> >> 1) Alcohol and Tobacco are already legal and in widespread use > >> 2) Marijuana alone or LSD alone etc is a very unlikely scenario > >> 3) Therefore any conclusions based upon the relative risk is meaningless
> > I don't see how #3 follows from #1 and #2. Could you elaborate?
> Certainly, the Nutt, compared the risk of one drug to another.
> But in the real world people don't take one drug or another in that way.
> An example would be an 18 year old pot smoker, regular drinker to excess, > smoker and occasional user of pills (valium, amphetamines) and also an > occasional user of hallucigenics (LSD, Mushrooms). From my experience that > isn't an atypical example.
> Now a new drug is available, Ecstacy, whoopee so does the current user stop > their regular drugs to take it? Or do they, in fact, merely add that drug to > the ones they take?
> Now taking Ecstacy alone may be no more dangerous than horse riding but > since it isn't being taken alone the risk comparison is meaningless. And by > making such a stupid comment, the Nutt, you imply that taking ecstacy is > virtually risk free.
> Whereas the comparison should be more like riding a horse naked, in > Antarctica, doused in petrol and fire juggling.
No it shouldn't, but it might reasonably be compared to someone who rides a horse sometimes, a bike some other times, and drives a car yet other times.
> I, personally, have never lost a friend to alcohol or tobacco abuse. I have > lost a cousin, and two friends to drugs.
Is it your personal loss that is causing you to make irrational claims? If so, I sympathize; but you know it has nothing to do with the correctness of Nutt's advice.
-- Which of the seven heavens / Was responsible her smile / Wouldn't be sure but attested / That, whoever it was, a god / Worth kneeling-to for a while / Had tabernacled and rested.
In message <0MHGm.66$Ym4...@text.news.virginmedia.com> "Hermeneutika" <hermeneutika...@ntlworld.com (nospam)> wrote:
> However i guess you might arge that alcohol and nicotine are different from > marijuana, lsd, heroin and cocaine? But also one swallow does not make a > summer.
I thought you were going to say that one swallow does not necessarily make one an addict.
>> >> 1) Alcohol and Tobacco are already legal and in widespread use >> >> 2) Marijuana alone or LSD alone etc is a very unlikely scenario >> >> 3) Therefore any conclusions based upon the relative risk is >> >> meaningless
>> > I don't see how #3 follows from #1 and #2. Could you elaborate?
>> Certainly, the Nutt, compared the risk of one drug to another.
>> But in the real world people don't take one drug or another in that way.
>> An example would be an 18 year old pot smoker, regular drinker to excess, >> smoker and occasional user of pills (valium, amphetamines) and also an >> occasional user of hallucigenics (LSD, Mushrooms). From my experience >> that >> isn't an atypical example.
>> Now a new drug is available, Ecstacy, whoopee so does the current user >> stop >> their regular drugs to take it? Or do they, in fact, merely add that drug >> to >> the ones they take?
>> Now taking Ecstacy alone may be no more dangerous than horse riding but >> since it isn't being taken alone the risk comparison is meaningless. And >> by >> making such a stupid comment, the Nutt, you imply that taking ecstacy is >> virtually risk free.
>> Whereas the comparison should be more like riding a horse naked, in >> Antarctica, doused in petrol and fire juggling.
> No it shouldn't, but it might reasonably be compared to someone who > rides a horse sometimes, a bike some other times, and drives a car yet > other times.
Not so because generally speaking there are far more than a single drug in the system of the average user.
>> I, personally, have never lost a friend to alcohol or tobacco abuse. I >> have >> lost a cousin, and two friends to drugs.
> Is it your personal loss that is causing you to make irrational claims?
My claim isn't irrational, if you think it is then please explain how?
> If so, I sympathize; but you know it has nothing to do with the > correctness of Nutt's advice.
I have experience of the culture and the effects, what do you or the Nutt have?
> In message <0MHGm.66$Ym4...@text.news.virginmedia.com> > "Hermeneutika" <hermeneutika...@ntlworld.com (nospam)> > wrote:
> > However i guess you might arge that alcohol and nicotine are different from > > marijuana, lsd, heroin and cocaine? But also one swallow does not make a > > summer.
> I thought you were going to say that one swallow does not necessarily > make one an addict.
.. nor does one fine day. And what Harry Stotle goes on to say is most pertinent:
one day or a brief period of happiness does not make a man supremely blessed and happy.
Something for the recreational drug user to keep in mind, perhaps.
-- Which of the seven heavens / Was responsible her smile / Wouldn't be sure but attested / That, whoever it was, a god / Worth kneeling-to for a while / Had tabernacled and rested.
Phil Saunders wrote: >> Suppose the consequences of decriminalization were nothing but
>> (1) no change whatever in the amount of usage and (2) fewer dealers >> caught and prosecuted.
>> It seems to me that this would be an entirely good thing. The >> point of catching and prosecuting drug dealers is to reduce usage >> and the other abuses that go along with it. Actually catching >> and prosecuting them is a *cost*, not a benefit. (Because it >> uses up police time, prison space, etc.) So if Portugal has >> found a way to put less effort into catching drug dealers >> without an increase in the amount of drug use, that's a win.
> If there is no reduction in use then there is likely no decrease in the > number of dealers.
Eh? I didn't claim, or suggest, or suppose, that there is any decrease in the number of dealers. I said: If the only thing that changes is that the police put less effort into catching and prosecuting dealers, and the level of usage remains the same, then that is a good thing. (And explained why I think that.)
You appear to be responding to something I never said, and not to what I actually said.
>> But, in fact, it appears that there is another consequence: >> (3) various Bad Things associated with drug use, such as >> deaths from overdose and sexually transmitted diseases, have >> decreased considerably.
>> Can you point to anything bad about the consequences of >> decriminalization in Portugal, that would outweigh the >> reduction in deaths, STD cases, etc., and the saving in >> police resources?
> Certainly there are some things that appear to have improved, be interesting > to see if the long term continues the trend, but there are some very very > bad side effects of drug dealing.
For sure. One of the reasons often given for legalizing, or at least decriminalizing, some or all drugs is that this will allegedly reduce the association of drug dealing with (other) crime. After all, the reason why drug money tends to fund bad things is that the people who get it are (by necessity) criminals and therefore likely to be associated with other sorts of crime. Make drug dealing, or at least some of it, a legitimate occupation and that becomes less true.
(I have no idea whether the way things have been done in Portugal has, or could be expected to have, this sort of consequence; I do know that they have decriminalized possession rather than legalizing the drugs altogether, which suggests maybe not.)
But: if the amount of usage in Portugal has remained unchanged, then I see no reason to think that there is more drug dealing, so all you're saying here is that what they did in Portugal hasn't fixed every drug-related problem there. Which of course it hasn't, but no one ever claimed that it has or should be expected to.
> What they have effectively done is say that those things > are ok as long as they stay at their current levels, I cannot agree that > this is the case.
Er, no, they haven't said (actually or "effectively") said any such thing. They haven't, AIUI, legalized drug dealing; nor have they legaized "the violence and various crimes" associated with it.
What they've done is to make a change in how the end users are treated, which happens to have improved some things and left others basically unchanged.
There are probably other steps they could and should take to reduce the harms associated with drug dealing. If you think that the first such step is recriminalizing possession, then perhaps you should explain why decriminalizing it doesn't seem to have led to an increase in drug use, drug dealing, drug-related crime or drug-related deaths.
> If they wanted to solve the problem then they would have been far better, > imho, to have gone the whole way and taken control of the supply chain and > exclude the criminals from any part of it.
Yes, quite possibly, and that's an idea I've always rather liked (though I haven't thought it through carefully enough to know whether I'd actually support it). Decriminalizing possession of drugs seems like a step in the right direction if they're going to do that eventually, and I bet that going the whole way in one step would have been politically impossible.
> As a consequence of Portugal being a safe haven for dealers it is likely > that the country itself will be used as an easier funnel for moving drugs > around.
Doesn't the report claim that in fact no such effect has been seen?
> There are many ways to save the police money, just decriminialize littering, > speeding, etc etc. I'm not sure that the cost of the fight is a reason to > give up. Nor do I think that we can't win so let's not bother trying is an > acceptable attitude.
I see no evidence that that is what the Portuguese are doing.
> > If so, I sympathize; but you know it has nothing to do with the > > correctness of Nutt's advice.
> I have experience of the culture and the effects, what do you or the Nutt > have?
Will know the statistics.
-- Which of the seven heavens / Was responsible her smile / Wouldn't be sure but attested / That, whoever it was, a god / Worth kneeling-to for a while / Had tabernacled and rested.
> If they wanted to solve the problem then they would have been far better, > imho, to have gone the whole way and taken control of the supply chain and > exclude the criminals from any part of it.
How would that be done?
-- Which of the seven heavens / Was responsible her smile / Wouldn't be sure but attested / That, whoever it was, a god / Worth kneeling-to for a while / Had tabernacled and rested.
> > > If so, I sympathize; but you know it has nothing to do with the > > > correctness of Nutt's advice.
> > I have experience of the culture and the effects, what do you or the Nutt > > have?
> Will know the statistics.
Pardon? I suppose I meant Nutt will know... or He will know... or something.
-- Which of the seven heavens / Was responsible her smile / Wouldn't be sure but attested / That, whoever it was, a god / Worth kneeling-to for a while / Had tabernacled and rested.
>> If there is no reduction in use then there is likely no decrease in the >> number of dealers.
> Eh? I didn't claim, or suggest, or suppose, that there is any > decrease in the number of dealers. I said: If the only thing > that changes is that the police put less effort into catching > and prosecuting dealers, and the level of usage remains the > same, then that is a good thing. (And explained why I think > that.)
OK so we agree that there are as many dealers as before :-)
> You appear to be responding to something I never said, and not > to what I actually said.
No but that point is importnant because...
snip
>> What they have effectively done is say that those things >> are ok as long as they stay at their current levels, I cannot agree that >> this is the case.
> Er, no, they haven't said (actually or "effectively") said any such > thing. They haven't, AIUI, legalized drug dealing; nor have they > legaized "the violence and various crimes" associated with it.
> What they've done is to make a change in how the end users are > treated, which happens to have improved some things and left others > basically unchanged.
Not so. What they have done is to effectively legalise much street dealing, which is why less dealers are being prosecuted. Just as many dealers but less prosecutions is accepting things as they are with regards to street dealing.
> There are probably other steps they could and should take to reduce > the harms associated with drug dealing. If you think that the first > such step is recriminalizing possession, then perhaps you should > explain why decriminalizing it doesn't seem to have led to an > increase in drug use, drug dealing, drug-related crime or drug-related > deaths.
You don't know whether there has been an increase in dealing or not because street dealing (being in posession of less than 10 days supply) has effectively become legal and less dealers are being prosecuted.
If end users were the priority then what we would see is more dealers being prosecuted and more users being treated.
What we are seeing is less dealers being prosecuted.
One must always be wary of statistical proofs I know but I that is a significant contradiction in the data.
As the prices increase there will more money made by street dealers and thus more money to be laundered and used for the commission of other crimes.
>> If they wanted to solve the problem then they would have been far better, >> imho, to have gone the whole way and taken control of the supply chain >> and >> exclude the criminals from any part of it.
> How would that be done?
In some countries alcohol is only available through state stores. Make drugs legal and available but only through such outlets.
The manufacture of illicit drugs could be carried out by legitimate pharmaceutical companies ( as is the case for many drugs now). The farms and facilities used would then provide the raw product (where it is needed) for supplying the labs which would supply the outlets.
This would allow for clean needles to be supplied with all injected products, the standard/quality of the drug would be clear to all and the cost could be made stable.
If, for instance, a farm were established to grow Marijuana instead of Maize where is the difficulty?
When we bring all our soldiers back home they could then be used to provide security for the farms, labs and transport.
-- I am Robert Billing, Christian, author, inventor, traveller, cook and animal lover. "It burned me from within. It quickened; I was with book as a woman is with child." Quality e-books for portable readers: http://www.alex-library.com
<philip.saund...@ntlworld.com> wrote: >If end users were the priority then what we would see is more dealers being >prosecuted and more users being treated.
If the statistics are true, some 75% of burglary and theft is committed to feed a habit.
Surely it makes sense to treat properly those that get caught and crack down on the dealers responsible.
I reckon we could empty half the prisons over a reasonable period of time. Far too may go to prison for 6 months or less and then go straight back into crime.
> On Wed, 04 Nov 2009 11:57:36 GMT, "Phil Saunders" > <philip.saund...@ntlworld.com> wrote:
>>If end users were the priority then what we would see is more dealers >>being >>prosecuted and more users being treated.
> If the statistics are true, some 75% of burglary and theft is > committed to feed a habit.
Yes and that is a huge cost
> Surely it makes sense to treat properly those that get caught and > crack down on the dealers responsible.
Indeed it does
> I reckon we could empty half the prisons over a reasonable period of > time. Far too may go to prison for 6 months or less and then go > straight back into crime.
Here I must beg to differ, I don't think the length of sentence is the real problem but that the options open to the offenders upon release and the conditions in prison don't deter them from a life of crime.
I am an advocate of a return to shorter sentences for most crimes but for the sentence for many of them to include hard labour and skills training.
It shouldn't take more that a year to train a person to a good level of competence in a trade so that when released they have a marketable skill.
I'm also a fan of tagging offenders for a period equal to their sentence upon release. I think such measure would reduce re offending.
In addition I support the idea that the sentence should reflect the persistency of the offences. So a person convicted after imprisonment and retraining etc should recieve a longer second sentence etc etc
As well as all that I think we need to build new and more sensible prisons that isolate and thus protect the inmates. Each prisoner should have a cell and facilities to wash and toilet without having to interact with other inmates. There is far too much bullying and abuse in prisons and this needs to be punished severely. I would install cctv and mics throught the whole building so that there were no blind spots, no silent spots and no problems of conflciting stories being the cause of no action.
On top of all this there needs to be a new number of mental health treatment centres created so that those in prison with mental illness, and sadly there are a large number of those, and also those on the streets with mental illness issues can be properly helped to recover, cope and live a more contented life.
I think that locking up more people, for a longer time for more and more offences is not the way to go.
One last thing, all hate crime legislation should be scrapped. It is bigoted nonsense to suggest that it is worse if a person kills another because they are black than because they are a Goth or elderly or young or anything else.
<philip.saund...@ntlworld.com> wrote: >"John R (Ripon43)" <ripo...@spam.net> wrote in message >news:6d73f5h83qdp7117447495tmuk9bnke0ig@4ax.com... >> On Wed, 04 Nov 2009 11:57:36 GMT, "Phil Saunders" >> <philip.saund...@ntlworld.com> wrote:
>>>If end users were the priority then what we would see is more dealers >>>being >>>prosecuted and more users being treated.
>> If the statistics are true, some 75% of burglary and theft is >> committed to feed a habit.
>Yes and that is a huge cost
>> Surely it makes sense to treat properly those that get caught and >> crack down on the dealers responsible.
>Indeed it does
>> I reckon we could empty half the prisons over a reasonable period of >> time. Far too may go to prison for 6 months or less and then go >> straight back into crime.
>Here I must beg to differ, I don't think the length of sentence is the real >problem but that the options open to the offenders upon release and the >conditions in prison don't deter them from a life of crime.
I dont think a prison sentence of 6 months is much of a deterrent. They are out in half of that time, little opportunity for rehabilitation inside so back to the habit once out.
These short sentences should be replaced by drug treatment centres that are properly managed and the user given every support possible.
If that doesn't work and they reoffend, possibly on the 3rd offence, then a 1 year prison sentence.
>I am an advocate of a return to shorter sentences for most crimes but for >the sentence for many of them to include hard labour and skills training.
Yep, couldn't agree more, especially on the skills training. The problem at the moment is that prisons are way overstretched and the money isn't made available to do that.
>It shouldn't take more that a year to train a person to a good level of >competence in a trade so that when released they have a marketable skill.
And that is half the battle. Self worth is so important.
>I'm also a fan of tagging offenders for a period equal to their sentence >upon release. I think such measure would reduce re offending.
Thats a new one on me but certainly agree.
>In addition I support the idea that the sentence should reflect the >persistency of the offences. So a person convicted after imprisonment and >retraining etc should recieve a longer second sentence etc etc
I have long been an advocate of this for any crime. I would personally have a minimum sentence of 1 yerar (out in 6 months) with structured rehabilitation and doubling the sentence after each new offence. Offences that currently merit 6 months or less change to community sentence but 2nd or 3rd offence merits the 1 year prison sentence. By all means shorten some prison sentences to relect the new structure
I may be wrong but my view is that the prison population would drop considerably.
>As well as all that I think we need to build new and more sensible prisons >that isolate and thus protect the inmates. Each prisoner should have a cell >and facilities to wash and toilet without having to interact with other >inmates. There is far too much bullying and abuse in prisons and this needs >to be punished severely. I would install cctv and mics throught the whole >building so that there were no blind spots, no silent spots and no problems >of conflciting stories being the cause of no action.
I am in agreement but that would be impossible without reducing the prison population.
>On top of all this there needs to be a new number of mental health treatment >centres created so that those in prison with mental illness, and sadly there >are a large number of those, and also those on the streets with mental >illness issues can be properly helped to recover, cope and live a more >contented life.
I couldn't agree more
>I think that locking up more people, for a longer time for more and more >offences is not the way to go.
Prison should be a strong deterrent, and i dont think it is any more. Like I say, do away with 3/6 month sentences, replace with community sentencing/tagging but if they continue to offend then a 1 year minimum sentence.
I really do not see the point in locking someone up for 3 months when they actually come out in 4-5 weeks
>> Eh? I didn't claim, or suggest, or suppose, that there is any >> decrease in the number of dealers. I said: If the only thing >> that changes is that the police put less effort into catching >> and prosecuting dealers, and the level of usage remains the >> same, then that is a good thing. (And explained why I think >> that.)
[Phil:]
> OK so we agree that there are as many dealers as before :-)
Actually, I don't know what's happened to the number of dealers. But I'm quite happy to suppose for the sake of argument that it's remained approximately unchanged.
>>> What they have effectively done is say that those things >>> are ok as long as they stay at their current levels, I cannot agree that >>> this is the case.
>> Er, no, they haven't said (actually or "effectively") said any such >> thing. They haven't, AIUI, legalized drug dealing; nor have they >> legaized "the violence and various crimes" associated with it.
>> What they've done is to make a change in how the end users are >> treated, which happens to have improved some things and left others >> basically unchanged.
> Not so. What they have done is to effectively legalise much street dealing, > which is why less dealers are being prosecuted. Just as many dealers but > less prosecutions is accepting things as they are with regards to street > dealing.
Except that it seems that what the Portuguese have done has in fact helped with those nasty consequences of drug dealing that you mentioned.
>> There are probably other steps they could and should take to reduce >> the harms associated with drug dealing. If you think that the first >> such step is recriminalizing possession, then perhaps you should >> explain why decriminalizing it doesn't seem to have led to an >> increase in drug use, drug dealing, drug-related crime or drug-related >> deaths.
> You don't know whether there has been an increase in dealing or not because > street dealing (being in posession of less than 10 days supply) has > effectively become legal and less dealers are being prosecuted.
I know that (so far as can be determined from the stats) there hasn't been an increase in drug *use*. I suppose it's possible that decriminalization has led to an increase in dealing without any more actual drug use -- maybe Portugal is full of people with a strong desire to buy drugs and then destroy them, or something -- but it doesn't seem likely.
> If end users were the priority then what we would see is more dealers being > prosecuted and more users being treated.
How do you know? Aren't you assuming that the Portuguese share your opinion that prosecuting small-scale drug dealers is the best way to reduce the numbers, and improve the lives, of drug users?
Suppose their reasoning was something like this:
- Drug users need treatment rather than punishment. - That suggests that we should decriminalize the use and possession of small quantities of drugs. - If we do that, small-scale dealers will get away with it. - That's probably OK, because if you want to reduce drug dealing then what you need to do is to go after the big guys. - And decriminalization will probably weaken the link between drugs and crime, so the bad side-effects of drug dealing should be reduced too. - Let's do it.
Then they would have made end users their priority and ended up with decriminalization. So, unless there's something obviously crazy about that line of thought, I think it's clearly not true that if end users were the priority then we'd see more dealers being prosecuted.
It's also worth pointing out that decriminalization does, in fact, seem to have helped end users: drug overdose deaths are way down, drug-related HIV cases are way way down.
> One must always be wary of statistical proofs I know but I that is a > significant contradiction in the data.
Eh?
> As the prices increase there will more money made by street dealers and thus > more money to be laundered and used for the commission of other crimes.
What, in your opinion, is going to drive this increase in prices? And why do you think that making small-scale drug dealers better off will result in them committing more crimes?
My guesses would be the opposite. If small-scale drug dealing incurs less risk of jail, the level of profit at which it seems worth doing will go down, which will probably result in lower prices because anyone doing business at pre-decriminalization prices will be liable to be undercut by someone who's prepared to do it for less. But if, instead, there is a rise in prices and the small-scale dealers get more money from their drug dealing, then they will have less need to engage in riskier activities (such as crimes that incur a jail sentence) to get more money, so they will commit less crime.
(If I'm right and small-scale dealers' profits should be expected to go down rather than up on account of decriminalization, should we expect them to commit more crime because of *that*? Only if they're actually worse off as a consequence, which they may not be because they won't spend so much time in jail.)
Phil Saunders wrote: > One last thing, all hate crime legislation should be scrapped. It is bigoted > nonsense to suggest that it is worse if a person kills another because they > are black than because they are a Goth or elderly or young or anything else.
What distinguishes "hate crimes" is not primarily the effect on the victim. It's the effect on other people.
Joe kills Fred because Joe wants to steal Fred's money. Result: Fred dies.
Al kills Dave because Dave is homosexual and Al wants to rid the world of homosexuals. Result 1: Dave dies. Result 2: Every homosexual person in the area is now living in fear of a similar attack.
The presence of result 2 seems to me to be highly relevant in assessing the badness of the two crimes. Especially if part of why Al killed Dave is that he *wanted* every gay person for miles around to be terrorized, which is often the case for this kind of crime.
(This suggests that some crimes that aren't "hate crimes" according to current rules might properly be treated that way: for instance, if one person kills another because s/he is a Goth or elderly or young, that may very well also have, and may very well also be meant to have, an effect like result 2 above. All these are quite different from the case where Joe kills Fred for reasons that have nothing to do with Fred's being a member of any group.)
>> One last thing, all hate crime legislation should be scrapped. It is >> bigoted >> nonsense to suggest that it is worse if a person kills another because >> they >> are black than because they are a Goth or elderly or young or anything >> else.
> What distinguishes "hate crimes" is not primarily the effect > on the victim. It's the effect on other people.
> Joe kills Fred because Joe wants to steal Fred's money. > Result: Fred dies.
> Al kills Dave because Dave is homosexual and Al wants to rid > the world of homosexuals. > Result 1: Dave dies. > Result 2: Every homosexual person in the area is now living > in fear of a similar attack.
So homosexuals are different from Goths then? Or from women? Prostitutes? Because killing them is not a hate crime so they shouldn't be afraid if one of them is targeted?
> The presence of result 2 seems to me to be highly relevant > in assessing the badness of the two crimes. Especially if > part of why Al killed Dave is that he *wanted* every gay person > for miles around to be terrorized, which is often the case > for this kind of crime.
Is that often the case? Do you have some data to support that?
Phil Saunders wrote: >>> One last thing, all hate crime legislation should be scrapped. It >>> is bigoted nonsense to suggest that it is worse if a person kills >>> another because they are black than because they are a Goth or >>> elderly or young or anything else.
>> What distinguishes "hate crimes" is not primarily the effect >> on the victim. It's the effect on other people. .. >> Result 1: Dave dies. >> Result 2: Every homosexual person in the area is now living >> in fear of a similar attack.
> So homosexuals are different from Goths then? Or from women? Prostitutes? > Because killing them is not a hate crime so they shouldn't be afraid if one > of them is targeted?
Might I suggest that you try actually reading what I wrote? Here's a bit that you deleted without comment:
| (This suggests that some crimes that aren't "hate crimes" according | to current rules might properly be treated that way: for instance, | if one person kills another because s/he is a Goth or elderly or | young, that may very well also have, and may very well also be | meant to have, an effect like result 2 above. All these are quite | different from the case where Joe kills Fred for reasons that | have nothing to do with Fred's being a member of any group.)
Let me spell it out:
- I think there is a useful distinction between crimes that affect only the victim, and crimes that (in fact or intention or both) are committed against the victim *as representative of some group* and thereby spread fear among other members of that group.
- I think this is what "hate crime" legislation is aimed at.
- I don't think the specific groups targeted by that legislation are the only ones that can be affected in this way.
- It's possible that the laws defining hate crimes should be extended to cover more cases of this kind.
I'll add that it's also possible that there are adequate practical reasons *not* to extend hate crime laws in that way. Clearly the law can't enumerate every possible group that anyone might be attacked for belonging to, so the choices are (1) give up on the whole notion, (2) draw the line somewhere and make special cases of the groups most egregiously affected, or (3) write the laws so that they apply to every instance where someone is attacked for belonging to some group. Perhaps #3 can't be done without making the law too broad in practice (e.g., "Your Honour, I shall show that the accused attacked the victim on account of the victim's membership in a group, namely the group of people with a lot of valuables that could be sold on the black market. After this foul hate crime, no one with valuables around the house will feel safe.") As for #2, presumably the line gets drawn according to how commonly a given group is targeted, how many people are likely to be terrorized when that happens, etc., and I don't think it's clear that the line is currently drawn in the wrong place.
>> The presence of result 2 seems to me to be highly relevant >> in assessing the badness of the two crimes. Especially if >> part of why Al killed Dave is that he *wanted* every gay person >> for miles around to be terrorized, which is often the case >> for this kind of crime.
> Is that often the case? Do you have some data to support that?
It's hard to know anyone's motivations for sure. But look, e.g., at http://en.wikipedia.org/wiki/Violence_against_LGBT_people#2000-2009 which summarizes some such attacks over the last few years. Here are some extracts which seem to me to indicate that the perpetrators wanted to spread fear as well as harming their individual victims.
| 18-year-old Shaun Murphy, who reportedly bragged about attacking a | "fag". .. | Investigators found homophobic graffiti spray painted on the back of | the house.
And there are other cases in which the nature of the attack makes it hard to believe that the attacker didn't have some such goal:
| On September 22, 2000, Ronald Gay entered a gay bar in Roanoke, | Virginia and opened fire on the patrons .. | On February 2, 2006, 18-year-old Jacob D. Robida entered a bar in | New Bedford, Massachusetts, confirmed that it was a gay bar, and | then attacked patrons with a hatchet and a handgun
(And there are also several incidents described there which don't look to me as if spreading fear was part of the attacker's purpose -- though it was likely part of the effect anyway.)