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Federal Hate Crime Law Gets First Prosecution

Federal Hate Crime Law Gets First Prosecution

Three New Mexico men will become the first in the nation to be charged under the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, a new law that expands the federal definition of violent hate crimes.  The men are accused of shaping a coat hanger into a swastika, placing it on a heated stove and branding the symbol on to the arm of a mentally disabled Navajo man.  They also allegedly shaved a swastika on the back of the victim’s head and used markers to scrawl messages and images on his body, including “KKK” “White Power” a pentagram and a graphic image of a penis.

If convicted the men could face 10 years in prison.  Those sentences could be extended to life in prison if the government proves that in addition to the horrific acts described above the men kidnapped their victim as part of the crime.

The defendants have pleaded not guilty.

According to federal prosecutors, they were able to bring the case as a hate crime because the 2009 law, enacted by the Obama administration, eliminated a requirement that the victim be engaged in a federally protected activity such as voting or attending school for a hate crime charge to apply.

Unfortunately the case represents an apparent bubbling up of white racism that results in horrific acts of violence.  While most of those acts resulted in property crimes (like the burning or defacing of mosques, for example) there is no denying that this country is witnessing a resurgence of violent white rhetoric.  Let’s hope federal prosecutors aggressively use this new law to fight back against this resurgence.  We may not be able to eradicate white nationalism in its entirety, but with tools like this law, we can certainly make perpetrators think twice before acting in such a horrific fashion.

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photo courtesy of malias via Flickr

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52 comments

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12:04AM PDT on Apr 10, 2011

Send them to jail for a long time--please!

6:09PM PST on Jan 30, 2011

We'll never get rid of racism, because of ignorance and stupidity, but we can prosecute it to the fullest extent of our laws.

I wonder what it feels like to live with hate in your heart every day?

3:47PM PST on Dec 11, 2010

this seems like a good law and what a horrific case to start with...i really do wonder what these Neanderthals could have been thinking about when they became so inhuman to another person.....the prosecutors should be extremely aggressive on this one...it's needed...and that would be the message to send....

12:13AM PST on Dec 11, 2010

We have to start somewhere...

7:42PM PST on Dec 9, 2010

Great News!

3:54PM PST on Dec 5, 2010

This is good news

3:41PM PST on Dec 2, 2010

Come on 2012 - this planet definitely needs an enema!

3:14PM PST on Dec 2, 2010

Only ten years for this level of violence?

7:26AM PST on Dec 2, 2010

These 'men' should be sent to a prison where they are the minority. I hear Arizona State tends to have a majority of black prisoners. Send them there and let them experience some of what they have dished out.

1:33AM PST on Dec 2, 2010

Ten years is not enough, as their hatred will increase and get worse in jail. Life without parole, or they'll just commit similar crimes again when they get out.

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