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It never mentioned what the slurs were and if the shooter uttered any...
My question is what were the slurs because being called the dreaded 'F' word when you are not in fact a homosexual would seem to NOT be a hate crime...
It never mentioned what the slurs were and if the shooter uttered any...
Yes, it said that the shooter called the transgender woman a "fagg0t" before he shot her.
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My question is what were the slurs because being called the dreaded 'F' word when you are not in fact a homosexual would seem to NOT be a hate crime...
It's not simply a matter of being called "fagg0t". The hate crime charge kicks in if prosecutors believe the victim was attacked because of his or her sexual orientation, or any other protected status (race, religion, etc.).
Yes sorry I read your link and it made no mention of that...
But the problem arises that the reason that a bias crime is thought to have occurred is the use of the dreaded 'F' word...which is kind of odd since it doesn't necessarily apply to a transgender person.
If you call a person the dreaded 'F' word and assault them,is it a hate crime if the person is not actually gay???
Yes sorry I read your link and it made no mention of that...
This is directly from the news story:
"several witnesses said they heard DeLee refer to Green as a "fagg0t" just before Green was shot with a .22-caliber rifle while sitting in a parked car outside the party"
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But the problem arises that the reason that a bias crime is thought to have occurred is the use of the dreaded 'F' word...which is kind of odd since it doesn't necessarily apply to a transgender person.
I understand what you're saying, and of course, I don't know of any details other than what I've read, but the jury must have been convinced that the victim was attacked because of her sexuality.
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If you call a person the dreaded 'F' word and assault them,is it a hate crime if the person is not actually gay???
It would depend on the situation. If prosecutors believe that you attacked someone because of his sexual orientation (or religion, race, gender, disability, etc.), then yes, you can be charged with a hate crime, regardless of what words were used during the attack. The words used don't matter as much as the motivation behind the crime.
I was referring to your second link not the OP...sorry for the confusion.
It is just interesting to think that a person can be charged with a hate crime against a person when in fact that person doesn't even belong to the group being protected.
Also I think from reading the link that in NY a transgender person would not be protected by their laws....it was kind of a stretch but worked I guess.
The idea that anyone knows what is in another person's heart and directs their actions is a little odd to me....
I don't think the jury was totally convinced. Otherwise they would have convicted on murder as a hate crime. Instead they opted for the lower charge of manslaughter.
Take away the hate crime part and this is pretty clear cut second degree murder.
It is just interesting to think that a person can be charged with a hate crime against a person when in fact that person doesn't even belong to the group being protected.
Also I think from reading the link that in NY a transgender person would not be protected by their laws....it was kind of a stretch but worked I guess.
Prosecutors determined that she was threatened with slurs related to her sexuality and the jury must have agreed.
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The idea that anyone knows what is in another person's heart and directs their actions is a little odd to me....
I think it's similar to having circumstantial evidence of any crime. Sometimes there isn't direct evidence of a crime, but if there's enough circumstantial evidence, a jury can be convinced that someone is guilty.
"A jury on Friday convicted a man of manslaughter as a hate crime for killing a transgender woman he shot outside a house party last year."
"several witnesses said they heard DeLee refer to Green as a "fagg0t" just before Green was shot with a .22-caliber rifle while sitting in a parked car outside the party"
It seems like a hate crime from the article as no other reason was given for the crime. For example, if this transgendered woman allowed the perpetrator to get 'sexual' with him prior to her informing him of her status it might could be argued that this was not a hate crime. The perpetrator could well hate getting sexual with transsexual women without necessarily hating transsexual women. It would be much different if this woman was shot for no other reason than the fact that she is transsexual as is often the case. I would need to know more about this before I could say that it was a clear case of a hate crime.
Here is an example of someone who would most likely be more than happy to see a transsexual woman killed for no other reason than the fact that she was transsexual. I wonder who else is included in his category of those to hate. Maybe Mr. Nature could enlighten us and tell us who else needs to be killed. Perhaps those born with the sexual organs of both sexes and happen to identify as the wrong sex according to the Nature Man? Perhaps those with different religious beliefs? Perhaps anyone who is different? Everyone should be exactly like the Nature Man or they need to be killed. But the Nature Man is full of hate so if everyone was like the Nature Man everyone would be full of hate. I guess that would be a wonderful world according to the Nature Man.
I am not sure about this one; I have read other information that alluded to not knowing who said the "F" word; that said the sentence should maybe have been harsher, but overall justice seems to have been served....but hate was quite probably the motivating factor.
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