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 Twelve shot dead at US army base
Robert in Vienna
Posted: Nov 6 2009, 06:48 PM


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QUOTE (steve @ Nov 6 2009, 02:50 PM)
Curious, will he be charged with a hate crime or since only whites can commit hate crimes, he's not elligible, right?

Who cares?

He is guilty as hell because he killed twelve fellow servicemen. In a state where even a single murder like this might be punished by the death penalty. How much more severe can the penalty be because he did it as a hate crime?

Probably the prosecutor will make sure that the murder charges stick (plus the 30 or so attempted murders, don't forget all the injured servicemen) and forget about any small fry as long as it does not reinforce the main point.


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steve
Posted: Nov 6 2009, 08:53 PM


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QUOTE (Robert in Vienna @ Nov 6 2009, 06:48 PM)
QUOTE (steve @ Nov 6 2009, 02:50 PM)
Curious, will he be charged with a hate crime or since only whites can commit hate crimes, he's not elligible, right?

Who cares?

He is guilty as hell because he killed twelve fellow servicemen. In a state where even a single murder like this might be punished by the death penalty. How much more severe can the penalty be because he did it as a hate crime?

Probably the prosecutor will make sure that the murder charges stick (plus the 30 or so attempted murders, don't forget all the injured servicemen) and forget about any small fry as long as it does not reinforce the main point.

so why are there hate crime statutes if your answer is "who cares?

say if a christian attacked a gay bar, it should just be murder and not with a hate crime?

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Bob in Queensland
Posted: Nov 7 2009, 12:25 AM


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OT sidebar question:

Even though it was in Texas, do state laws apply to a crime committed by a military officer against military personnel on a military base?

I'm only 99% sure of this, but I believe that in the UK, the civilian police wouldn't get a look in and the investigation, trial and punishment would be handled by the army.

Or have I been watching too much NCIS?


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jens not jen
Posted: Nov 7 2009, 03:32 AM


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QUOTE (Bob in Queensland @ Nov 7 2009, 12:25 AM)
OT sidebar question:

Even though it was in Texas, do state laws apply to a crime committed by a military officer against military personnel on a military base?

I'm only 99% sure of this, but I believe that in the UK, the civilian police wouldn't get a look in and the investigation, trial and punishment would be handled by the army.

Or have I been watching too much NCIS?

this is going to be dealt within a military court


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Robert in Vienna
Posted: Nov 7 2009, 07:26 AM


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QUOTE (steve @ Nov 6 2009, 08:53 PM)
QUOTE (Robert in Vienna @ Nov 6 2009, 06:48 PM)
QUOTE (steve @ Nov 6 2009, 02:50 PM)
Curious, will he be charged with a hate crime or since only whites can commit hate crimes, he's not elligible, right?

Who cares?

He is guilty as hell because he killed twelve fellow servicemen. In a state where even a single murder like this might be punished by the death penalty. How much more severe can the penalty be because he did it as a hate crime?

Probably the prosecutor will make sure that the murder charges stick (plus the 30 or so attempted murders, don't forget all the injured servicemen) and forget about any small fry as long as it does not reinforce the main point.

so why are there hate crime statutes if your answer is "who cares?

say if a christian attacked a gay bar, it should just be murder and not with a hate crime?

The issue about hate crime is: It might lead to murder if not nipped in the bud.

Since he already killed during a shooting spree, the prosecution should and will focus on murder, not on hate crime. Except that they might use the label to rule out any mitigating circumstances.

This would apply IMHO to christians killing in a gay bar or killing abortion doctors, or pro choice activists killing a pastor as well.


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Julie
Posted: Nov 8 2009, 05:12 PM


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QUOTE (Bob in Queensland @ Nov 7 2009, 12:25 AM)
OT sidebar question:

Even though it was in Texas, do state laws apply to a crime committed by a military officer against military personnel on a military base?

I'm only 99% sure of this, but I believe that in the UK, the civilian police wouldn't get a look in and the investigation, trial and punishment would be handled by the army.

Or have I been watching too much NCIS?

The current investigation will determine if this will be tried in a military court or a civilian court. I was just listening to a General George Casey getting asked that question and that was his response.


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steve
Posted: Nov 8 2009, 07:56 PM


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QUOTE (Bob in Queensland @ Nov 7 2009, 12:25 AM)
OT sidebar question:

Even though it was in Texas, do state laws apply to a crime committed by a military officer against military personnel on a military base?

I'm only 99% sure of this, but I believe that in the UK, the civilian police wouldn't get a look in and the investigation, trial and punishment would be handled by the army.

Or have I been watching too much NCIS?

one of the victims was a civilian... I'm sure if there's no conviction under federal law, a state case can be presented if there's a different element involved, so no double jeopardy.
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