• just_another_person@lemmy.world
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    16 days ago

    You’re making idiotic logic jumps just justify your puny view of the law. Let me make child-like in its simplicity so you can grasp these concepts:

    • Hate Crime = Crime
    • Vandalism = Crime
    • Free Speech = Not Crime

    Vandalism + Free Speech != Hate Crime

    Because you foolishly follow all the idiotic things Pam Bondi says to try and protect Elon’s feelings doesn’t mean its the law. Nobody is saying spray painting cars ISN’T a fucking crime, you just want to go that route to make your other points seems less dumb. A Swastika itself is not a hate crime unless it’s deployed AS part of a hate crime.

    Donald Trump having people tortured because they are LEGAL US Residents but are not HA-WYTE on the other hand is for sure a hate crime because it’s motivated completely based on race as the law sees it. It’s quite transparent, and even children understand the difference between vandalism and hate crimes.

    Get it now?

        • Donald Musk@lemmy.today
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          16 days ago

          K! And good luck to the caught vandals when they go to court and claim “free speech!” lmao

          • just_another_person@lemmy.world
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            16 days ago

            Again…you seem to be mistaken about this concept, but nobody is saying that VANDALISM isn’t a crime. Where in the hell are you NOT getting this? I am absolutely so confounded.

            • Donald Musk@lemmy.today
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              16 days ago

              nobody is saying that VANDALISM isn’t a crime.

              So then people marking up Teslas and carving and spray painting nazi imagary is a crime. Correct?

              • just_another_person@lemmy.world
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                16 days ago

                Vandalism IS a crime. It is NOT a Hate Crime. They are prosecuted and sentenced radically differently, which is why Pam Bondi is an absolute moron for trying to re-classify it as such.

                Judges still have classifications, prosecutorial guidelines and sentencing guidelines on the books to follow, and they can’t just willy-nilly change those at her discretion. That’s not how the law works, thank god.

                The same way you can’t prosecute Petty Theft as Murder, you can’t suddenly decide vandalism of a car is any thing but vandalism of a car, especially escalating the brand based on your own bias.

                  • just_another_person@lemmy.world
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                    16 days ago

                    https://uscode.house.gov/view.xhtml?path=%2Fprelim%40title34%2Fsubtitle3%2Fchapter305&edition=prelim

                    “State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance.”

                    https://www.ussc.gov/guidelines/2018-guidelines-manual/2018-chapter-3

                    “If the finder of fact at trial or, in the case of a plea of guilty or nolo contendere, the court at sentencing determines beyond a reasonable doubt that the defendant intentionally selected any victim or any property as the object of the offense of conviction because of the actual or perceived race, color, religion, national origin, ethnicity, gender, gender identity, disability, or sexual orientation of any person, increase by 3 levels.”

                    Therefore, painting a Swastika as a symbol of hate on a Jewish person’s car with the knowledge that they were Jewish, and with the intent of instilling fear in them for being Jewish could be classified as a hate crime.

                    Doing the same to Tesla cars because Elon Musk is aligned with neo-nazi groups and did multiple Sig Heil salutes in public to big crowds of people doesn’t strike the same way. The defense to that being protected free speech.

                    You see why it’s still vandalism, but a long walk to prosecuting as a Hate Crime if no intent or bias can be proven. Bias against Tesla vehicles and people supporting a known neo-nazi sympathizer is kind of a HUGE defense. This is how due process works.

                    Now, the antithesis to this is what Pam Bondi trying to force down everyone’s throat to stem the image destruction of Tesla by saying that hating Tesla owners is now a hate crime. So she’s saying that hating neo-nazi’s is a Hate Crime. Judges aren’t going to go for that because the bar for intent and bias is still necessary according to the very clear legal requirements.

                    She just wants people to be afraid of hating on Tesla, essentially.

                    So I hope that makes it more clear.

                    Also, very few of the cars being vandalized had anything to do with Swastika as a symbol anyway, I think that’s just the extreme. It’s not something I would have done because of the above, and kids would see that shit. The people doing that are just stupid and potentially causing more harm than whatever good they may have intended.