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SpankMe

(2,957 posts)
Mon May 23, 2016, 02:43 PM May 2016

"Blue Lives Matter" Bill Making Attacks on Police Officers a Hate Crime Set to Pass in Louisiana

Source: gawker.com

Louisiana Governor John Bel Edwards is set to sign a bill into law that would classify any violent attack on police officers, firefighters, and EMS personnel a hate crime. According to The Root, the so-called Blue Lives Matter bill is the first of its kind.

Anti-Defamation League Regional Director Allison Padilla-Goodman pointed out that crimes against police officers are already aggressively prosecuted under Louisiana law: “The bill confuses the purpose of the Hate Crimes Act and weakens its impact by adding more categories of people, who are already better protected under other laws.”

Read more: http://gawker.com/blue-lives-matter-bill-making-attacks-on-police-offic-1778165084



The right wing nut fuckers rebel against hate crime charges for crimes against blacks and gays. Suddenly, they find some merit in hate crime classification.
31 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
"Blue Lives Matter" Bill Making Attacks on Police Officers a Hate Crime Set to Pass in Louisiana (Original Post) SpankMe May 2016 OP
That makes a mockery of real hate crimes. JimDandy May 2016 #1
Not if you kill a cop just because you hate cops moonbabygo May 2016 #22
And already fits well within preexisting hate-crime laws. LanternWaste May 2016 #25
Isn't it already against the law to kill a cop, or any other government worker? braddy May 2016 #2
Yes MosheFeingold May 2016 #11
I thought so, I wonder why they feel they need to make it a double law. braddy May 2016 #12
Everyone gets a ribbon. n/t MosheFeingold May 2016 #17
because they have re-defined "attack" behavior. dixiegrrrrl May 2016 #31
It's against the law to kill anyone moonbabygo May 2016 #18
My point?.......... What is your point? braddy May 2016 #19
It's against the law to kill anyone moonbabygo May 2016 #20
That's what I thought, thanks for clearing it up. braddy May 2016 #21
And I bet the biggest "anti-government" types will be its biggest supporters. arcane1 May 2016 #3
What's the point? jmowreader May 2016 #4
Hate crime laws are of questionable legality askeptic May 2016 #7
So you oppose Hate Crime laws? philosslayer May 2016 #14
This isn't the place for one jmowreader May 2016 #15
No disrespect intended to the FBI, but it's not their place to define a hate crime. Nor is that an 24601 May 2016 #23
They define them for the purpose of collecting statistics jmowreader May 2016 #29
I pretend asking what is a point is the same as opposing the un-defined point as well. LanternWaste May 2016 #26
I am pretty worried UnFettered May 2016 #5
You should be. People who are charged with resisting arrest, which in many cases is a bogus charge Chakab May 2016 #9
The real point is to give vicious white supremacists an excuse to further victimize their prey. raging moderate May 2016 #6
I would remove the police from the bill because they are doing a job where some people cstanleytech May 2016 #8
I'd remove the bill completely because uniformed government workers are not a protected class. Chakab May 2016 #10
I didnt say they were just that at the very least the police shouldnt be on that bill as its ripe cstanleytech May 2016 #13
I don't have a problem with hate crime laws... the_sly_pig May 2016 #16
so the definition of violent attack will be open for debate as if the men in blue were not far enuf dembotoz May 2016 #24
I think Jerad and Amanda Miller committed a hate crime in 2014 when they killed two police officers Agnosticsherbet May 2016 #27
After reading Runningdawg May 2016 #28
The piggies in blue are such fucking crybabies. Odin2005 May 2016 #30
 

LanternWaste

(37,748 posts)
25. And already fits well within preexisting hate-crime laws.
Tue May 24, 2016, 11:46 AM
May 2016

And already fits well within preexisting hate-crime laws.

dixiegrrrrl

(60,010 posts)
31. because they have re-defined "attack" behavior.
Wed May 25, 2016, 03:58 PM
May 2016

Now you will be charged with a hate crime if you hit a cop, even if you accidentally touch one.
It is designed to charge every one they arrest at a protest, where they wade in and start bashing people, then claim the person hit them.

Just like the videos you see of 6 cops on a guy who is unconscious and all the cops are yelling "stop resisting" over and over.

jmowreader

(50,557 posts)
4. What's the point?
Mon May 23, 2016, 03:11 PM
May 2016
http://law.justia.com/codes/louisiana/2006/146/78397.html

§30. First degree murder

A. First degree murder is the killing of a human being:

...

(2) When the offender has a specific intent to kill or to inflict great bodily harm upon a fireman, peace officer, or civilian employee of the Louisiana State Police Crime Laboratory or any other forensic laboratory engaged in the performance of his lawful duties, or when the specific intent to kill or to inflict great bodily harm is directly related to the victim's status as a fireman, peace officer, or civilian employee.

...

C. Whoever commits the crime of first degree murder shall be punished by death or life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence in accordance with the determination of the jury.


askeptic

(478 posts)
7. Hate crime laws are of questionable legality
Mon May 23, 2016, 03:50 PM
May 2016

Ascribing the reason (if it can be ascertained) as the crime itself. What nonsense. Max sentencing should occur when there was no good reason. Everything else should be mitigating. Oh well, Louisiana is just the state to have this happen in.

I see there were a total of 5 hate crimes prosecuted in 2011 - 3 for race and 2 for sexual orientation.

Meanwhile, in a more mainstream state like New Jersey we get this:

2015:

In a decision handed down in State v. Pomianek, the N.J. Supreme Court ruled that the part of the state's "bias intimidation" law allowing enhanced punishment if the victim of a crime believes the defendant acted with racial bias is unconstitutional because a defendant cannot know what a victim might believe or feel.

"The problem with hate crime laws, which this ruling makes clear, is that in order to crack down on hateful behavior, hateful thoughts and expression must also be targeted, which runs diametrically counter to the First Amendment's protections for free speech and expression," said constitutional attorney John W. Whitehead...

Brought by the Rutherford Institute, which was a surprise, since I don't often agree with their positions
2004
Georgia Court Strikes Down Law on Hate

ATLANTA, Oct. 25 - The Georgia Supreme Court unanimously struck down the state's four-year-old hate-crimes law on Monday, saying it was "unconstitutionally vague."

1992
Hate Crime Law Is Struck Down : Supreme Court: Justices rule that a Minnesota statute infringes on free speech by punishing those who burn crosses, paint swastikas or otherwise display bigotry.
June 23, 1992


jmowreader

(50,557 posts)
15. This isn't the place for one
Mon May 23, 2016, 05:14 PM
May 2016

Cop killing is always treated as a crime of the highest order, and if you do it you're almost guaranteed to find a gurney with your name on it, if you're in a death penalty state.

This is the FBI's definition of "hate crime."

A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. For the purposes of collecting statistics, the FBI has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” Hate itself is not a crime—and the FBI is mindful of protecting freedom of speech and other civil liberties.


"Police officer" is not a race, religion, disability, sexual orientation, ethnicity, gender or gender identity. Louisiana already classifies the killing of police officers and firefighters as first-degree murder. A lot of states call it "enhanced murder." The laws we have are more than sufficient to punish it.

24601

(3,961 posts)
23. No disrespect intended to the FBI, but it's not their place to define a hate crime. Nor is that an
Tue May 24, 2016, 09:05 AM
May 2016

Executive Branch power. Defining the elements of criminal statutes is the role of Congress and state legislatures. Then it is the role of the courts to determine if the law is constitutional or not.

The role of the FBI is to investigate based on the laws on the books, not to determine what the laws should be, or not.

jmowreader

(50,557 posts)
29. They define them for the purpose of collecting statistics
Tue May 24, 2016, 02:20 PM
May 2016

Hate crime laws are made by legislatures, and here is a list of them:

https://en.wikipedia.org/wiki/Hate_crime_laws_in_the_United_States

For instance, here's Idaho's:

18-7902. MALICIOUS HARASSMENT DEFINED -- PROHIBITED. It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person's race, color, religion, ancestry, or national origin, to:
(a) Cause physical injury to another person; or
(b) Damage, destroy, or deface any real or personal property of another person; or
(c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.
For purposes of this section, "deface" shall include, but not be limited to, cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.

Idaho doesn't have gender, gender identity or sexual preference in its law. If Idahoan A attacks Idahoan B because Idahoan B is a woman or gay, they won't be charged under 18-7902 (18-901, Assault, or 18-918, Domestic Violence, would apply in those cases.) but they WILL show up in the FBI's statistics.

 

LanternWaste

(37,748 posts)
26. I pretend asking what is a point is the same as opposing the un-defined point as well.
Tue May 24, 2016, 11:47 AM
May 2016

I pretend asking what is a point is the same as opposing the un-defined point as well. It prevents us from having to think rationally...

UnFettered

(79 posts)
5. I am pretty worried
Mon May 23, 2016, 03:38 PM
May 2016

about the potential abuse of this law. There are already stick laws on the books pertaining to police officers.

I suspect the governor will sign since he had a lot of support from the different sheriffs associations and police agencies during the past election.

 

Chakab

(1,727 posts)
9. You should be. People who are charged with resisting arrest, which in many cases is a bogus charge
Mon May 23, 2016, 04:19 PM
May 2016

used to justify a false arrest, will also find themselves charged with a hate crime.

This is totally absurd. People charged with crimes against uniformed public servants already receive harsher sentences than they otherwise would for the same offenses.

The entire purpose of this nonsensical bill is to stick it to people who protest police misconduct.

It's disgraceful that there are so many childish idiots holding elected office in the US.

Hopefully, it will be struck down by the federal courts sooner rather than later.

raging moderate

(4,304 posts)
6. The real point is to give vicious white supremacists an excuse to further victimize their prey.
Mon May 23, 2016, 03:43 PM
May 2016

And cackle more with each other about their triumph over the rest of us.

cstanleytech

(26,290 posts)
8. I would remove the police from the bill because they are doing a job where some people
Mon May 23, 2016, 04:12 PM
May 2016

do resist arrest and thus it would be easy for this law to be abused and misused by prosecutors.

cstanleytech

(26,290 posts)
13. I didnt say they were just that at the very least the police shouldnt be on that bill as its ripe
Mon May 23, 2016, 04:56 PM
May 2016

for potential abuse.

the_sly_pig

(741 posts)
16. I don't have a problem with hate crime laws...
Mon May 23, 2016, 05:17 PM
May 2016

The laws probably have little to do with prosecution and more with punishment. If it can be proven that a crime was committed where hate was a contributing factor, why not lengthen a sentence?

It doesn't matter if the class is blue, brown or rainbow. Harming someone for simply being who they are or what they do should probably be punished at a higher level. And with social media it would probably be pretty easy to confirm.

2 cent.

TSP

dembotoz

(16,802 posts)
24. so the definition of violent attack will be open for debate as if the men in blue were not far enuf
Tue May 24, 2016, 09:18 AM
May 2016

above the law.

another state not to visit

Agnosticsherbet

(11,619 posts)
27. I think Jerad and Amanda Miller committed a hate crime in 2014 when they killed two police officers
Tue May 24, 2016, 12:09 PM
May 2016

and a bystander in a shooting spree.

I would go so far as to say that anyone who attacks a police officer only because of the uniform he or she wears is committing a hate crime.

I disagree with a blanket law that could make resisting arrest, being drunk and disorderly, or just being stupid a hate crime.

Runningdawg

(4,516 posts)
28. After reading
Tue May 24, 2016, 02:14 PM
May 2016

the story of the little boy who was wrongfully arrested for his carton of milk in the school cafeteria - of course the officer added "resisting arrest" it the cherry on top. Now, if this law was in effect, this child would be charged with a hate crime. That gets him what 5-10 in the adult prison system? Americas for-profit prison shareholders are slobbering all over themselves.

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