What the Hell is Bias Intimidation?

[Ben]

I kinda sorta remember this story when it first happened. I didn't remember the charge - "bias intimidation". It does not sound anywhere near serious enough for what happened. From what I understand, the victim has been lying in a bed for six months - up until the time he died. How was this not an attempted manslaughter or murder in one degree or another from the beginning? It should definitely be murder now, IMO. If the bashing him on the head wasn't premeditated, the running him over part sure was.

https://www.foxnews.com/us/photographer-dies-6-months-after-taking-beating-in-alleged-racial-attack-prosecutors

[T.O.M.]

I kinda sorta remember this story when it first happened. I didn't remember the charge - "bias intimidation". It does not sound anywhere near serious enough for what happened. From what I understand, the victim has been lying in a bed for six months - up until the time he died. How was this not an attempted manslaughter or murder in one degree or another from the beginning? It should definitely be murder now, IMO. If the bashing him on the head wasn't premeditated, the running him over part sure was.

https://www.foxnews.com/us/photographer-dies-6-months-after-taking-beating-in-alleged-racial-attack-prosecutors

From the linked story...

"Hubbard is also charged with attempted murder in the first degree, armed robbery in the first degree, possession of a weapon for an unlawful purpose and theft of a movable property."

[zxcvbob]

From the comments (I know that's a terrible source), "bias intimidation" is what New Jersey calls "hate crimes".  I still don't know why hate crimes exist in a legal sense.  If something is a crime, it's a crime.  The motivation for it shouldn't matter.

[Perd Hapley]

From the comments (I know that's a terrible source), "bias intimidation" is what New Jersey calls "hate crimes".  I still don't know why hate crimes exist in a legal sense.  If something is a crime, it's a crime.  The motivation for it shouldn't matter.

I think you meant to say the motivation for the crime should be protected by the principle of rights of conscience. Of course, that was something that mattered to the Founders, so it must be completely ignored today. Freedom of religion is bigotry, etc.

[makattak]

I honestly don't care why you unlawfully* killed someone. I don't care if you hated his skin color, his style of speech, his car, his attitude, his beliefs, or if you had no hate but he was just an impediment to your plans. "It's just business!"

What matters is your killed someone and barring one cited legitimate motivation, you ought to be punished accordingly.

Of course, part of the reason people start caring about WHY you killed someone is because we don't punish people who murder someone appropriately, so they want to make some murders worse than others.







*I have to stipulate that as ONE motive for killing someone makes it lawful: "I was in (legitimate) fear of my life and well being or the life and well-being of others".

[MechAg94]

The motivation for murder does come into play for determining which type of murder charge applies, but it shouldn't be a crime separate from the criminal act.