Incident in Jena,La.

[RedBean]

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In this case that's probably true. But, there are certainly cases where it would be a factor in what charges to levy. Say, for example, you have a white man with a history of hate crime convictions. Then the white man is caught beating up a black man --- would the prior convictions make it more, less, or no more no less likely that you would charge him under applicable hate crimes statutes (versus run-of-the-mill assault statutes)?

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His previous convictions could speak to intent, but a white man beating up a black man in and of itself isn't a hate crime.

That he has prior convictions for same doesn't make the new one any more so...it has to be judge on it's own merits.

In a more simplified example.....in this case, it is being asserted that Bell's previous record may justify the harsher charge.

But the harsher charge, by LA law, is distinguishable by the prescence of and use of a deadly and dangerous weapon.

That he has previous convictions for battery related to getting into fights does not serve as ample justification that his sneakers are to be considered deadly weapons......and the abscence of previous convictions does not mean they aren't.

In short, his previous record has absolutely no bearing on whether or not a dangerous and deadly weapon was used during this crime, nor can his previous record magically turn a pair of running shoes into a commonly accepted deadly weapon.