US-- S. 909, the Matthew Shepard Hate Crimes Prevention Act (HCPA), included in S. 1390, the National Defense Authorization Act for Fiscal Year 2010 HAS PASSED THE SENATE. It will now head to President Obama for signature.
Under this measure, federal hate crime law is expanded to cover offenses based on a victim's gender, sexual orientation or gender identity, or on a disability.
Several controversial amendments proposed to S.1390 by Senator Jeff Sessions (R-AL) and John Thune (R-SD) also passed the Senate. Senator Sessions' amendments allow the death penalty in certain cases involving hate crimes and gives the Attorney General the ability to set the criteria that determines if a hate crime has been committed. Senator Thune's amendment allows state-to-state reciprocity for concealed weapon permits.
RELATED:
http://miamiherald.typepad.com/gaysouthflorida/2009/07/hrc-matthew-shepard-act-passes---contact-your-senators.html
http://www.rightpundits.com/?p=4361
http://www.tips-q.com/news/msm/1160317-hrc-senate-adopts-unwelcomed-amendments-matthew-shepard-hate-crimes-prevention-act
http://www.queerty.com/shock-death-penalty-officially-on-the-table-for-hate-crimes-20090721/
Under this measure, federal hate crime law is expanded to cover offenses based on a victim's gender, sexual orientation or gender identity, or on a disability.
Several controversial amendments proposed to S.1390 by Senator Jeff Sessions (R-AL) and John Thune (R-SD) also passed the Senate. Senator Sessions' amendments allow the death penalty in certain cases involving hate crimes and gives the Attorney General the ability to set the criteria that determines if a hate crime has been committed. Senator Thune's amendment allows state-to-state reciprocity for concealed weapon permits.
RELATED:
http://miamiherald.typepad.com/gaysouthflorida/2009/07/hrc-matthew-shepard-act-passes---contact-your-senators.html
http://www.rightpundits.com/?p=4361
http://www.tips-q.com/news/msm/1160317-hrc-senate-adopts-unwelcomed-amendments-matthew-shepard-hate-crimes-prevention-act
http://www.queerty.com/shock-death-penalty-officially-on-the-table-for-hate-crimes-20090721/
23 comments:
There is a movie on Matthew Shepard story on Life Time and let me tell you it is such a good movie. The story behind this is so emotional and it has so much meaning. Events like this that are later seen in movies based on a true story are always worth watching,especially when they are later linked to Rehabilitation and PWD.
Idalia
In my opinion I dont believe in the death penalty. No one can say whether you live or die according to what one has done. No matter the severity of the crime it should be punished the appropriate way. Also how can someone be so certain that the crime was committed out of hate. Other factors could of been involved such as the mental status of the individual. I dont get this act though??? Is it supposed to help PWD????
Miguel, yes, this Act is supposed to help people with disabilities, as well as others. And although I respect your opinion about the death penalty, I believe that some people are just too evil to have the privilege of living. You're right though; no one knows for sure if this was a "hate" crime because the defendants changed their story repeatedly. I read about it on Wikipedia (type in Matthew Shepard). However, I believe based on the evidence, that these a-holes killed an innocent young man because of his sexual orientation. And I do applaud the efforts of these politicians to move this bill forward. I hope that President Obama will sign this into law.
Vanessa C. (6300)
Matthew Shepard unfortunately had to die in order for people to realize just how pathetic bigotry can really be. I don’t however; feel that sexuality should be considered to be in the same class as disability. I may be wrong about how interpreted what I read, though.
Vanessa - I agree with you on the death penalty. However, I think that death is the easy way out for a criminal. However, I don't wish to put monies into housing and feeding criminals. The book of Exodus states that in the event of harm befalling on an individual by another, with the intent, an “eye for an eye” is acceptable. However, in the book of Luke (after Christ came to earth and died for our sins), when we’re harmed by another, we should “turn the other cheek.”
Elizabeth C.P.
I agree with you Miguel that we don't have the right to say who should die and who should live. While I sometimes think that the death penalty is used just to try and clear up room in the prisons, I don't think we should have the right to say who should die. We all must live with what we do and the choices we make and I for one don't want to be responsible for killing someone else. I can definitely understand the severity of the crimes that usually involve the death penalty, but for me, only God can determine what punishment they should have. While I am against the death penalty I am certainly glad to see that politicians are looking closer into the situation. Maybe this way people will think twice before trying to physically hurt someone because of their differences. I think there should be severe consequences and if this is a way to try and stop hate crimes then I hope it works!!
The definition of a Hate Crime as stated by the Department of Justice-Federal Bureau of Investigation is the following:
“A hate crime, also known as a bias crime, is a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.”
It includes other factors than just disability or sexual orientation, as so many mistake it. There are people out there that live their lives with pure hate...and I am sure there are details as to what deems it as a Hate Crime.
Although I do not agree that no one should have the right to say who lives or dies, I see this as a big step in legislation, especially for the GLBT community (being there is so little legislation for their rights/protection.) It is very unfortunate that people must die for issues to be noticed and people to change...
“If even one family can avoid getting that phone call, in the middle of the night, because of this legislation, it would be well worth it.”--Judy Shepard
*correction...I accidentally typed: "Although I do not agree that no one should have the right to say who lives or dies..." when I meant to type: "Although I agree that no one should have the right to say who lives or dies..." Two completely different statements. lol
The Matthew Shepard Hate Crimes Prevention Act is great to show that their is no mercy for such a stupid act for one to due on anyone. I am so glad it covers offenses based on gender, sexual orientation, or on a disability. When one is in court for such there will be no way to get around the law because this will be an amendment. Kudos to the Shepards! Rebecca Griffith
Sorry if I offend those of you who are against the dealth pentalty, and i am Christian and I have been teaching CCD for over 10 years and strongly belive in "turn and give your cheek" but must admit that maybe i need to re-view my faith because after working in the field that i work in Pscyhologist and seeing so many of the gross crimes being committed and how people can be so "hateful" really sickens me...if anyone can honestly tell me you wouldn't kill an sob who rapes and tears apart YOUR innocent 5 year old boy (actually happened in San Antonio recently)and has no remorse because "he has a disability-so he says" that you wouldn't kill or make sure that person suffered i commend you... i know that if someone hurt my child in that manner i would personally make sure that person got the death pentalty...now whats the difference for someone who kills your brother, sister, or child because they were "gay, lesbian" whatever title one gives them...or dragged a "African American" from the back of the pick up "just for fun" because sadly that still happens today... people need to realize that the life of someone is very important---its not something you play with...you cant take it back... so why is it fair that you "choose" to end someone elses, but others cant "choose" to end yours? Adriana :--0
As I read about Matthew Spepard on Wikipedia I found out that "In court the defendants used varying rationales to defend their actions. They attempted to use the "gay panic defense", arguing that they were driven to temporary insanity by alleged sexual advances by Shepard." Like are they serious? That is unbelievable if you ask me. To kill someone and watch them bleed, hurt, and ask for mercy and not have any remorse about it at the end is CRAZY. Oh and on top of that plead temporary insanity....WOW!
Adriana-You do state a valid point in your comment. Who wouldn't want to lash out at a person that hurt a loved one?! However, I personally feel that prison life is bad enough. I am sure that these criminals do get what they deserve in prison. In a setting like that they have to fight for their own life and always watch their back. That alone can be traumatizing enough.
This is very good news to read since most people don't realize how big this problem is in our nation. Hate crimes are so unnecessary and usually based on not seeing people for who they really are. It's good to see more protection for vulnerable people who are in the minority of others.
-Anna Lee Ocanas
REHS Foundations - online
I think that people who commit acts such as hate crimes should be penalized by not in the sense of the death penalty. Well actually when I think about it, it depends on how crucial the hate crime was, but non that less I believe that people who commit hate crimes should be punished.
- Alina L. REHS6300
This is a really opinionaited subject. I really don't think there is any right or wrong answers in this matter. But it is like karla said Whether or not we may agree with this death punishement, at least something is being done to prevent such crimes.
I agree with this legislation that hate crimes should be a federal offense and the message is that hate will not be tolerated. Including persons with disabilities in this legislation is important because there is still such intolerance for people that are different in this society. It is unfortunate that many of these behaviors are taught from one generation to another and considered okay by many. Cindy V.
I agree with Miguel in his belief on the use of the death penalty. I do also believe that people who committ such horrendous crimes should be punished (within the bounds of perserving life). Again, as Miguel mentioned, are these people cognizant of their actions? Did they do them with the intent to hate? As the posting stated certain criteria will be set by the Attorney General to decifer whether a hate crime was in fact committed. It is my hope that this criteria is regimented to provide fairness to all parties involved. I'm very pleased to know that measures are being taken to bring awareness to such an important matter and that the victims of these crimes may finally rest in peace.
Maggie Ybarra
REHS 6300
The death penalty, no matter in what case, will always be disputed. Should people who commit hate crimes get the death penalty? I'm sure that everyone's answer on this one is going to be different. Personally, I would prefer for that person to suffer in jail and live long enough to understand the degree of his/her action in there. I'm glad that legislation is taking issues like this into consideration and more than that, implementing some action into it. Hate crimes are horrific and should the person responsible should suffer the consequences.
-Claraly Pena
REHS 6300
A comment to Miguel's comment: I do believe in the Death Penalty because how is it just that those two guys can torture a human being for NO REASON and expect to not be punished for it. I know, GOD is the only one and it is all in his hands. But how could we have those two guys and for that matter all those other people that have done the same thing, in our jails? They will be there forever? That kind of thought of keeping them in our jails is costing the states and U.S> a lot of money that could be used for health care, education, etc...instead we are spending it on keeping those criminals in airconditioned buildings, with 3 meals a day, etc. THAT is not fair. How the families feel losing their loved ones in such tragic ways is not fair. Just my opinion :)
Aissa S.
The Hate Crime Prevention Act passed by Senators Session and Thune has a purpose within the systme. There has to be a justice system. The criminal is aware of the consequences prior to commiting the crime. The death penalty is needed to to avoid abuse of the sytem and further cost the tax payers.
Tina Casares
REHS 6300
It is sad that people can react to such crimes. I also think that the death penalty is the easy way out. They should be punished but ina way that they can really think what they did was totally wrong. I am also a believer in God and we are not to take someone life.
it is great to see changes such as this to legislation it is unfortunate that someone had to die for such changes to be made.
-Pete Castaneda III
REHS 6300
I hope that this bill is signed into law as well. I think that everyone has the right to protection against persecution regardless of religion, sexual preferences or disability. A hate crime is an act committed against another person due to the criminal's personal bias. There is no excuse for it and they need to be punished. Rebecca, I agree with you when you state that if someone committed a crime against someone I knew personally, family member or friend, I would want some type of justice. Poor Mathew Shepard, left out on a fence to die after being beaten. Those kids knew he was out there and said nothing for days! To plead temporary insanity is ludicrous. They were cruel, malicious individuals that knew exactly what they were doing and knew what they had done when they sat on their laurels waiting for him to be found. He could have been saved! Hate crimes should not be tolerated, end of discussion.
J. gonzalez
I find the Matthew Shepard Hate Crimes Prevention Act very interesting in that it as been amended to cover offenses based on a victim's gender, sexual orientation or gender identity, or on a disability. What I really find very interesting is the amendments proposed by Senator Jeff Sessions (R-AL) and John Thune (R-SD), especially the death penalty for certain cases involving hate crimes. This is a very interesting legal action that these two senators want to take as far as hate crimes go. Even though it will be good deterrent for such actions such as this, my main concern is how the courts systems will define what a hate crime is and what is not a hate crime based on a victim's gender, sexual orientation or gender identity, or on a disability. I do have to say that I do understand that the death penalty is need in some case, but how can the death penalty be a just punishment for a hate crime. Only way I can see this if the person takes someone else live then yes, but if with that there was to be a standardized definition of what a hate crime is and the courts have to stand by it and not let modifications happen with it, in order for everyone to receive the same just for the same crime.
Juan L.
Although this piece of legislation is great for people with dissabilities, it also is very scary to think the power of this piece of legislation. I know that the bible talks about certain thinks against gender and homosexuality and i would find i very sad if this book were to be banned because of this act. I do not have anything against anyone, but if this act has that type of power to eliminate these books that have been in our history, then i am against it.
Eddie REyes
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