(07-11-2009 10:10 AM)THE NC Herd Fan Wrote: (07-11-2009 08:45 AM)jh Wrote: http://www.opencongress.org/bill/111-h1913/text
Would someone please explain to me how this bill is a threat to our First Amendment rights? It's a remarkably short bill. Take the time & read it.
Quote:INVOLVING ACTUAL OR PERCEIVED
A law that is written so vague is open to judicial activism from judges such as Sotomayor. As I have said before there is no such thing as "Hate" crime, only Crime. You can pass a law to defer crime, but not hate. The criminal act itself is the only thing someone should be charged for. How would "perceived" be defined? A white person commits a crime against a black person so it most be a "hate" crime, a Straight person commits a crime against a homosexual so it must be a "hate" crime? The "perceived" portion is open to abuse from an activist prosecutor, or judge, and with the right jury could convict anyone that commits a crime against a "protected" individual based on "perception".
This goes right along with the "First Spousal Abuse Laws" that had to be dealt with ....
If a Husband came home and started Beating His Wife for NO REASON, and she FOUGHT BACK to protect her self and this WAS EVIDENT to a Complete Certainty of this and the Scene and from Witness Statements, you STILL Were Compelled to Arrest Both Husband and Wife and Charge them Both with Spousal Abuse.
The law was written to say YOU
SHALL ARREST both parties if both parties were involved in the altercation and the actual Law was so vague until is was laughable.
How can a Wife or a Husband NOT be involved if they are getting their Asses Whipped by their Spouse ??????
So here you have now effectively Doubled the Cases in the Courts, when you can Prove the Wife or Husband was the one Being Abused and the other was simply protecting them selves.
The Motto was to Arrest All Involved and let the Court Sort it out so as to Cover Asses (CYA as it were).
If this were a Street Fight and you could prove with that Same Measure of Certainty, that one Started the Altercation and one was simply Protecting them Selves, you had the Discretion to NOT to Arrest the Assaulted or Battered Party.
Now that is Screwed Up folks !!!!!
It was/is a sham and a shame .... I understand the Law is even more ignorant now than it was then - - Politicians NEVER LEARN and we keep taking it up the Gazoo.
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