What is the crime classification?

What is a hate crime? The FBI has a page on that here. It also has a link to statistics on the rates of offense here at the uniform crime reporting site. The definition right now states:

criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.

The criminal law is concerned with state of the mind, i.e. Mens rea. But this now also applies to noncriminal offenses. In California, Ralph Civil Rights act and Bane Civil Rights act protect persons of protected class and persons of protected attributes (race, religion, …) from violence or attempted assaults, threats of violence(verbal or written) and vandalism or property damages. People in California are also protected for equal employment and fair housing. 

In addition to criminal court proceedings, Hate crimes can also violate civil code, the remedies for violation of civil rights in the civil courts can be injunction with equitable remedy as well as legal remedy. It provides for, among others, punishments like 3X actual damages if the crime is proven to be hate based, and civil penalty of $25k, or even punitive damages. The plaintiff has to prove malice fraud or oppression.

Legal maxim: For every right, there is a remedy; where there is no remedy, there is no right. 

The election has just ended. Trump’s election is followed by a spate of reports of fairly violent speeches and actions directed towards Asians and other minority immigrants. Apparently the law protects us equally against these crimes which are hate crimes. The law even protects us against hate based misdemeanors. When one is a party to such crimes, one is punished extra by American federal and state laws!

To be clear: report a crime if you are subject to one. Heck report one if you commit one too. Indicate to police that you believe you are subject of the crime because of the kind of person you are: race, sex, age, disability, political party affiliation. Point out evidence: usage of racial slurs by the perpetrator can be one. His dress such as swastika. His other targets, etc.

If local law enforcement do not respond, one can escalate to the state’s attorney general’s office.

Sue. (Hopefully With the help of lawyer)

Chinese Trek Character

Seems that, well at least according to Facebook postings today, the famous Chinese-Hongkong star Michelle Yeoh will be a star of sorts in Star Trek. It is a big step to take after 51 years of introducing all kinds of strange new worlds and new civilizations to American audience, we will get a glimpse into one of our own in the future.

I don’t blame the Trek industry for this retarded integration. Chinese people have been arguable the most mistreated and most misunderstood people in America–so Trek isn’t especially anti-Chinese despite the exclusion. Even the news, on facebook, which could be fake, speaks of her heading a ship named ShenZhou, which is the name of Chinese spaceships today. So little will have change(d) in 200 years… I’ll bet the Chinese space program will still be its own thing, a separate enterprise, away from the rest of humanity.

I have such mixed feelings about this. For my own personal sake, can we suspend disbelieve and just keep on imagining a world without Chinese people? One without my descendants.

The good is too good in Star Trek, the highs so high, but looking at the existing Chinese presence, which is minuscule or none, my mind is brought into a space completely opposite of the good and the high.

Anger, fear, hatred bubbles in me on a lake of lava revealing its previously Unobserved immensity. My mind fills in gaps, as most people’s minds will do subconsciously, but all the explanations for why there has not been any Chinese characters on Star Trek in the last 52 years are sooo dark… and sooo deep and … and sooo vivid, sooo realistic…, so unbashfully on display…, in front of my eyes, all around my ears, all these years…

I am not brave enough to imagine it again today. Please let it not be. It will ruin Star Trek for me no matter how you do it.

Should it be legal?

Time for another episode of “should it be legal ?”

 

Think of it… we’re in Philadelphia, no the movie, not the city. And Tom Hanks discovers that the corporate email server is very slow… too slow in fact to receive the document he is trying to emailed to his assistant before the end of statute of limitations was set to expire the next day. Would this count towards illegal discriminatory behavior based on race, age, sexual preference or country of origin?

 

Actually a more important question to ask is does anybody even care of fairness at work place? Are there any amongst you that would agree to racial discrimination just to receive some shares of stocks or to feed your family? In this time of terrible economic crisis, I think most people in America do not have the liberty to act on concerns of unfairness.

 

Why has there been more frequent economic crisis? I think I finally know why. It is not because corporate America cannot keep accounts straight or evaluate risk on mortgage loans! The crisis for all practical purposes legalizes discrimination. Everybody is holding their own mouths shut for fear of being seen as against the company.

 

Is it legal in America to restrict employee work-place internet connections and bandwidth based primarily on race, and place of origin?

 

Personally, having no law degree, I feel that it is race based preferential treatment and unfairly bias against a certain group based on racial characteristics and place of origin.

 

Oh, I mean, I know it can’t be traced to the company… just like that fax was lost and recovered inexplicably in Philadelphia. But the mere fact of this capability should be announced publicly like when police decides to arrest people they have to say out loud what and why they are doing it. When the company inspects the employee’s connections from work place computer and delay it or disrupt it, it must be done in an unbiased way.