Hate Crimes and Federal Protection

Hate Crimes

History

Violent Interference with Federally Protected Rights, 18 U.S.C. 245 (1968) Crime to use, or threaten to use, force to willfully interfere with any person because of race, color, religion, or national origin and be cause the person is participating in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations, or helping another to do so.

Criminal Interference with Right to Fair Housing, 42 U.S.C. 3631 (1968) Crime to use, or threaten to use, force to interfere with housing rights because of the victim's race, color, religion, sex, disability, familial status, or national origin.

Damage to Religious Property Church Arson Prevention Act, 18 U.S.C. 247 (1988) Prohibits the intentional defacement, damage, or destruction of religious real property because of the religious nature of the property, where the crime affects interstate or foreign commerce, or because of the race, color, or ethnic characteristics of the people associated with the property. The statute also criminalizes the intentional obstruction by force, or threat of force of any person in the enjoyment of that person s free exercise of religious beliefs.

The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, 18 U.S.C. 249 Measure expands the 1969 United States federal hate-crime law to include crimes motivated by a victim's actual or perceived orientation, gender identity, or disability. gender, sexual Removes, in the case of hate crimes related to the race, color, religion, or national origin of the victim, the prerequisite that the victim be engaging in a federally protected activity, like voting or going to school; Gives federal authorities greater ability to engage in hate crimes investigations that local authorities choose not to pursue;

How are Hate Crimes Prosecuted? Attorney General or someone the Attorney General designates must certify, in writing, that (1) the state does not have jurisdiction; (2) the state has requested that the federal government assume jurisdiction; (3) the verdict or sentence obtained pursuant to state charges did not demonstratively vindicate the federal interest in eradicating bias-motivated violence; or (4) a prosecution by the United States is in the public interest and necessary to secure substantial justice

Jeff Sessions Statement Hatred and violence on the basis of religion can have no place in our society. Every American has the right to attend their house of worship in safety. Today, 11 innocent people were suddenly and viciously murdered during religious services and several law enforcement officers were shot. These alleged crimes are reprehensible and utterly repugnant to the values of this nation. Accordingly, the Department of Justice will file hate crimes and other criminal charges against the defendant, including charges that could lead to the death penalty.

Pittsburgh Shooter Charges (partial) Eleven counts of Obstruction of Exercise of Religious Beliefs Resulting in Death (18 U.S.C. 247(a)(2) and 247(d)(1)) Eleven counts of Use of a Firearm to Commit Murder During and in Relation to a Crime of Violence (18 U.S.C. 924(c)(1)(A) and 924(j)(1) Eight counts of Obstruction of Exercise of Religious Beliefs Resulting in Bodily Injury to a Public Safety Officer 18 U.S.C. 247(a)(2) and 247(d)(3)) Eleven counts of Use and Discharge of a Firearm During and in Relation to a Crime of Violence (18 U.S.C. 924(c)(1)(A) and 924(iii))

Damage to Religious Property Church Arson Prevention Act, 18 U.S.C. 247 (1988) a(2) d(1) d(3)

18 U.S.C. 924: Penalties and Enhancements (c)(1)(a) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime)

18 U.S.C. 924: Penalties and Enhancements (j)A person who, in the course of a violation of subsection (c), causes the death of a person through the use of a firearm, shall (1) if the killing is a murder (as defined in section 1111), be punished by death or by imprisonment for any term of years or for life;

So Why the Hate Crime Statute Moratorium on Capitol Punishment in PA Substantial problems with the death penalty, including: Claims innocent lives Not a deterrent to crime Racially biased Costs a lot of money Disregards mental illness in the U.S.

Consider Tree of Life was allegedly targeted for its members support of HIAS. Hebrew Immigrant Aid Society, or HIAS, is known for its resettlement work in the United States and internationally, and is one of the oldest refugee protection agencies in the country. Bowers claimed that HIAS was working to bring people to the United States to do violence.

If this were an accepted statement, does it change the charges?

Consider Congress shall make no law . . . abridging freedom of speech

There is no #MAGA as long as there is a k*** infestation Jews are the children of Satan If this were an accepted statement, does it change the charges? Jews were committing genocide I just want to kill Jews 14/88

Consider On October 24, Gregory Bush allegedly walked in a Kroger, pulled a gun, and shot Maurice Stallard in the back of the head. He then shot Mr. Stallard several more times. Then he went outside and killed Vicki Lee Jones. Both Mr. Stallard and Ms. Jones were African American. Louisville resident Ed Harrell crouched in the Kroger parking lot clutching his own revolver. Bush walked by him and said, Don t shoot me. I won t shoot you. Whites don t shoot whites. Just a few minutes before heading to Kroger, Bush tried to get into the First Baptist Church of Jeffersontown, a predominantly African American church.

Why wasnt this immediately charged as a hate crime?