Is the New Hate Crimes Law Legal?
The 1969 Federal Hate Crimes Law permits the federal prosecution of anyone who willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other persons race, color, religion or national origin (Title 18…). Similarly, the 1994 Violent Crime Control and Law Enforcement Act required the U.S. Sentencing Commission to increase the penalties for hate crimes committed because of these protected characteristics of the victim as well as his or her ethnicity or sex (Violent Crime…). The new Hate Crimes Prevention Act (HCPA) expands the definition of federal hate crimes to specifically include those committed based on the victims sexual orientation, gender identity (e.g., transsexualism), or disability. It also makes it a federal crime to attack U.S. military personnel because of their service. The Act does away with an earlier provision that limited the law to cases in which the victim was attempting to engage in one of six types of federa
The 1969 Federal Hate Crimes Law permits the federal prosecution of anyone who “willingly injures, intimidates or interferes with another person, or attempts to do so, by force because of the other person’s race, color, religion or national origin” (“Title 18…”). Similarly, the 1994 Violent Crime Control and Law Enforcement Act required the U.S. Sentencing Commission to increase the penalties for hate crimes committed because of these protected characteristics of the victim as well as his or her ethnicity or sex (Violent Crime…). The new Hate Crimes Prevention Act (HCPA) expands the definition of federal hate crimes to specifically include those committed based on the victim’s sexual orientation, gender identity (e.g., transsexualism), or disability. It also makes it a federal crime to attack U.S. military personnel because of their service. The Act does away with an earlier provision that limited the law to cases in which the victim was attempting to engage in one of six types of
