federal criminal civil rights Flashcards
federal hate crime statute
a hate crime is anordinary crime that is committed with a certain type of intent (basis of race, gender, sexuality, etc.)
- difficult to prove intent
- circumstantial evidence is based on things you did, that in your mind, was because of that intent
- to secure a conviction, must show the defendnet committed the underlying criminal act with requisite intent
Church Arson Prevention Act (1996)
crime to deface, damage, destroy religious real property where it affects interstate commerce
Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act (2009)
expanding federal definitions of hate crimes to include actual or percieved sexual orientations
evidence bias
membership in a group that espouses hatred for other groups
ways to prove hate crimes
- posession of literature or symbols associated with bias
- defendant’s writings, chats, etc
- slurs/graffitti at the site of the crime
- date of the crime
- prior hate crimes by the defendant
- membership to hate groups