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Hate crimes legislation in the u.s
1. Hate Crimes
Legislation in
the U.S
By: Barbara Herzberg
2. The Problem
Hatecrimes have been a major law
enforcement problem in this country for
several decades
3. What is a hate a crime
A crime motivated by the victim's race,
color, ethnicity, religion, or national origin
4. The first attempt to protect
The Civil Rights Act of 1964 provided individuals
from bias or intimidation while engaging in certain
protected activities such as voting; participating
in federally funding programs and services;
receiving federal benefits; or enrolling or
attending a public school or university
Also provided protection for individuals engaging
in interstate commerce, using vehicles that are
engaged in interstate commerce; or using facilities
such as restaurants, hotels, sports arenas, or movie
theaters that are open to the public
5. The next attempt
HateCrime Statistics Act.” (P.L. 101-275)
United States Statutes at Large. 104 Stat.
140.
A proposed piece of legislation that would
require the Department of Justice to collect
and publish statistics on crimes motivated
by racial, ethnic, sexual orientation, or
religious prejudice. This bill was signed into
law by the President on April 23, 1990 [136
Cong. Rec. H 1621 (daily ed. April 24 1990)].
6. Still more protection
Student Right-To-Know and Campus
Security Act” (P.L. 101-542) United States
Statutes at Large 104 Stat. 2381.
A proposed piece of legislation which
would require colleges and universities
receiving federal funds, to provide current
and prospective students and employees
with information concerning institutional
security policies and campus crime
statistics.
7. And the protection keeps on
coming
Violent Crime Control and Law Enforcement Act of
1994” (P.L. 103-322) United States Statutes at Large.
108 Stat. 1796.
A proposed piece of legislation containing numerous
provisions related to criminal activities and
enforcement. Of importance to this particular
document are sections 280003 of Title XXVII, which
provides “Direction to United States Sentencing
Commission regarding sentencing enhancements for
hate crimes”; and Title IV, The Violence against
women Act. This piece of legislation was signed into
law by the President on September 13, 1994. [140
Cong Rec D 1062 (daily ed. September 13, 1994)].
8. Lets protect the Church
Church Arson Prevention Act of 1996
A proposed piece of legislation that clarified
and expanded federal jurisdiction over the
destruction of places of worship. This act was
proposed in response to increased acts of arson
and vandalism in African American churches. It
also directs HUD to make guaranteed loans to
rebuild property of tax-exempt organizations
damaged as a result of arson or terrorism. This
piece of legislation was signed into law by the
President on July 3, 1996. [142 Cong Rec. D 704
(daily ed. July 8, 1996)].
9. So what does this statute have
to do with the military
Nothing !!!!!!!!!!!!!!!!!!!!!!!!!!!!!
It was attached to the military budget after 4
unsuccessful attempts to pass the bill on its
own.
The bill expanded federal hate crime
legislation because it removed the
requirement that one be engaged in a
federally protected activity in order to be
protected. It was also the first bill that
provided protection for transgendered
individuals, as well as crimes based on
perceived or expressed gender identity
10. A new hate crimes statute (this
is not your grandmother’s
statute)
National Defense Authorization Act for
Fiscal Year 2010” (P.L. 111-84) United
States Statutes at Large 123 Stat. 2190.
AKA the Mathew Shepard and James
Byrd, Jr. Hate Crimes prevention Act
11. What's in a name
Mathew Shepard, a gay University of Wyoming student was murdered and
tortured in October 1998. He was attacked on the night of October 6–7, and died at
Poudre Valley Hospital in Fort Collins, Colorado, on October 12 from severe head
injuries.
Shortly after midnight on October 6, 1998, Shepard met Aaron McKinney and
Russell Henderson for the first time at the Fireside Lounge in Laramie, Wyoming.
It was decided that McKinney and Henderson would give Shepard a ride
home. McKinney and Henderson subsequently drove the car to a remote,
rural area and proceeded to rob, pistol-whip, and torture Shepard, tying him
to a fence and leaving him to die. According to their court testimony,
McKinney and Henderson also discovered his address and intended to steal
from his home. Still tied to the fence, Shepard, who was still alive but in a
coma, was discovered 18 hours later by Aaron Kreifels, a cyclist who initially
mistook Shepard for a scarecrow.
Shepard had suffered fractures to the back of his head and in front of his right
ear. He experienced severe brainstem damage, which affected his body's
ability to regulate heart rate, body temperature, and other vital functions.
There also were about a dozen small lacerations around his head, face, and
neck. His injuries were deemed too severe for doctors to operate. Shepard
never regained consciousness and remained on full life support.
12. What’s in a name cont.
James Byrd, Jr. was an African-American who was
murdered by three white men, asserted to be white
supremacists, during a racially motivated crime in
Jasper, Texas, on June 7, 1998. Shawn Berry, Lawrence
Brewer, and John King dragged Byrd behind a pick-up
truck along an asphalt road after they wrapped a
heavy logging chain around his ankles. Byrd was pulled
along for about three miles as the truck swerved from
side to side.
Byrd, who remained conscious throughout most of the
ordeal, was killed when his body hit the edge of a
culvert, severing his right arm and head. The murderers
drove on for another mile before dumping his torso in
front of an African-American cemetery in Jasper
