnicity, religion, or national origin.
Violent crime is defined as a crime that has as an element the use or attempted use, threatened use or substantial risk of the use of physical force against the person or property of another.
A non-legal opinion is defined as a person's thought, belief, or inference.
An opinion cannot be a crime.
Crime is generally defined in two ways one is based on legality, as a crime is considered violating the law, or a crime is physical in nature and is the destruction or removal in some way of private property that being the property of one's body or anything.
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1876&ChapterID=53
I present to you the Illinois criminal code which is a complete list of violent crime and physical offenses meaning the list of punishable crimes are our violations of a person's property or body. There is no designation of a crime here. The designation of hate crime only comes as an additive assessment. http://www.ilga.gov/legislation/ilcs/documents/072000050k12-7.1.htm this assessment only lays out the potential of adding a hate crime but gives no particular elements. Without elements there can be no crime. What are elements you ask, well let me give you the elements that apply to homicide:
a) A person who kills an individual without lawful justification commits first degree murder if, in performing the acts which cause the death:
(1) he either intends to kill or do great bodily harm
to that individual or another, or knows that such acts will cause death to that individual or another; or
(2) he knows that such acts create a strong
probability of death or great bodily harm to that individual or another; or
(3) he is attempting or committing a forcible felony
other than second degree murder.
Once one realizes that there is a difference between crime and hate crime and that there are no elements to hate crime except for claims of what are defined as hateful acts then you can understand that there is no such thing as a crime. There is violent crime, the threat of violent crime, injury, private property destruction, etc.
So let's do a quick review of a few videos:
I hope I have clearly demonstrated what crimes are. While I am opposed to government holding the monopoly on force and otherwise claiming that they have the right of law in their violence. I have attempted to demonstrate what crimes are simply. Physical violence or interference are crimes by definition and by example. If you perceive hate in those actions then the person may be an asshole or a piece of shit, a bigot or any other racist designation. However, once physical invasion has occurred in any sense, one's hatred does not matter. You can hate me as much as you want and I do not care and it does not affect my life in any way until the moment you initiate violence or aggression against me and then I have the right and duty to respond.
The nonaggression principle is the basis of all good human interaction and it simply means not initiating aggression. However, if one is aggressed against then all bets are off and it is the duty of the one who is aggress to against to respond in such a violent fashion that the aggression will end.
We can all hate each other and it doesn't matter but keep your fucking hands to yourself and we can live in a peaceful society.
Of course hate crime doesn't exist, but in a society where groups of people are hated for extremely stupid reasons, and are thus violently attacked, or just harassed for no reason other than being part of a group, it makes sense to pre-emptively guard against this.
I think we agree. My view of Preemptive action is simply be armed and take care of yourself. Also, I am arguing that crime is crime. If you are attacked the motive does not matter. If you are hit by a racist, it doesn't matter if he was racist, only that he hit you. Just enforce the laws or fight back violently individually.
Yeah, I agree.
But still, often time hate crime might be an apartment neighbor harassing their Muslim or gay neighbor or whatever, in non-violent, even "technically allowed" ways, but in ways that due to the way society is set up, still majorly inconveniences the person being harassed.
It gets worse when it might be tough for this person to find allies.
Interesting post, and very informative and comprehensive in its content. You make some valid legal points, but law must adapt to social development and expectations. Hate motivated crime is an evident reality. The legal system is adapting and responding to an ongoing process of social change, law is never in a state of frozen development.
Adaptive law is dangerous in my opinion based on what has happened culturally and legally recently. We see the police not responding to violent crime, even when it happens in front of them because they are told to stand down (or any other number of reasons including fear). This reflects adaptions that do not support common people. I argue, the laws on the books are enough. Just use and enforce them. If you are hit with a brick, it doesn't matter if the individual hitting you hates your preferences or origins, it only matters the action that he took in terms of hitting you with a brick. That is the punishable act, not their hatred of you for any reason.