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re: Court sentences man to 90 days in jail after he spit on man wearing 'MAGA' hat

Posted on 1/12/20 at 7:56 am to
Posted by Powerman
Member since Jan 2004
162294 posts
Posted on 1/12/20 at 7:56 am to
quote:

but 90 days seems excessive for an assault that produced no physical injuries to the victim.


I'd normally agree

But in this case the assault was with the explicit intent to squelch freedom of speech. In instances where the intent is tantamount to shitting on important bill of rights issues I have no issue with the sentencing being harsher than usual.
Posted by AggieHank86
Texas
Member since Sep 2013
42941 posts
Posted on 1/12/20 at 8:00 am to
quote:

quote:

90 days seems excessive for an assault that produced no physical injuries to the victim.
I'd normally agree

But in this case the assault was with the explicit intent to squelch freedom of speech. In instances where the intent is tantamount to shitting on important bill of rights issues I have no issue with the sentencing being harsher than usual.
Does this analysis not come perilously-close to “thought crime?” How is it different from “hate crime” sentencing enhancements based upon religion or ethnicity of the victim?
This post was edited on 1/12/20 at 8:01 am
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