Question by Savage serenity: Should the law consider the intent of criminals when crimes are committed?
I have heard a few arguments from people who believe that hate crimes should not exist. Let me clarify that ambiguous statement: these people who believe that hate crimes shouldn’t exist aren’t wishing or hoping for a perfect world, wherein people aren’t targets of unfair prejudice or animosity. They believe hate crimes should not exist in that they should be taken out of the legal system altogether, and that it may be dangerous to prosecute people for his or her state of mind when a crime is committed. They argue that crime is crime, and that people shouldn’t be jailed for their thoughts. I entirely agree that people should be able to think whatever they wish.
However, what about intent? The point of bringing up intent doesn’t have anything to do with what someone may think, it has to do with why they do something. Is that not important? Isn’t the reason for someone’s actions important? Obviously, the action itself, what actually happens, is more important than intentions- yes?
If you are opposed to ‘hate crime’ laws, would you also assert that killing is killing, when it comes to human beings? Should a man who accidentally shoots his best friend on a hunting trip receive the same sentence as a serial killer who rapes someone, tortures that person, then sadistically kills them?
The point I am trying to make is that intent should be taken into account when it comes to certain crimes. Perhaps not all crimes, but certain ones. Which ones? Anything felonious, such as rape, murder, and other capital crimes.
Agree? Disagree? State your opinion.
Best answer:
Answer by Studbolt X
It does! That’s why we have specific intent crimes and lesser included offenses.
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