ALSO... with a federal HCL ... -- Welcome To The Crzy House

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Date Posted: 09:03:02 06/12/03 Thu
Author: Lance
Subject: ALSO... with a federal HCL ...
In reply to: Lance 's message, "HCL are different from state to state, city to city, which is another reason we need a uniform Federal HCL. (more)" on 08:53:42 06/12/03 Thu

the FBI would take over a case if the state does not have jurisdiction or intent to exercise jurisdiction

or if (as in many cases) the state has requested that the Justice Department assume jurisdiction

or if the state has completed prosecution and the Justice Department wants to initiate a subsequent prosecution.

The federal government has a responsibility to ensure equal treatment. Since Reconstruction, federal law has barred certain egregious conduct because it is based on racial prejudice or other kinds of invidious discrimination. This federal role is based on the special constitutional responsibility placed on the federal government to ensure that no American citizen is subject to discriminatory treatment because of deep-seated prejudice.

In addition to allowing the federal government to serve as an important backstop to state and local law enforcement, passage of a national HCL would result in:

increased public education and awareness,

more victims coming forward to report hate crimes,

increased reporting by local law enforcement to the FBI under the Hate Crimes Statistics Act

and a clearer demonstration of the federal government�s resolve to deal with violence based on prejudice.

Passage of the act would put would-be perpetrators on notice that our society does not tolerate these kinds of criminal actions. This would STOP a lot of harrassment, physical attacks, and vandalism and who is to say whether a federal hate crime law might have prevented that long list of victims. Who is to say whether a state or federal hate crime law might not have prevented Matthew Shepard's death?

We'll never know, will we?

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