hate crimes weirdness

Charles Brown CharlesB at CNCL.ci.detroit.mi.us
Wed Mar 1 09:10:16 PST 2000

>>> <JKSCHW at aol.com> 03/01/00 11:41AM >>>
> There is also now a tendency to categorise as harmful those
> acts which persuade or encourage another to commit a harmful act. It is here
> that we see the expansion of the category of "hate crimes".

No, the law on incitement to unlawful activity has remained unchnaged since 1965 or so. Hate crimes are different, typically it is a matter of enhanced punishment for killing or beating someone because of race or sex or something like that. In fact Brandenburg, the Ohio case that governs the 1A law about incitement to unlwaful activity, was a Klan case, and the defendant's conviction was reversed because the incitement to take "revengance" was not specific or immanent.


CB: Justin is correct here. In the U.S., incitement to imminent , lawless action is the Brandenburg standard. The UN Convention standard on incitement to genocide is stricter than the U.S. standard, and such things as Nazi or KKK organization can be banned by it, even if lawless action is not imminent.

Also, solicitation is a crime of persuading or encouraging another to commit a crime. As is conspiracy. Solicitation to murder is a crime. Conspiracy to commit murder , wherein you don't commit the murder, but make an agreement with someone else that they pull the trigger , is a crime by you.


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