Hate crimes (was Re: muggle baiting vs. muggle torture)

[pippin_999]

No: HPFGUIDX 155784

> Alla:
> 
> Sorry, but I am **definitely** talking about what Twins think or 
> feel. I take it that for you this action itself constitutes Muggle 
> baiting and  Twins' intent does not matter. (I hope that after so 
> many rounds I got the gist of your argument right, but please correct 
> me if I did not).
> 
> Unless JKR clarifies it and states that **this** action, or I will 
> even take a **similar** prank on Muggle constitutes muggle-baiting, I 
> will continue to make my determination based on Twins' intent, which 
> IMO is non-existent.
> 
> I mean, they sure intended to prank Dudley, they did not intended to 
> prank Dudley because he is a Muggle. That is why  IMO Tinktonks' 
> analogy is so spot on .
> 

Pippin:
So, if Arthur finds that someone has given their Muggle neighbors shrinking 
keys, that is not enough to establish Muggle-baiting, he also has to prove that
it was done because the victims were Muggles, and not, say, because they
were playing their stereo all night? That doesn't sound very likely. 

Hate crimes are usually things that are illegal anyway but are
considered worse  because they're committed against a protected group. 
For example, it's vandalism to write on any wall, but writing anti-Semitic 
graffiti might be a hate crime. 

Now, if it were illegal for wizards to play magical pranks in any case,
then playing magical pranks on Muggles could be a hate crime if it was 
done to spread fear among Muggles or Muggle sympathizers, and the 
intent to do so would be important.

But it's not illegal for wizards to play magical pranks on one
another, harmful as they might be, as in the case of those
spiked cauldron cakes (which Ron picked up off the floor very much as
Dudley did.) The Twins sell their joke items openly.

What is illegal is for wizards to play magical pranks on 
Muggles, and as far as we know, the name of that crime is  Muggle-
baiting. . Of course there has to be intent, but the
only intent established in canon is to play a prank on Muggles, 
not to hate them, IMO. 

The shrinking keys, which are unequivocally Muggle-baiting, 
don't sound like a hate crime. The intent can hardly
be to spread fear or send a message, since in most cases the  Muggles 
never even know they've been pranked. Nor would shrinking keys  
send a message to Muggle sympathizers that their days 
are numbered.


Pippin