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Three teens involved in vicious hate crime to be given probation

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Comments

  • Closed Accounts Posts: 1,207 ✭✭✭EazyD


    I really don't get why people are so eager to put teenagers in jail.

    What would you suggest then? Because it's quite evident the soft approach has no effect on scum like this.


  • Registered Users, Registered Users 2 Posts: 4,681 ✭✭✭bodice ripper


    EazyD wrote: »
    What would you suggest then? Because it's quite evident the soft approach has no effect on scum like this.


    How can it be evident if these particular people have no previous convictions?


  • Registered Users Posts: 1,430 ✭✭✭RWCNT


    The people who go on about this stupid "equality" concept are almost always in the majority group. It' all well and good talking about your wonderful impossible ideal of everyone being treated equally when you're not the one getting beat up outside The George for being gay or getting bottled for the color of your skin.

    Why in these sort of discussions do members of the majority group feel the need to jump in? It comes across very "BUT WHAT ABOUT MEEEEE". Quit crying, I have a headache from getting punched in the back of the head leaving the gay bar last night.
    *shakes head*

    It's not that I don't know where to begin...it's the fear I won't stop if I do begin.

    Please do because that poster is absolutely spot-on and I think you're trying to weasel out because you know they're cleverer than you.


  • Registered Users, Registered Users 2 Posts: 2,499 ✭✭✭Carlos Orange


    I really don't get why people are so eager to put teenagers in jail.

    I have a little more sympathy with the Helen Lovejoy argument.


  • Registered Users, Registered Users 2 Posts: 8,882 ✭✭✭SeanW


    Links234 wrote: »
    So you don't think motive matters at all? Manslaughter vs. premeditated murder for example?
    If did something horrible to me or someone I loved, I don't think I would care too much whether they did it for no reason vs. some kind of hate reason. I'd want them dealt with.

    Harshly.


  • Closed Accounts Posts: 6,362 ✭✭✭K4t


    Cuban Pete wrote: »
    A crime is not a crime.
    Under the law, a crime against a person should not be treated any differently in terms of sentencing simply because that person is part of a minority group (i.e. black or gay or religious or atheist etc.) An assault on a gay man or a black man should not result in more years for the guilty party because the victim is black or gay, or because the guilty party is homophobic or racist. A crime IS a crime.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    There should be some kind of pharmaceutical "kosh" that could be administered to these demons by order of the courts to keep them out of trouble until they are no longer a threat to the public.


  • Closed Accounts Posts: 156 ✭✭Cuban Pete


    K4t wrote: »
    Under the law, a crime against a person should not be treated any differently in terms of sentencing simply because that person is part of a minority group (i.e. black or gay or religious or atheist etc.) An assault on a gay man or a black man should not result in more years for the guilty party because the victim is black or gay, or because the guilty party is homophobic or racist. A crime IS a crime.

    Could you at least outline some kind of reasoning why?

    And to reiterate, no, a crime is not a crime. No more than manslaughter is murder, theft is robbery, or assault is sexual assault. We already differentiate between crimes, taking into account intent among other things.

    Why should this be different?


  • Registered Users, Registered Users 2 Posts: 19,564 ✭✭✭✭Tony EH


    The problem, though, is when manslaughter gets twisted by the prosecution into something like "hate" manslaughter, because the victim is a minority and the accused is white.

    On the other hand, it's extremely difficult to prove a "hate" crime, or to defend against the accusation for that matter. Often times, all there is to go on is the fact that one persons colour/race/creed was different to the others. But, in fact, may have absolutely no baring on the actual case at all.

    I think what K4T is saying is that the label of "hate crime" can become a dangerous appellation, to be misused by more unscrupulous among us or it may simply end up having an influence on a case where it shouldn't.

    BTW, "manslaughter", "murder (accidental and premeditated)", "assault", "sexual assault", etc are all differentiated by method.

    A "hate crime" is not a method. It's the supposed state of mind of the accused and that's a whole minefield right there.


  • Closed Accounts Posts: 542 ✭✭✭dont bother


    these little fat ugly pig-b!tches should be whipped, then whipped again, then killed.
    The fella who jumped on the dad, should be slowly lowered into a big pot of boiling oil and left there until he's dead too.

    This country is full of them.

    im not a hardman by any stretch - but, i know my own temper, and if anyone came at me like this, i would be the one in trouble because i'd have 4 corpses on my front lawn and a lot of explaining to do.

    dont give a sh!t if some of you think they're "kids"... they're not. 17 is not a child.


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  • Registered Users, Registered Users 2 Posts: 17,797 ✭✭✭✭hatrickpatrick


    bb1234567 wrote: »
    Stupid, we need to recognise certain crimes as hate crimes to determine increased risks that certain minorities have of being abused over the average person.

    I disagree simply because I regard it as an affront to justice if, all humans being equal, two people who are attacked in identical ways by identical assailants and sustaining identical injuries, will see their attackers face different levels of leniency simply based on their membership, or lack thereof, of an ethnic minority.


  • Registered Users, Registered Users 2 Posts: 17,797 ✭✭✭✭hatrickpatrick


    the judges hand are probably tied by the laws, he didn't make them, can only enforce them.

    Where does the law say that violent young offenders cannot be incarcerated for viciously violent crimes? :confused:

    Its unusual for women under 18 to be detained with only Oberstown the place of detention, the judge is not at fault , he must act under the Childrens Acts.

    So the law mandates gender discrimination with regard to the sentencing of youths? In combination with the disparity in the statutory rape law this would render our youth justice system an absolute disgrace in every way.


  • Registered Users Posts: 1,430 ✭✭✭RWCNT


    I disagree simply because I regard it as an affront to justice if, all humans being equal, two people who are attacked in identical ways by identical assailants and sustaining identical injuries, will see their attackers face different levels of leniency simply based on their membership, or lack thereof, of an ethnic minority.

    Are you a member of an ethnic minority?


  • Closed Accounts Posts: 13,925 ✭✭✭✭anncoates


    It's just the law being applied. They're kids with no previous convictions so it seems par for the course. The one with the cigarette and the young fella might yet get punished.

    Not making excuses for them obviously, I wouldn't mind taking a horse whip to the little cnuts.


  • Closed Accounts Posts: 156 ✭✭Cuban Pete


    I disagree simply because I regard it as an affront to justice if, all humans being equal, two people who are attacked in identical ways by identical assailants and sustaining identical injuries, will see their attackers face different levels of leniency simply based on their membership, or lack thereof, of an ethnic minority.

    Please tell me how you found this perfect world where all humans are equal.


  • Closed Accounts Posts: 4,116 ✭✭✭RDM_83 again


    How can it be evident if these particular people have no previous convictions?
    anncoates wrote: »
    It's just the law being applied. They're kids with no previous convictions so it seems par for the course. The one with the cigarette and the young fella might yet get punished.

    Not making excuses for them obviously, I wouldn't mind taking a horse whip to the little cnuts.

    Problem is that having no convictions as somebody underage in Ireland is a terrible way of knowing that they are not repetitively violent dangerous little sh^ts.
    Got stabbed years ago by a underage guy, that it was him that did it was indisputable (his initials were on his knife and he was lifted) but because he was under age and thankfully it was only a minor injury I received the guards didn;t pursue it. If he came to court again (and I am sure he would) none of this would come up.


  • Closed Accounts Posts: 3,292 ✭✭✭RecordStraight


    I dunno, the same judge is considering probation for a 17 year old that went on a rampage and smashed a load of windows on a train

    http://www.independent.ie/irish-news/courts/teenager-went-on-train-rampage-after-forcing-it-to-make-emergency-stop-court-told-31027953.html

    Maybe if so many people weren't being jailed for non-payment of fines etc there'd be space in prisons for violent scumbags like the above :rolleyes:
    So paying fines for breaking the law should be optional?

    FFS. :rolleyes:


  • Registered Users, Registered Users 2 Posts: 2,499 ✭✭✭Carlos Orange


    I dunno, the same judge is considering probation for a 17 year old that went on a rampage and smashed a load of windows on a train

    http://www.independent.ie/irish-news/courts/teenager-went-on-train-rampage-after-forcing-it-to-make-emergency-stop-court-told-31027953.html

    Maybe if so many people weren't being jailed for non-payment of fines etc there'd be space in prisons for violent scumbags like the above :rolleyes:

    "who had 21 prior criminal convictions" "previous conviction for public order, theft, robbery and criminal damage offences"

    I don't think jailing people for non payment of fines is the problem. The problem is judges thinking people might learn how to obey the law if only we give them their 22nd chance.


  • Registered Users Posts: 2 L.Quinn


    Amazingfun wrote: »

    The Daily Mail is an infinitely more fitting home for such rubbish, not the Guardian. Standards are slipping.


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  • Registered Users Posts: 529 ✭✭✭yoke


    there are 2 unrelated topics being discussed in this thread.

    the first is regarding general crime, and what can be done to combat it - imprisonment is deemed too expensive, so perhaps we need to look at removing some of society's "carrots" temporarily when someone breaks the law, as well as cheaper forms of punishmment.

    the second topic is that the state/society needs to recognise when it's own existence is under threat, and punish more severely when this is so. "hate crimes" are a threat to society - if you want to know where it leads, you can look at the Rwandan genocide of 1994. People basically started identifying themselves as "Hutu" or "Tutsi" and hacked each other to pieces. It doesn't need to be about ethnicity, or religion, or anything really - the wikipedia page on Hutu goes as far as to say "There is an ongoing debate as to whether the Hutu and Tutsi are really separate groups or not".

    "hate crimes" threaten to eventually divide society and destroy the state, if left unchecked, by creating a "them and us" mentality within society, and should be recognised and reacted to with this in mind. It is the same way that we try to punish murder with harsher sentences than manslaughter, or an accidental death.


    For those people who still don't get it - how come it's OK for a soldier to shoot an enemy soldier in wartime, even before the enemy soldier has committed a crime? hint: the state is reacting to a threat to it's existence


  • Registered Users, Registered Users 2 Posts: 2,499 ✭✭✭Carlos Orange


    Your solution to the possibility of an us and them mentality is to decide attacks on some classes of people deserve a more severe punishment?


  • Registered Users Posts: 529 ✭✭✭yoke


    No, my solution to the possibility of an us and them mentality is to decide that attacks which are motivated by specific things deserve more punishment.

    In fact, this isn't even "my" solution, this is already how the law behaves when it differentiates between murder and manslaughter. I'm just pointing it out.


  • Registered Users, Registered Users 2 Posts: 2,499 ✭✭✭Carlos Orange


    Pretty sure the difference between murder and manslaughter is planning not motivation.


  • Closed Accounts Posts: 6,362 ✭✭✭K4t


    yoke wrote: »
    No, my solution to the possibility of an us and them mentality is to decide that attacks which are motivated by specific things deserve more punishment.

    In fact, this isn't even "my" solution, this is already how the law behaves when it differentiates between murder and manslaughter. I'm just pointing it out.
    Hate crime legislation is a hypocrisy of epic proportions and your earlier comparisons to Rwandan genocide are laughable if you think they would in any way have been prevented by hate crime legislation. Hate crime legislation is the closest thing to thought crime we're potentially ever going to see in our life time.


  • Registered Users Posts: 529 ✭✭✭yoke


    psinno wrote: »
    Pretty sure the difference between murder and manslaughter is planning not motivation.

    Nope, according to the internet "Involuntary manslaughter is the unlawful killing of a human being without malice"


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  • Registered Users Posts: 529 ✭✭✭yoke


    K4t wrote: »
    Hate crime legislation is a hypocrisy of epic proportions and your earlier comparisons to Rwandan genocide are laughable if you think they would in any way have been prevented by hate crime legislation. Hate crime legislation is the closest thing to thought crime we're potentially ever going to see in our life time.

    To think that properly enforced hate crime legislation in Rwanda in the years before the genocide would not have helped at all is ridiculous and stupid.

    It is like saying that having "anti-burglary" laws does not result in less burglaries in society.

    Let's do away with the burglary laws here, and see if the nation is ravaged by a mass of burglaries within a few years or not? Of course burglary will become rampant, if it's not illegal.


  • Registered Users, Registered Users 2 Posts: 2,499 ✭✭✭Carlos Orange


    yoke wrote: »
    Nope, according to the internet "Involuntary manslaughter is the unlawful killing of a human being without malice"

    Laws vary a lot by jurisdiction but I'm not sure the definition of involuntary manslaughter in isolation is much of a help in explaining the difference between manslaughter and murder when there is such a thing as voluntary manslaughter.


  • Closed Accounts Posts: 6,362 ✭✭✭K4t


    Yeah, I don't want a guy who burgles my house facing more time in prison if I happen to be gay or black thanks. Hate crime education and awareness might have helped, legislation would not and does not.


  • Registered Users Posts: 529 ✭✭✭yoke


    psinno wrote: »
    Laws vary a lot by jurisdiction but I'm not sure the definition of involuntary manslaughter in isolation is much of a help in explaining the difference between manslaughter and murder when there is such a thing as voluntary manslaughter.

    But the point being made was that the penalty for killing a person "unintentionally" is different to killing a person intentionally, ie. that intent matters.


  • Registered Users Posts: 529 ✭✭✭yoke


    K4t wrote: »
    Yeah, I don't want a guy who burgles my house facing more time in prison if I happen to be gay or black thanks. Hate crime education and awareness might have helped, legislation would not and does not.

    And that is precisely why "burgling a house" isn't considered a "hate crime".


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  • Closed Accounts Posts: 6,362 ✭✭✭K4t


    yoke wrote: »
    And that is precisely why "burgling a house" isn't considered a "hate crime".
    Yet you felt the need to introduce it into your argument anyway.

    And why not by the way? If a gay or a black guy gets robbed by a white guy because they are gay or black, surely that could be viewed as hate crime in the same way as an assault would have been? They simply burgled the gay or black person out of hate rather than assaulting them out of hate. The hate crime legislation angle/crap still applies.


  • Registered Users Posts: 529 ✭✭✭yoke


    I introduced it as an unrelated subject (a thought exercise) which shows that properly enforced laws can and do have an effect.

    A burglary is not the same a a robbery. If a gay or a black guy gets robbed by a white guy because they are gay or black, then yes that is a hate crime.
    The key element here is a threat to society - if you somehow formed a big enough group who thought that, for example, "old people" should be treated differently and not allowed to live in some areas, and then you proceeded to systematically abuse "old people" who you came across in high enough numbers that it affected the behaviours of a lot of "old people" who heard about your behaviour, then the state has to take action to prevent this perceived polarisation occurring within it's own borders - the state has to protect itself - by penalising those responsible more heavily.
    It's kind of like how the state (when it's at war) penalises enemy soldiers extremely heavily (shoots them) just for being "in the wrong gang/army", because the gang/army has become a threat to it's own national security.


  • Registered Users, Registered Users 2 Posts: 2,499 ✭✭✭Carlos Orange


    yoke wrote: »
    But the point being made was that the penalty for killing a person "unintentionally" is different to killing a person intentionally, ie. that intent matters.

    Intent and motive are not the same thing.


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