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Updated on March 28, 2005 |
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Construction companies in UAE . ñêà÷àòü angry birds
Crimes that are motivated by race, religion, or country of origin can be classified as a hate crime under existing civil rights legislation. Most crimes classified as hate crimes are prosecuted under various state laws. Hate crimes can be prosecuted by the Federal Government if it can be proven that there is a conspiracy to interfere with a federally protected right, such as employment, education or access to housing.
Additionally, under the Church Arson Prevention Act of 1996 (18USC§247), the Federal Government can prosecute any intentional damaging of religious property if the damage is motivated by race or religion.
Hate crimes differ from other criminal laws in that hate crimes statutes provide for greater sentencing guidelines than the criminal act that is already punishable. The Violent Crime Control and Law Enforcement Act of 1994 (42USC§13701) directed the United States Sentencing Commission to establish enhanced sentences for hate crimes. Sections 3A1.1(a) for Hate Crimes and 3A1(b) for vulnerable victims were added to Federal sentencing guidelines as a result.
Selected Proposed Legislation
S. 966, the Local Law Enforcement Act of 2003. Senator Edward Kennedy (D-MA) introduced this bill on May 1, 2003. This bill has 49 co-sponsors and has been referred to the Committee on the Judiciary where it has not received a hearing. Specifically, this bill authorizes the Department of Justice to provide technical as well as prosecutorial and financial support in prosecuting Federal and state crimes of violence that are motivated by race, color, religion, national origin, gender, sexual orientation, or disability. The law also provides for training grants to states to enhance their ability to investigate and prosecute hate crimes.
H.R. 80, the Hate Crimes Prevention Act. Congresswoman Sheila Jackson-Lee (D-TX) introduced this bill on January 7, 2003. This bill has one co-sponsor and has been referred to the Committee on the Judciary's Subcommittee on Crime, Terrorism, and Homeland Security where it has not received a hearing. This bill elevates crimes based on race, color, religion or national origin to Federal offenses. Any violent crime committed with these motivations would be classified as federal crimes and therefore prosecutable by Federal prosecutors. The bill also makes it a crime for an adult to recruit a juvenile for the purposes of hate motivated crimes.
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