Jack Cover Fits
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Mickey kills Jack in a fit of rage during a bar room brawl.?
They had never met before this incident. It is later discovered that Jack was a member of the Ku Klux Klan (KKK), and Mickey had an anti-KKK tee shirt on at the time of the killing.
If it is found that Mickey hates KKK members and knew Jack was in fact a member, is there a hate crime with which Mickey should be charged? Do hate crime laws cover this instance? If not, should they? Why or why not?
The flaw in your question is that you stated they had never met before. So Mickey had no idea that Jack was a member of the KKK. Therefore the attack was unprovoked by Mickey and as such the hatred of Mickey by Jack is the factor that caused the fight and subsequent death. So if the DA was creative and not in cahoots. Yeah I’m sure an argument could be made that the killing was a hate crime.
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