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Old 02-09-2006, 02:06 PM   #16
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Originally posted by yolland
I suppose whether or not that difference constitutes a separate level or category of crime depends on how relevant you see degree of effect on the victim as being to the definition of crime.
The structuring of a criminal justice system that takes into account the impact on the victim is a vast subject. We see glimpses in some aspects of our law - establishing broad principles for consistent application would be quite a task.
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Old 02-10-2006, 12:32 AM   #17
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Out of curiosity...what are some of these "glimpses" of taking that into account you refer to?

I am of course quite ignorant about the conceptual bases of American jurisprudence, which is why I was avoiding specifically advocating for hate crimes legislation one way or the other. But I am curious to know more. How would you describe the distinctiveness of "hate crime" as a concept, relative to the overall thrust of our criminal justice philosophy (which I take it you see as headed somewhere completely different)?
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Old 02-10-2006, 12:49 AM   #18
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We take victim impact testimony in penalty phases - particularly with death penalty cases. The degree to which a crime impacted a victim is a factor a jury can consider.
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