Joe Is Angry About the Political Disorder Both at Home

question 41

Multiple Choice

Joe is angry about the political disorder both at home and overseas.He believes that Muslims are the cause of the world's troubles.While walking past the local Muslim mosque he sees an individual exiting the front door.Joe picks up a stone and throws it at the individual,striking him in the forehead.A passerby observes the incident and calls the police.Joe is arrested and charged with assault.Upon conviction at trial,the prosecutor seeks to enhance Joe's punishment by establishing that the assault was a hate crime based on Joe's hatred of Muslims.However,the evidence established that the victim was actually not a Muslim but a Hispanic male who had been hired by the mosque leaders to repair the plumbing.What effect will the fact that Joe's intended victim was not a Muslim have upon the court's view of the act as a hate crime?

• A)The mistake in identity has no effect on determining whether or not Joe's actions constituted a hate crime.
• B)The mistake in identity makes it impossible to consider the act a hate crime because the victim was not,in fact,a Muslim.
• C)The mistake in identity does not matter because Hispanics are a minority group just like Muslims,so Joe's actions still constitute a hate crime.
• D)Joe's mistake will have no effect on determining whether the act constituted a hate crime if the prosecution can establish that a reasonable person in Joe's situation would have made the same mistake in identity as Joe.

---

Definitions:

Jay's Treaty

A 1794 treaty between the United States and Britain aimed at settling outstanding issues from the American Revolutionary War and avoiding further conflict.

Impressment

The act of forcibly enlisting individuals into military service, historically practiced by British Navy against American seamen in the early 19th century.

British Navy

The naval warfare force of the United Kingdom, historically one of the world's most powerful navies and a key component of British imperial dominance.

Legal Doctrine

A principle or body of principles presented for acceptance or belief by a legal authority, serving as a foundation for legal decisions and policies.