Maybe Just a Little Extreme Over-Reaction?

A_Thinker

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He most certainly did. Why was he charged with a "hate crime"?
He was charged with a hate crime ... because his stealing and burning of the flag ... was just the latest in a history of harassment of that particular church and its membership.
 
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CharismaticLady

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If you'd like, as long as you didn't rip it off from someone else and drive to a strip club and set it on fire I don't think there'd be a problem.


...or not. :wave:
tulc(suspects getting a "God star" isn't really about burning things) :sorry:

I meant gold star! I never noticed typing God. Must be muscle memory. LOL
 
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Yarddog

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He most certainly did. Why was he charged with a "hate crime"?
Haven't you read any of the articles provided? The prosecutor said:

"we learned from the trial Mr. Martinez had been watching our church for some time."

"I believe him to be very dangerous," Story County Attorney Jessica Reynolds said. "That's why my office recommended the maximum sentence."

Reynolds said the judge agreed to the 17-year sentence because Martinez has a long history of harassment and is a habitual offender and never showed any remorse.

"The defendant stated that there was nothing the judge could to stop him from continuing this behavior and that he would continue to do this no matter what," she said.

"It was an honor to (burn the flag)," Martinez told KCCI in June." It's a blessing from the Lord."


It was a combination of his actions, before he seized the flag which led all to understand that it was hate that spurred the man to burn the flag. This added 5 years to his sentence but because of the state's third strike law, meaning he had previously been convicted of two separate violent crimes, the sentence was increased to 17 years.
 
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Archivist

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We don't sentence flag burners to 15 years in prison for hate crimes.. that's always been covered under freedom of speech laws.

If burning the American flag is free speech I can't imagine a greater emphasis or harsher penalty being placed on an LGBTQ flag..

this is wrong on every level.. it's free speech.
Going out and burning a flag, US or otherwise, that you own is protected free speech. But burning a flag that belongs to someone else is destruction of private property.
 
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JacksBratt

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Haven't you read any of the articles provided? The prosecutor said:

"we learned from the trial Mr. Martinez had been watching our church for some time."

"I believe him to be very dangerous," Story County Attorney Jessica Reynolds said. "That's why my office recommended the maximum sentence."

Reynolds said the judge agreed to the 17-year sentence because Martinez has a long history of harassment and is a habitual offender and never showed any remorse.

"The defendant stated that there was nothing the judge could to stop him from continuing this behavior and that he would continue to do this no matter what," she said.

"It was an honor to (burn the flag)," Martinez told KCCI in June." It's a blessing from the Lord."


It was a combination of his actions, before he seized the flag which led all to understand that it was hate that spurred the man to burn the flag. This added 5 years to his sentence but because of the state's third strike law, meaning he had previously been convicted of two separate violent crimes, the sentence was increased to 17 years.
I wasn't aware of the fact that your sentence can be influenced by other actions that you may have done that were questionable.

I thought that your sentence would be a consequence for what you were charged with...

So, I guess, you could get pulled over for going through a stop sign but go to jail because you may have been speeding, doing incorrect lane changes, and leaving your car idling at a drive through.

If this is the case... it is just a method of harsh punishments for what they think you have done...

I thought that each of those infractions would have to be separate charges...
 
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A_Thinker

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lol.. burning trash can create a public danger, thats an excuse to prosecute someone unfairly.

The Supreme Court upheld flag burning to be a protected freedom of speech issue.

Facts and Case Summary - Texas v. Johnson
You seem to be unwilling to deal with the fact that the offender had a long record of harassment, was incorrigible, ... and told the judge that nothing could stop him from doing what he was doing.

What choice did the judge have other than to sentence him to the longest term possible ?
 
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A_Thinker

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I wasn't aware of the fact that your sentence can be influenced by other actions that you may have done that were questionable.
Your sentence for a criminal offense can be influenced by your past criminal behavior.

That's why "first offenders" get a bit of a break (of course, depending on the offense) ... at least, here in the US.

Sentencing guidelines here in the US are, typically, ranges. Where a judge chooses to impose sentence certainly depends upon the likelihood of re-offense, remorse or the lack thereof, ... and or criminal history.
 
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A_Thinker

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I wasn't aware of the fact that your sentence can be influenced by other actions that you may have done that were questionable.

I thought that your sentence would be a consequence for what you were charged with...

So, I guess, you could get pulled over for going through a stop sign but go to jail because you may have been speeding, doing incorrect lane changes, and leaving your car idling at a drive through.

If this is the case... it is just a method of harsh punishments for what they think you have done...

I thought that each of those infractions would have to be separate charges...
Not here in the US ...
 
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Yarddog

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I wasn't aware of the fact that your sentence can be influenced by other actions that you may have done that were questionable.

I thought that your sentence would be a consequence for what you were charged with...

So, I guess, you could get pulled over for going through a stop sign but go to jail because you may have been speeding, doing incorrect lane changes, and leaving your car idling at a drive through.

If this is the case... it is just a method of harsh punishments for what they think you have done...

I thought that each of those infractions would have to be separate charges...
You can be charged with whatever laws you violated. Someone can be pulled over for speeding but an investigation finds a dead body in the trunk and more charges are added. The investigation may continue and find that the dead body is an officer of the law, which leads to more charges.

If you don't what may be found, obey the law.
 
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aiki

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Haven't you read any of the articles provided? The prosecutor said:

"we learned from the trial Mr. Martinez had been watching our church for some time."

Since when did "watching a church" become a criminal offense? This is a ridiculous thing to point to as justification for such an inordinate sentence.

"I believe him to be very dangerous," Story County Attorney Jessica Reynolds said. "That's why my office recommended the maximum sentence."

"I believe him to be very dangerous"? Why? Because he burned a flag? Because he's been "watching our church"? Again, ridiculous. Neither thing warrants prosecution let alone 15 years in prison.

Reynolds said the judge agreed to the 17-year sentence because Martinez has a long history of harassment and is a habitual offender and never showed any remorse.

And what has constituted "a long history of harrassment" in this instance? "Habitual offender"? Nothing I've read regarding this case suggests that Martinez's "long history of harrassment" or "habitual offending" deserve the [bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse]-eyed sentence levied upon the him. I suspect the real reason he got such an outrageous punishment is that he "never showed any remorse." Nothing is worse these days, it seems, than to be unabashedly opposed to the Left's favorite minorities. This whole things stinks of leftist politics and authoritarianism.
 
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A_Thinker

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Nothing I've read regarding this case suggests that Martinez's "long history of harrassment" or "habitual offending" deserve the [bless and do not curse][bless and do not curse][bless and do not curse][bless and do not curse]-eyed sentence levied upon the him. I suspect the real reason he got such an outrageous punishment is that he "never showed any remorse."
You, obviously, don't know the details of the offender's long criminal history ... and you don't address that he openly stated to the judge that he couldn't stop his behavior ...
 
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aiki

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You, obviously, don't know the details of the offender's long criminal history ... and you don't address that he openly stated to the judge that he couldn't stop his behavior ...

In light of the fact that far graver offenses receive lesser punishments, the sentence levied upon Martinez is plainly inordinate - whatever details I may or may not be privy to. As I said, this whole thing stinks of leftist authoritarianism.
 
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KarateCowboy

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In light of the fact that far graver offenses receive lesser punishments, the sentence levied upon Martinez is plainly inordinate - whatever details I may or may not be privy to. As I said, this whole thing stinks of leftist authoritarianism.
Correct. It's the alt-left at work
 
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lismore

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