The well-publicized violent hate crimes in Wyoming and Texas show that perpetrators of hate crimes usually get punished severely – doesn’t this mean we don’t need another federal law?
The vast majority of these crimes will continue to be prosecuted at the state level. The importance of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act is that it provides a backstop to state and local law enforcement by allowing a federal prosecution if – and only if – it is necessary to achieve an effective, just result, and to permit federal authorities to assist in investigations. The bill also requires that prior to federally indicting someone, the Attorney General or his or her designee must certify, in writing, that (a) there is reasonable cause to believe that the crimes was motivated by bias; and (b) the U.S. Attorney has consulted with state or local law enforcement officials and determined that one of the following situations is present: (1) the state does not have jurisdiction or does not intend to exercise jurisdiction; (2) the state has requested that the Justice Department assume jurisdiction; (3) the state does not object to the Justice Department assu
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