Hate crimes are usually not solo charges. They’re add-ons to regular criminal violence. It’s similar to how selling drugs is a crime, but also selling drugs near a school is a separate charge. You would never be charged with selling drugs near a school but not charged for selling drugs.
If not intentially a minority and I get into a fight and I did not know they were gay, palestinian, jewish, or whatever. Can I still be charged with a hate crime? Or does one have to know first?
Submitted 3 days ago by Patnou@lemmy.world to [deleted]
Comments
yesman@lemmy.world 3 days ago
Yermaw@lemm.ee 3 days ago
You may still be depending on how the story is spun, but you shouldn’t be. Hate crimes are motivated by the prejudice
andrewta@lemmy.world 3 days ago
As others have said. No you shouldn’t be charged with a hate crime. You didn’t know they were gay.
But let’s be honest when do facts like that matter when it comes to prosecutors that just want a win in the court room. So they might just charge you with the hate crime and destroy your name publicly. Then ask if you’d like a plea deal before it goes further.
undefined@lemmy.hogru.ch 3 days ago
This is one of many reasons I just don’t get in fights to begin with.
Crashumbc@lemmy.world 3 days ago
[deleted]andrewta@lemmy.world 3 days ago
Or maybe it’s a hypothetical question
orbitz@lemmy.ca 3 days ago
Sometimes you may not have a choice with who fights you. I recall once in Calgary a few decided to try and fight our group and we just disengaged, but if they were adament about fighting there was little we could do. It was quite random and we’d were in our middle teens and don’t think we said anything first but it’s going back like 30 years so recollection is hazy. I think we were just walking around in the evening is all.
So people just are looking for a fight and maybe our disinterest curbed their desire but I have no doubt there are others who wouldn’t be curbed by that and just want to beat on people.
I do agree with the general sentiment but sometimes even if you do everything correctly the wrong outcome happens.
southsamurai@sh.itjust.works 3 days ago
The standard of proof to prosecute a hate crime is higher than that of assault and battery.
It isn’t impossible to have a hate crime tagged onto a fight, but if there’s no supporting evidence, chances are lower, and if there’s evidence the fight was about something else, lower still.
Like, if you’re yelling at the asshole about spilling your beer, and then it turns into a fight, you’d have to fuck up to have the hate charge added on. If you had a history of bigotry to whatever class that person is, or something along those lines.
I’m not saying you couldn’t run into a prosecutor with an axe to grind or whatever, but it is less common
Flax_vert@feddit.uk 3 days ago
If you get into a fight with someone and don’t know they are gay, palestinian or jewish, then it shouldn’t be possible to commit a hate crime in that scenario unless if it’s based on something else that you do know
KoboldCoterie@pawb.social 3 days ago
A hate crime is specifically crime that was motivated by hate for that group. Getting into a fight about something unrelated to that isn’t a hate crime, whether or not you knew they were a member of that group ahead of time.
Patnou@lemmy.world 3 days ago
Not nitpick but first of all great answer. no sarcasm. But if I go into a known nazi/skinhead bar and start fighting them because they are Nazi’s is that a hate crime? Even though their whole thing is hate, we fought a war against them, and are generally despised?
southsamurai@sh.itjust.works 3 days ago
Nazis are not a protected class yet.
LainTrain@lemmy.dbzer0.com 3 days ago
No, it’s not a protected characteristic because being a nazi isn’t innate.
yoevli@lemmy.world 3 days ago
Generally speaking, hate crimes are only applicable to crimes motivated by a hatred for an immutable trait. Social or political ideology isn’t immutable, so it wouldn’t be protected.