As I understand it, Current hate crime law (H.R. 3355) enhances the sentence for "a crime in which the defendant intentionally selects a victim, or in the case of a property crime, the property that is the object of the crime, because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person"
(and ancestry, gender identity, marital status, political ideology, age, parental status; depending on what state you're in).
I thought hate crime laws say that attacking someone for the reasons stated above is a motive that deserves harsher punishment; because that person is a threat to other people of that group.
It also seems that these laws are meant to protect everyone; even whites, christians, men...in other words, the law isn't just to protect minority groups.
I've heard people say that hate crime laws go against the equal protection clause because a person should get the same sentence regardless of who they target. Someone who assaults my grandmother for no apparent reason should get the same sentence as someone who attacked her because she's jewish.
I always thought judges determine criminal sentences on a case by case basis. I know each crime has a minimum or maximum sentence; but, a judge has some leeway to consider other factors to decide sentencing.
I know motive is very important in sentencing.
Is a hate crime considered another charge that is sentenced separately from the primary offense?
So, does hate crime legislation violate equal protection? If it does, doesn't considering motive, or prior record in sentencing also violate equal protection?
(and ancestry, gender identity, marital status, political ideology, age, parental status; depending on what state you're in).
I thought hate crime laws say that attacking someone for the reasons stated above is a motive that deserves harsher punishment; because that person is a threat to other people of that group.
It also seems that these laws are meant to protect everyone; even whites, christians, men...in other words, the law isn't just to protect minority groups.
I've heard people say that hate crime laws go against the equal protection clause because a person should get the same sentence regardless of who they target. Someone who assaults my grandmother for no apparent reason should get the same sentence as someone who attacked her because she's jewish.
I always thought judges determine criminal sentences on a case by case basis. I know each crime has a minimum or maximum sentence; but, a judge has some leeway to consider other factors to decide sentencing.
I know motive is very important in sentencing.
Is a hate crime considered another charge that is sentenced separately from the primary offense?
So, does hate crime legislation violate equal protection? If it does, doesn't considering motive, or prior record in sentencing also violate equal protection?
