the racial aspect is deemed to be an aggravating feature of the offence, in the same way that an assault on for instance a nurse, traffic warden, or bus driver in the course of their work. If a burglar breaks into an empty building he would receive a lighter sentence than a dwelling house burglary where a single female occupant was present at the time even though the offence is the same
It does make a difference The judge can impose a longer maximum sentence for a racially motivated murder. 15 years normally, can be up to 30 years if racially motivated.
Do you think that Racism is something to be supported .. .. or do you think it is abhorent and shouldn't be encouraged or tolerated under any circumstances? If you think it is worthy of support, then Jay's argument is completely wrong. If you think otherwise, then why strengthen it's position by having seperate punishment scales because IMHO by doing so you just strengthen the hand of anyone who wants to use racism as a weapon against people in general. In law, we are all supposed to be equal, regardless of race, creed or colour, therefore it should be no less important, who ever is murdered.
I'll read rest of thread before replying in future! Although I've said that before so I'll probably just jump in again instead!
As far as I'm concerned Racism is an attitude held by f*ckwits and it's completely illogical. Just as illogical as a someone who thumps you in the pub for 'looking at my bird'. A racist could beat a black person to death. The lovely person in the pub could do the same to me. Why should that f*ckwit in the pub get a lesser sentence just because his crime wasn't racially motivated? His crime was as severe as the racist and he should serve the same time. I think it's ludicrous that he wouldn't. Actually Durkar, imagine it's someone else that gets killed rather than me. Don't want to tap in to that particular prejudice.
RE: Do you think that Racism is something to be supported .. ggrrrr we are. It's the reason behind the murder not the race of the victim who could be white black or yellow. A higher sentence isn't given just coz a white bloke has murdered a black bloke. It's given when the reason for the murder is because the bloke is black.
RE: Do you think that Racism is something to be supported .. but if someone is assaulted because they have a different skin colour does'nt the degree of dangerousness of the offender to a whole sub-strata of society warrant an extra tarrif
It's a good point, but Anyone who carries out an attack like the case above is a danger to us all. As, I believe, are the majority of violent murderers.
RE: As far as I'm concerned accepted ,you dont want to mix up mitigating factors with aggravating ones
RE: Answer that Dillinger boy see my previous 3000 posts. The tariff is affected by many things, racism is one and I agree it should be just as homophobia. mysogony etc should be.
So you believe I'm not talking about the law as it stands, just your beliefs. You believe that a bloke beating to death an innocent passer by, who he just took a disliking to, should receive a lesser sentence than a bloke who beats someone to death for racially motivated reasons? If so, why?
RE: Do you think that Racism is something to be supported .. So are you saying that if anyone commits a murder but can put forward a compelling reason for doing it, especially if it doesn't include the colour of their skin, that a lesser punishment would be likely. That doesn't sound right to me. Murder is murder as far as I'm concerned and one is no less punishable than another.
RE: Do you think that Racism is something to be supported .. my race is english so if i did a black englishman would i get a lesser sentance than if i did a white frenchman
RE: Do you think that Racism is something to be supported .. Theoretically, yes. I must say I found the sentencing for the Barking murder pretty disturbing: http://news.bbc.co.uk/1/hi/england/london/4463142.stm So because they racially attacked a white man, a black man and an Indian (joke, anyone?) it somehow wasn't a racist murder? Witcockart!
RE: Do you think that Racism is something to be supported .. If ,for arguments sake,the victim had been a paedophile who had abused your young child who had committed suicide because of it.You then wait for 10 years for him to come out of prison then you stab him to death in the street then ring the police to tell them you've done it.I would say its reasonable to give such a person a more lenient sentence than someone who chased a bloke through a park ,buried an ice axe into his head because he was black.They are both murderers
RE: So you believe He may not end up with a lesser sentence, it depends on all factors. Because prejudice isn't a good thing, it indicates an element of the crime being pre meditated. No doubt there's a political element to this.
RE: Do you think that Racism is something to be supported .. I would have every sympathy with the first person in your scenario but in actual fact, his is probably the worst crime of the two because he has been planning it for 10 years, whereas the second incident is simply mindless stupidity. However, I still believe that they warrant the same punishment. IMHO it should be the crime that is punished and not the reason for committing it.