3. What Is The Libertarian Take on Hate Crimes?

What Is The Libertarian Take on Hate Crimes?

if you murder someone randomly you'll get less time than if you murder someone for, say, scuffing your truck? I don't think that's the case, but even if I'm wrong and it is I still disagree with it

Yes. I'm guessing you're not in law school or are a lawyer? This is basic criminal law 101. The seriousness of the crime isn't based solely on the act itself, otherwise accidentally killing someone with your car would carry the same punishment as if you'd waited outside someone's home to mow them down with your car.

You're looking at things with a consequentialist lens. That's not how criminal law works. It's not just about the act itself (the actus reus) but why you did the act (the mens rea).

For example, courts have given less time to someone who kills someone after he immediately catches him having sex with his wife, than if he'd planned a murder over the course of several months. Mens Rea is the whole reason we have different categories of murder. These don't relate to the act itself, but the level of mental culpability one has when one pulls off the act.

but even if I'm wrong and it is I still disagree with it

Doesn't matter if you disagree with it, it's clear you're unqualified in law to speak on the issue. Most law professors would disagree.

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