1. Log in now to remove adverts - no adverts at all to registered members!

Will Hernandez be charged with Racism!!!!!!!

Discussion in 'Liverpool' started by DayDoDoeDontDayDoe, Nov 19, 2011.

  1. terrifictraore

    terrifictraore Well-Known Member

    Joined:
    Jun 2, 2011
    Messages:
    5,275
    Likes Received:
    902
    Oh come off it you loon, of course it only becomes racial discrimination (or other offences) when you specifically act on it, we don't have thought crime YET!
    Pretty sure none of the actual offences mention racism on it's own eg incitement to racial hatred, racially aggravated assault, they are all racism

    Face it, you were wrong get over it.
     
    #41
  2. Foredeckdave

    Foredeckdave Music Thread Manager

    Joined:
    May 30, 2011
    Messages:
    19,804
    Likes Received:
    132
    So the law on marital rape has ONLY stood for 20 years. Well done for looking it up. You know the argument that you're putting-up is sprious so why the cjildish devotion to it? Shades of Ensil there mate.
     
    #42
  3. Swarbs

    Swarbs Well-Known Member Forum Moderator

    Joined:
    Feb 1, 2011
    Messages:
    15,533
    Likes Received:
    1,371
    Lol, you've just agreed with me and then said I was wrong! Confusing yourself much? ;)

    How is it spurious? Like I said, the law discriminates on the basis of relationship all the time. Marital rape was just the example you plucked out of the air. Didn't Prince Charles get away with calling an employee "Sooty" cos it was shown he had a good friendship with the bloke and thus it wasn't racial discrimination in the workplace? Likewise with Hernandez / DDG calling Evra negrito, if indeed they do. My argument is just right mate, so why trying to dodge the issue with the ad hominems? Shades of KPR / EMF...
     
    #43
  4. terrifictraore

    terrifictraore Well-Known Member

    Joined:
    Jun 2, 2011
    Messages:
    5,275
    Likes Received:
    902
    Nope, all offences need you to actually DO something, thinking it to yourself is still (just about) not a crime. Come on, you are better than this, admit to yourself you were wrong and we can get on with talking about how **** manu's midfield is.
     
    #44
  5. Swarbs

    Swarbs Well-Known Member Forum Moderator

    Joined:
    Feb 1, 2011
    Messages:
    15,533
    Likes Received:
    1,371
    Pretty much what I've been saying all along - racial discrimination is the legal offence, racism is just a state of mind. However, a crime can be said to be racially motivated if there is a racist state of mind behind it, even if there are no obviously racist actions. Punching someone is a crime (unless you play for Liverpool of course ;)), but it can also be racist if you have chosen the person to punch because of their race, even if you don't make any reference to their race during the action.

    But yes, this is getting tedious. So, how does it feel to know that your total number of goals scored is less than our goal difference, and that in Hernandez' "difficult second season" he has still scored more goals than any Liverpool player? As have Yakubu, Klasnic, and Darren Bent :D
     
    #45
  6. terrifictraore

    terrifictraore Well-Known Member

    Joined:
    Jun 2, 2011
    Messages:
    5,275
    Likes Received:
    902
    Yep the crimes are just racism in action, you been getting it wrong all along. But anyway, the amount we have been scoring is a little worrying but we are creating chances. Saying that, since the chelsea game the only time you have scored two in the prem was against norwich, yes better than us but still not great.

    Hernandez is just one of those annoying little twats that has the most elusive of gifts ie does ****e all for most of the game and then scores.
     
    #46

  7. Foredeckdave

    Foredeckdave Music Thread Manager

    Joined:
    May 30, 2011
    Messages:
    19,804
    Likes Received:
    132
    If you care to look back it was not me who introduced the point about marital rape and I am not dodging the issues with ad homimems. My basic argument since this whole affair began is that it its the intent that is the prime issue and not the relationship. Now you can squirm all you like but that remains the fundamental issue.
     
    #47
  8. Swarbs

    Swarbs Well-Known Member Forum Moderator

    Joined:
    Feb 1, 2011
    Messages:
    15,533
    Likes Received:
    1,371
    That's fundamental in any law - the intent and the action. Mens rea and actus rea. But the law determines intent in a different way based on the circumstances, relationships between the parties etc. You can have direct, oblique, knowing, reckless and negligent intent, each of which is judged separately under the law.

    You don't have to directly intend to injure or abuse someone in order to be found guilty, simply engaging in actions that you are aware have the potential to cause injury or to abuse is enough. It's like the difference between murder and manslaughter. If you are winding someone up and you use a perjorative term that you know could be construed in a racist way then you are still guilty of racism, just the same way as if you drive down a busy street at 50mph with your eyes closed you can't say "well I wasn't directly aiming for any of the pedestrians so I can't be guilty of killing them".
     
    #48

Share This Page