Quote:
Originally Posted by piece-itpete
So, if a bunch of black kids get whitey - on a whim - it's an additional crime, even though there is no malice aforethought? Or does having racist tendencies constitute conspiracy?
What if me and bunch of guys jump an Irish guy because he's wearing a green hat, but in court I mention my 1/8 Irish heritage? Simple assault?
What if I hit myself in the head because my drunken Czech side has a problem with my drunken English side?
Bitter! No, Lager! I'll show you limey!! 
Pete |
Hate to spoil the fun, but being a member of another race is not enough. The proof requires that the member of the other race was targeted for the crime because of the race. If you punch someone because his dog dumped on your yard, it doesn't matter what the race is. It's still an assault, but not a hate crime. Now if you say, "you f'ing n***," while you punch him, it might be evidence of a hate crime, but the question of motivation would ultimately be for the jury.
Regards,
D-Ray