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Posts Tagged ‘Federal Hate Crimes Legislation

On Thursday the House of Representatives passed the Defense Authorization Act of 2010 (H.R. 2467), including the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act which extends the definition of violent hate crimes to include gender, sexual orientation, gender identity and disability.

From Rep. Barney Frank:

The Hate Crimes provision in the legislation passed today will allow the federal government to assist local and state law enforcement authorities, which prosecute the overwhelming majority of Hate Crimes cases. It permits the federal government to share resources and enforcement tools. It also authorizes the U.S. Attorney General to make grants to state and local law enforcement authorities which have incurred especially high expenses in connection with the investigation and prosecution of these crimes.

In some ways this is good news. However I am always wary of looking at enforcement legislation as a solution. Will this mean, for example that hate crimes will be more vigorously investigated and prosecuted on the state and local level? Does this mean that there will be one actual standard for what constitutes a hate crime? Looking at Suffolk County, NY
, where Marcelo Lucero was killed, it was just this week that the Federal Department of Justice announced that they would officially investigate the Suffolk County police department for “discriminatory policing” against Latinos, meaning ignoring a pattern and practice of hate crimes while creating their own pattern and practice of giving a green light to these acts. Will the new hate crimes law, which is expected to pass in the Senate and be signed by President Obama, be enough to force local law enforcement to act or will they be too busy looking at other enforcement programs like 287(g) which target immigrant communities and lead to racial profiling no even care? Wouldn’t it be more effective for the Federal and local government to create some consistency. After all, can you protect with one hand what you are trying to destroy with the other?

Via / Pam’s House Blend, The Latin Americanist

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I think I have had to write this over and over many times, every time there is a hate crime against a Latino pero it is worthy of repeating.

Defining what makes a hate crime is a political act. The reason I write this is that I am reading many media reports and blogs that keep referring to the shooting at the Holocaust Museum as a hate crime but not that many referring to the murders of Brisenia Flores and her father as a hate crime.

On a legislative level, states each have their own hate crime statutes that aren’t consistent with each other so what may be a hate crime in one state may not be in another. Often the definition of a hate crime is hinged on the use of an epithet or slur, not the history of the community where it happened. This is why some advocates have been pushing for Federal hate crimes legislation, that would create one standard that would be followed across state lines and these moves make people feel good, offer a sense of protection, except they are only good once there is a victim.

U.S. Reps. Nydia M. Velázquez (D-NY), Steve Israel (D-NY) and José E. Serrano (D-NY) announced the introduction of the National Hate Crimes Hotline Act of 2009.

“Far too many victims silently bear the burden of the crimes committed against them, which is why we are taking steps to provide a place for them to be heard. A National Hate Crimes Hotline would allow New Yorkers and victims across the country to safely report to the police and find vital assistance. In addition, accurate reporting will improve local responsiveness, increase prevention efforts and help bring an end to these heinous acts,” said Rep. Velázquez.

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VivirLatino is a daily publication published by Mamita Mala Media, dedicated to featuring all the latest politics, culture, entertainment of interest to the diverse Latin@ diaspora.

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