Author Topic: Death Penalty in Hate-Crimes bill  (Read 6713 times)

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Offline lord edward coke

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Death Penalty in Hate-Crimes bill
« on: June 28, 2009, 09:55:07 am »
http://www.opencongress.org/bill/111-s909/text

Text of S.909 as Introduced in Senate
Matthew Shepard Hate Crimes Prevention Act
A bill to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.

To provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes.CommentsClose CommentsPermalink




IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink




April 28, 2009CommentsClose CommentsPermalink

Mr. REID (for Mr. KENNEDY (for himself, Mr. LEAHY, Ms. SNOWE, Ms. COLLINS, Mr. SPECTER, Mr. SCHUMER, Mr. DURBIN, Mrs. FEINSTEIN, Mr. LEVIN, Ms. MIKULSKI, Mr. WHITEHOUSE, Mr. CARDIN, Ms. KLOBUCHAR, Mr. LIEBERMAN, Mrs. GILLIBRAND, Mr. MERKLEY, Mr. REED, Mr. NELSON of Florida, Mr. KERRY, Mr. BINGAMAN, Mr. DODD, Mr. BAYH, Mr. UDALL of Colorado, Mrs. SHAHEEN, Mr. HARKIN, Mr. BROWN, Mrs. MURRAY, Mr. CASEY, Mr. JOHNSON, Mr. LAUTENBERG, Mr. NELSON of Nebraska, Ms. LANDRIEU, Ms. CANTWELL, and Mr. AKAKA)) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink


"Liberty has never come from government.  Liberty has always come from the subjects of government. The history of liberty is a history  of resistance. The history of liberty is a history of limitations of government power, not the increase of it." http://sedm.org/

Offline Freeski

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #1 on: June 28, 2009, 10:03:38 am »
Sounds thought-crimie...

‘(1) OFFENSES INVOLVING ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, OR NATIONAL ORIGIN- Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person--
"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it." Martin Luther King, Jr.

Offline Geolibertarian

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #2 on: June 28, 2009, 10:21:48 am »
What's so ridiculous about this is that the main culprit in the murder of Matthew Shepard is serving a life sentence without possibility of parole, which, in states without the death penalty (Michigan, Minnesota, New Jersey, Wisconsin, etc.) is the maximum sentence one can get!

And frankly, in light of all the rape and abuse that goes on in the monster factories we call prisons, "life" in prison is actually worse than the death penalty, because, instead of merely dying, you literally get f**ked in the a** for several decades, then die.

It is therefore the height of absurdity to suggest that the current laws against murder do not carry adequate penalties.
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Offline Freeski

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #3 on: June 28, 2009, 10:37:56 am »
What's so ridiculous about this is that the main culprit in the murder of Matthew Shepard is serving a life sentence without possibility of parole, which, in states without the death penalty (Michigan, Minnesota, New Jersey, Wisconsin, etc.) is the maximum sentence one can get!

And frankly, in light of all the rape and abuse that goes on in the monster factories we call prisons, "life" in prison is actually worse than the death penalty, because, instead of merely dying, you literally get f**ked in the a** for several decades, then die.

It is therefore the height of absurdity to suggest that the current laws against murder do not carry adequate penalties.

+1T
"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it." Martin Luther King, Jr.

Offline agentbluescreen

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #4 on: June 28, 2009, 11:00:25 am »
+1T

So when will the indictments be issued against the criminal ATF/FBI Mafiosi and the criminal AG Janet Reno for the Branch Davidian religiously-motivated church massacre and child mass murders?

I don't even see the "religion" of '"human sexuality'" mentioned anywhere in there, this must be a FIRST - a homophobic-ally written anti-anti-gay law!  LOL - what a joke!  Since when has "religion" become a euphemism for sexuality?

But I definitely agree, capitol "punishment" is simply just a "get out of jail free" card!

Offline JonTheSavage

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #5 on: June 28, 2009, 12:03:39 pm »
YES! If you are not for multi-culturalism, you are a terrorist.

Sounds like %90 of the idiots on this board got their wish.

Offline menace

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Death Penalty in Hate-Crimes bill
« Reply #6 on: July 24, 2009, 06:59:29 am »
The Matthew Shepard Act, as part of the 2010 Department of Defense Authorization Bill that it is attached to, has now officially cleared the Senate and is making its way toward President Obama's desk but first must make a stop at a conference committee to reconcile the differences between the House and Senate versions of the legislation before final votes in September, but it does so after having had four amendments made to it, one of which adds a death penalty provision.

Details on the Four Amendments Made to the Matthew Shepard Act
Approved on Monday, three of the amendments were conceived by Senator Jeff Sessions (R-Ala.); they accomplish the following:


Authorizing the possibility of the death penalty for certain hate-crimes.
Extending the hate-crimes law to include "injury" against U.S. military service members and their families.
A requirement that all hate-crime prosecutions adhere to guidelines as set out by the Attorney General, and that they operate on a "neutral and objective" basis.

A further amendment was then added by Senator Ted Kennedy (D-Mass.) seeking to place conditions on the application of the death penalty provision, restricting the measure's use until the attorney general of the state where the hate-crimes law is being applied has created the appropriate standards for the use of capital punishment as a sentence for a hate-crime conviction.

All four amendments were approved, three with unanimous consent, and the amendment to extend hate-crime protections to military service personnel passing with a vote of 92-0.

According to this article by the Washington Blade, Senator Patrick Leahy (D-Vt.) explained that the amendments made to the Matthew Shepard Act were part of a deal with Republican Senators in order to have the hate-crimes provision clear the Senate. Leahy also states that he supports all four of the amendments "in modified form".

How Have LGBT Groups Reacted to the Matthew Shepard Act Amendments?
Not well. Lesbian, gay, bisexual and transgender (LGBT) groups have decried the addition of the death penalty. The American Civil Liberties Union have perhaps said it best through Christopher Anders, ACLU Senior Legislative Counsel, when noting:

"The expansion of the federal death penalty stands in stark contrast to furthering the cause of civil rights in the United States"

In a letter sent by a coalition of gay rights, civil liberties and religious groups amounting to 50 sponsors in total, the addition of the death penalty was denounced.

The Human Rights Campaign group have called the the amendments "poison pills" introduced by Jess Sessions, a Senator that gave a fifty minute speech as to why hate-crimes should not be extended to include LGBTS, to kill the bill. 

This, in itself, also infers the bitter irony inherent in a man arguing that extending hate-crimes legislation to include LGBT protections could endanger the liberty of moral objectors and religious persons, then adding a federal death penalty clause.
 
Personally, I think three of the amendments are ill conceived and arbitrary. One places undue demands on the Attorney General to redefine hate-crimes when there has long been a perfectly applicable definition in existing law.

The second extends protections to military personnel and their families which, firstly, is a move poorly defined - what constitutes "injury", or, indeed, "family" - and secondly, is unneeded due to existing tougher penalties for attacks made on service members or veterans already being in place.

The death penalty provision we will come to below.

Lastly the final amendment designed to curtail the death penalty's enforcement is a reactionary damage limitation exercise from the Democrats indicative of the difficulty that making concessions to the Republican opposition has left them in.

What's Next for the Hate Crimes Legislation?
The Hate Crimes legislation will go to a conference committee where the disparities between the House and Senate versions of the bill will hopefully be reconciled.

One thing is clear, a Matthew Shepard Act including the death penalty is an insult to the young man that it was named after, violating the spirit of the legislation as it was intended and making bitter any sense of victory or joy that could have been had from its long overdue passage.

The Matthew Shepard act has already been attached to a DOD authorization bill, a move which no one really wanted. But we accept, we adapt and we move forward.

On the issue of the death penalty provision, though, we can not accept, we can not move forward. Instead, we must fight for it to be removed. There is no other way.

Luckily, there is now such a gulf between the House and Senate versions of the bill that there will be room to maneuver, but it is imperative that we make Senators and Representatives mindful of the fact that they must remove the death penalty provision from the hate-crimes legislation whilst still making it known how vital the nature of the Matthew Shepard Act, or what was once the Matthew Shepard Act, is.

http://www.care2.com/causes/civil-rights/blog/the-death-penalty-for-a-hate-crime/

Offline lord edward coke

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #7 on: August 23, 2009, 08:53:33 am »
It is unconstitutional. The bill, if passed, would violate the 14th Amendment's equal protection under the law provision. Local and state prosecutors would receive more federal assistance in pursuing a case against a homosexual victim, for instance, than victims of other similar crimes.

During the debate of the House version HR 1913 this crucial point was established. Rep. Jim Jordan attempted to add the unborn to the list of protected persons. Other representatives sought to add military personnel and law enforcement officers. All these additions were rejected, clearly revealing that some Americans would be considered more valuable and worthy of protection under the law than other American citizens.
S. 909 would move our government into the dangerous realm of "thought crime." The actual language states, "The incidence of violence motivated by perceived race, color, religion, national origin, gender, sexual orientation, or disability of the victim poses a serious national problem." It is the term "perceived" as it pertains to sexual orientation or gender identity that is especially troublesome.

If a local prosecutor becomes aware that the assailant was opposed to homosexuality, he could say that the attacker's "perception" contributed to the motivation for the attack. Once he makes that assertion, he can appeal for special prosecutorial involvement from the federal government.

Thomas Jefferson declared, "The legislative powers of government reach to actions only--not to opinions." On this basis alone, S. 909 should be rejected by the Senate. It clearly includes opinions, thoughts, and beliefs in the punishment of the act.

S. 909 could easily be renamed the Criminalization of Christianity Act. Orthodox Christians view homosexuality as a sin against God and a crime against humanity. They believe homosexuality will destroy those who practice its perversion. Ultimately, it will ruin a nation, which condones its evil. It is not hate, but genuine love preached by the church of Jesus Christ that calls homosexuals to repentance. True Christians desire those trapped by homosexual lust to be set free from the physical ailments, mental torments, and depravity, which enslaves their souls.

However, in recent history, there is ample evidence based upon "hate crimes" bills passed in other nations that a Christian's freedom of speech and religion will be jeopardized. There are reports of Christian ministers suffering fines, jail, public humiliation, or other threats of censorship for simply preaching God's word and his warning against sexual immorality.

Cases in point:

Canada passed "hate crimes" legislation and a Canadian human rights tribunal ordered a Christian pastor to renounce his faith and never again express moral opposition to homosexuality.

Pastor, Ake Green, received a one-month jail sentence under a Swedish "hate crimes" law that forbids criticism of those who participate in homosexual behavior.

Pastor Danny Nalliah, of Catch the Fire Ministries, was prosecuted under hate crimes laws in Australia .

On Sunday, October 10, 2004, eleven Christians with the Philadelphia-based Repent America ministry were arrested, jailed, and charged under "hate crimes" legislation during an evangelistic outreach. This travesty of justice occurred at the annual "Outfest" homosexual pride event held in Philadelphia . Incredibly, these gentle Christians faced a 47 year sentence in prison for merely preaching the Gospel on a public sidewalk in Philadelphia , the birth place of American freedom.

S. 909 is unnecessary. There already exists laws on the book books against violent crime. If anyone dares assault someone based upon their sexual orientation, they would not escape punishment. Local and state law are sufficient to protect a person's life, liberty, and property. Additional federal entanglement merely increases the threat of centralized government interfering with the sovereignty of the states and thwarting the will of the people.

Besides, the actual rate of "hate crimes" against homosexuals is so infinitesimal in comparison to America 's population, it does not warrant such draconian measures. There are approximately 296,000,000 American citizens in the United States . Out of this number, there were 1,265 reported cases of a "hate crime" based upon sexual orientation. There were 890 male victims and 197 female victims. Though all criminal activity should be condemned and compassion for the victim extended, the real issue is based upon these numbers. Should America forfeit its freedom of speech and freedom to practice religion to establish sexual orientation as a federally protected class?

To understand more fully the numerical insignificance, Don Feder states, "The FBI Uniform Crime Reports, in 2007, the last year for which statistics are available, there were 16,929 murders and 855,856 cases of aggravated assault in the United States .

By comparison, there were 7,624 'hate-crime' incidents, involving 9,006 victims. Moreover, of all hate crimes, 32.4 percent were property crimes, such as vandalism.

Of 'crimes against persons,' 47.4 percent were intimidation - in other words, words alone - and 31.1 percent were simple assault, where no weapon was involved and there was no serious injury. This would include pushing or almost any other physical contact. And so, the vast majority of hate crimes affecting persons (roughly 78 percent) involved only words or an assault in which there was no serious injury or weapon involved.

Of the rest, 20.6 percent were characterized as aggravated assault, defined by the FBI as 'an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.'

Rounding out the 'hate-crime' statistics, 0.2 percent (2/10ths of 1 percent) of hate crimes involved murders or forcible rape-of which there were 9 murders that year.

To put Senator Kennedy's alleged epidemic in perspective, of all aggravated assaults in 2007, it's estimated that .0013 percent (roughly 1/100th of 1 percent) were hate crimes. Of murders, .00053 percent (roughly 5/1000th of 1 percent) were 'hate crimes.'"

The original language of S. 909 purposely exaggerated the threat to perpetuate "government by emergency" propaganda. For example, the document reads, "Such violence substantially affects interstate commerce in many ways, including:

(A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and

(B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity."

There is absolutely no credible evidence to support such an outrageous claim. It is patently absurd.

Lastly, during the debate in the house version, H.R. 1913, a disturbing incident took place. When an amendment to exclude pedophiles from special legal protections, was offered by Rep. Steve King, R-Iowa, the Democrats in the House Judiciary Committee rejected it.

Rep. Alcee Hastings, D-Florida, admitted from the House Floor that the latest "hate crimes" bill put 547 acts of sexual deviancies compiled by the American Psychiatric Association, which he referred to as "all of these 'philias' and fetishes and 'isms'" on the same level of elevated protection as "race ... religion ... gender ... or disability."

Rep. Louie Gohmert, R-Texas, a former appellate judge on the House committee, clarified further: "...We just rejected an amendment to including pedophilia from being a part of this protected class. Do you realize what that means?"

Apparently the House did not care "what that means?" Will the Senate understand "what that means," if they pass S. 909? It behooves all of us to make sure the Senate does know "what that means" and rejects the "The Pedophile Protection Act" of 2009.

Rev. Rusty Lee Thomas

"Liberty has never come from government.  Liberty has always come from the subjects of government. The history of liberty is a history  of resistance. The history of liberty is a history of limitations of government power, not the increase of it." http://sedm.org/

Offline lord edward coke

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Re: Death Penalty in Hate-Crimes bill
« Reply #8 on: October 29, 2009, 01:15:45 pm »
"As an American I am not so shocked that Obama was given the Nobel Peace Prize without any accomplishments to his name,
 
                                but that America gave him the White House based on the same credentials."
 
                                          - - Newt Gingrich
 
"Liberty has never come from government.  Liberty has always come from the subjects of government. The history of liberty is a history  of resistance. The history of liberty is a history of limitations of government power, not the increase of it." http://sedm.org/

Offline lord edward coke

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Grandmother who objected to gay march is accused of hate crime
« Reply #9 on: October 29, 2009, 02:04:00 pm »
October 26, 2009
After witnessing a gay pride march, committed Christian Pauline Howe wrote to the council to complain that the event had been allowed to go ahead. But instead of a simple acknowledgement, she received a letter warning her she might be guilty of a hate crime and that the matter had been passed to police. Two officers later turned up at the frightened grandmother's home and lectured her about her choice of words before telling her she would not be prosecuted. Daily Mail

http://www.dailymail.co.uk/news/article-1222861/Pensioner-complained-gay-pride-march-warned-police-hate-crime.html
"Liberty has never come from government.  Liberty has always come from the subjects of government. The history of liberty is a history  of resistance. The history of liberty is a history of limitations of government power, not the increase of it." http://sedm.org/

Offline PepsiCan

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Re: Matthew Shepard Hate Crimes Prevention Act
« Reply #10 on: November 08, 2009, 08:15:00 am »
What's so ridiculous about this is that the main culprit in the murder of Matthew Shepard is serving a life sentence without possibility of parole, which, in states without the death penalty (Michigan, Minnesota, New Jersey, Wisconsin, etc.) is the maximum sentence one can get!

And frankly, in light of all the rape and abuse that goes on in the monster factories we call prisons, "life" in prison is actually worse than the death penalty, because, instead of merely dying, you literally get f**ked in the a** for several decades, then die.

It is therefore the height of absurdity to suggest that the current laws against murder do not carry adequate penalties.

 Well, obviously, they just used an emotional issue to ram this thing through. They know they can modify it to whatever they want later. I tried debating with some of the supporters of the thing on a couple of forums. I think at least a few of them thought it was a good thing. Unfortunately, stating the plain truth that there already are very harsh penalties for any violent crime just doesn't seem to ring any bells or light any bulbs. We have a mass of people without critical thinking skills and they were deliberately conditioned to think this way.

Offline lord edward coke

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Re: Death Penalty in Hate-Crimes bill
« Reply #11 on: November 08, 2009, 09:53:59 am »
Give yout opinon= Lose your Job.

Man fired after saying homosexuality wrong
Accused of 'harassment' even though lesbian approached him


A Massachusetts man has been fired from his sales position at the Logan Airport branch in Boston of Brookstone allegedly for telling a female manager that his Christian faith says homosexuality is wrong.

Peter Vadala was fired, and the company says he violated a tolerance policy. But Vadala reports his dismissal came because he expressed his Christian view of homosexuality after a female manager made repeated references, as she approached him four times during work hours, to her plans to marry her lesbian partner.

"At the start of the day, she told me she was getting married. I told her 'Congratulations,' and asked, 'Where's he taking you on your honeymoon?'" Vadala said.

"She replied that her partner was a 'she,'" he continued, "So I immediately tried to change the subject.

"I think she knew I was uncomfortable talking about it," he continued. "But, she brought it up to me three more times during the day.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=114779
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Offline Belial

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Re: Death Penalty in Hate-Crimes bill
« Reply #12 on: November 08, 2009, 10:00:49 am »
A death sentence for hate crimes eh? Interesting.
They
I wonder where all the "First!" posters are now? I'm surprised they aren't rushing head over heels trying be the first one to claim that honor. They would be e-famous for life.

Offline Nailer

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Re: Death Penalty in Hate-Crimes bill
« Reply #13 on: November 08, 2009, 10:37:08 am »



Murder suspect here illegally
http://www.mtairynews.com/pages/full_story/push?article-Murder+suspect+here+illegally+%20&id=4369405-Murder+suspect+here+illegally+&instance=news_special_coverage_right_column
A man accused of murdering four people in Mount Airy Sunday was in the U.S. illegally and had been deported previously, an official with a federal agency confirmed Friday.

Marcos Chavez Gonzalez, 26, of 146 Southridge Road, re-entered the country after his deportation, according to Barbara Gonzalez of U.S. Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security.

In reacting to this disclosure Friday afternoon, Mount Airy Police Chief Dale Watson indicated that it makes the circumstances behind Sunday’s fatal shootings all the more disturbing.

“It’s just very troublesome that he was deported at one point and then did get access back into our country,” Watson said of the alleged murderer and his illegal immigration status. The police chief added that the ability of such individuals to re-enter the U.S. is a major problem for law enforcement in trying to keep communities safe.

“It has the potential to create issues like we’re dealing with today,” Watson said in reference to the suspect’s alleged murder of the four victims using a high-powered assault rifle. They were shot in the parking lot of two Worth Street businesses, Wood’s TV Inc. and Chilton Insurance Group Inc.

Watson said Friday that city police still have not arrived at a motive for the crime, despite numerous contacts with witnesses to the shootings and others linked to those involved. Several possibilities are being investigating, including one that the deaths resulted from a love affair gone bad, with authorities saying they do not believe it was a random event.

After the incident, Marcos Chavez Gonzalez fled to Henry County, Va., where he was arrested at a Super 8 motel early Monday. The convicted felon subsequently was returned to North Carolina and is being held without privilege of bond on four counts of first-degree murder.

Gonzalez was imprisoned after a 2002 conviction in Surry County for kidnapping a minor and a probation violation, with the felony kidnapping violation requiring him to register as a sex offender. He was released in January 2007 after a total of nearly five years behind bars.

A detainer was issued for Gonzalez following his imprisonment, which is filed in cases in which some other agency seeks to take custody of an inmate upon his or her release from the North Carolina prison system.

“In this case, it was a request from ICE (Immigration and Customs Enforcement),” said Keith Acree, director of public affairs for the state penal department. “The feds had an interest in him as part of a deportation case,” Acree explained.

Barbara Gonzalez, who handles ICE activities in North Carolina, said that Marcos Gonzalez was in fact deported after his release from prison, only to illegally re-enter the country.

“ICE has lodged a detainer against Mr. Gonzalez” for immigration violations, she added Friday of his present status.

If the illegal immigrant were to receive a prison sentence in North Carolina for the latest crime, under the new detainer “we will reinstate his prior removal once he is transferred into our custody,” the ICE official said.

Assuming such an incarceration occurs, “he will be turned over to ICE custody upon the completion of his prison term,” she added.

Those killed Sunday included brothers Javier Manuel Martinez, 21, and Juan Manuel Martinez, 26; their cousin, Victor Alfonso Martinez-Jimemiz, 22; and Marcos Oviedo Aguilar, 22, a friend of the three. All lived in the Mount Airy-Surry County area.

Contact Tom Joyce at [email protected] or at 719-1924.
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The truth shall set you free, if not a 45ACP round will do the trick.. HEHE