Posted on 06/25/2015 7:08:40 PM PDT by SeekAndFind
Citing unnamed "federal law enforcement officials," The New York Times reports that the Justice Department probably will file federal hate crime charges against Dylann Roof in connection with last week's massacre at the Emanuel AME Church in Charleston. Since Roof already faces nine murder charges in state court, where he will be subject to the death penalty if convicted, an additional federal prosecution seems gratuitous. It does not even offer the prospect of a more severe punishment.
To the contrary, the maximum penalty Roof would face under federal law is life in prison, while there is a distinct possibility that South Carolina will execute him.
The Times concedes that a conviction in state court "would make federal action largely symbolic." Still, federal prosecutors are eager to pursue the case, because what's the point of having a federal hate crime law if you don't use it to prosecute someone like Dylann Roof? "This directly fits the hate crime statute," one of those unidentified law enforcement officials tells the Times. "This is exactly what it was created for."
Was the hate crime statute really created to allow redundant, "largely symbolic" prosecutions of people who have already been sentenced to life in prison or death? Not quite. It has practical functions as well. For instance, it allows the Justice Department to prosecute someone after he is acquitted in state court. Under the Supreme Court's "dual sovereignty" doctrine, that does not count as double jeopardy.
In short, the hate crime statute is a handy tool for grandstanding prosecutors, letting them federalize any violent crime they claim was motivated by bigotry—even when the bigotry pits members of the same religious sect against each other. Officially the law does not punish people for their beliefs, which obviously would be a grave violation of the First Amendment.
(Excerpt) Read more at reason.com ...
Because some lives are more equal than others.
Honestly I think the punk kid should get the death penalty. But I do not think some murders should get preferred status. They are all evil.
So that if he’s convicted, he can be executed extra dead.
He’ll never walk free again and is likely to get the death penalty.
Its not like charging him with a hate crime is going to make the punishment worse. If anything, the hate crime charges are to be used as a club against the rest of us.
RE: Its not like charging him with a hate crime is going to make the punishment worse.
Unless one emulates the ISIS way of executing...
The concept of a hate crime should be anathema to any American- it makes some of us better than others before the law, and it inserts the Federal government into a murder which should be a state or local matter.
Please.
Give the little pill-popping bitch a medal.
He’s done more for the far left agenda than Obama ever could.
So has anyone any links about his history and his parents or has the confederate banner thing been smoke?
The liberals want to play this one as much as they possibly can.
My guess is that Obama and his pals high five each other behind closed doors when something like this happens. If a police officer is involved, they’re up all night partying.
Has there EVER been a black person charged with a hate crime against white people?
EVER?
The hate crime laws just make Leftists feel better about themselves......they are so much better than someone who commits a hate crime. I am for the death penalty, ‘hate’ crime or not. He murdered 9 people.
All crimes are hate crimes - hate for civil society and/or God.
They should go ahead and take his birthday away from him too.
If there was ever a law that needed to be reviewed by the Supreme Court, if we really had a legitimate court that is, the hate laws would be it.
Is the guy any less dead if his killer was a racist and did the murderer commit the crime because of his racism or was he just pissed off over an unrelated matter. It’s the stupidest law on the books and everyone just accepts it like it isn’t an insane attempt to interpret people’s thoughts.
Ten consecutive death sentences!
If calling it a hate crime allowed up to kill him next week, I would be 100 percent supportive of it. But since he will get the death penalty and having hate crime attached does not allow for harsher punishment then what is the point. I mean I guess it won’t cost us anymore calling it a hate crime so if it makes the families feel better I don’t have an issue with it. After all the only ones who should have a say are the 9 families in my opinion.
So FedGov can insert itself into yet another local crime matter.
It pays dividends in the greevence industry.
Lawyers love this
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