Apprendi vs. New Jersey Apprendi vs. New Jersey landmarked United States Supreme Court decisions dealing with provoking factors in crimes. Furthermore, it was found that judges were prohibited to sentence beyond the maximum amount because of factors other than the ones found by the jury. Beyond a reasonable doubt was the key word in this case. This case decision has been the precedent for the rights of people in jury trials. This case set the tone for other trials where an increased prison term was questionable.
Introduction Colin Ferguson was convicted of the December 7, 1993 shooting of 25 people aboard the Long Island Rail Road commuter train out of Penn Station at Merillon Avenue station in Garden City, New York, New York. He killed six and wounded nineteen before being stopped by three of the passengers: Kevin Blum, Mark McEntee, and Mike O'Connor. Ferguson's trial was notable for a number of unusual developments, including his firing of his defense counsel and insisting on representing himself and examining himself as a live witness. Before the trial, William Kunstler and Ron Kuby attempted to argue that Ferguson was driven to mental illness through years of living in an oppressive and racist society.
The fact that hate crime is deemed a major problem for a nation makes the Mathew Sheppard and James Byrd act to be implemented at all levels. This act is implemented at the local, state and federal level within a nation. This because the federal. Local, federal and state authorities join forces during investigations and prosecution of these hate crimes to protect the entire nation from violence evolving due to hate among people. Therefore, to mitigate expansion of hate crimes in the nation all authorities are given the power by Mathew Sheppard’s act to prevent hate crimes and prosecuting
We still deal with racism and hate in our country as stories about acts of hate crime
I accept the first charge but the hate crime is wrong. I don’t have a problem with homosexual’s I have friends that’s homosexuals and we never had problems so I don’t look at wrong because of your sexualitie” (Slater 185). He’s being prosecuted for a hate crime despite insisting that Sasha’s gender had nothing to do with it and that he did it as a joke. This prosecution will up his charges and cause him to be in jail even longer than he would be originally.
According to the Federal Bureau of Investigation, in 1998 there were over 7,755 hate crime incidents reported in America, which stemmed from people’s biased views towards people of different races (46.9%), sexual orientations (20.8%), religions (19.8%), ethnicity and (11.6%), and people with disabilities (0.9%). All 7,755 of the crimes were more than just violence; they were violence driven by hatred. They were hate crimes. The FBI defines a hate crime as a “a traditional offense like murder, arson, or vandalism with an added element of bias.” This is certainly the case of the murder of Matthew Shepard in Laramie Wyoming.
Banks would never get those 10 years back, but he was glad to be out of jail. Soon after Brock Turner, a white male was charged with five counts of sexual assault. He had a clean slate, a career lined up for him, and well educated, but he was white. Brock Turner got sentenced to 6 months in prison on the same counts as Brian Banks. Brian Banks said “They gave him six years.
I have chosen to document and research African-American Hate Crimes during the eras of 2007 until 2015. With recent cases of Sandra Bland, Eric Garner, Trayvon Martin and the crimes of San Jose University, I believe this research is more than needed. By researching several forms of accurate and up-to-date literature and research findings I will promote and compile the most accurate and efficient research of these factors as possible with the prevalent information found from over 20 different sources, direct and indirect. Subjects will include and will be limited to African Americans between the ages of 15 and 35, Law Enforcement Officials within Southern States v. Northern States, and Parental Figures of those who have lives lost. With approval
The USA government crime data document seven types of antireligious hate crimes: anti-Jewish, anti-Catholic, anti-Protestant, anti-Islamic, anti-other religious group, anti-atheism ,agnosticism and etc. In our analyses, the data for anti-multi religions were omitted because of the small number of cases and the difficulty of interpretation. Due to the limitations in the data set, information about the offenders was not available. Therefore, chi-square goodness of-fit tests were used to test whether there was a difference in the incidence of hate crimes committed toward the six religious groups after adjusting the case numbers by subgroup populations. The results revealed differences of this type that varied across the 13-year period.
Even though people might be led to believe that racism is an ever-decreasing issue in the globalised and multicultural world of today, recent debates and elections concerning transnational initiatives and issues such as the EU have provided basis to believe otherwise. The United Kingdom, in particular, has over the last few months faced significant backlash and challenges as a response to the first ever successful vote to leave the European Union. As a result of the Brexit referendum, the UK has experienced a rapid increase in recorded anti-immigrant hate crimes. Regarded as an example of this is the case of Arek Jóźwik, who was beaten to death in an unprovoked attack near Harlow, launching investigations into the suspected teenage perpetrators
A suiting definition for hate crimes is an adaptation from Gerstenfeld chapter 1: The Whys and Hows of Hate Crime Laws: crimes that are committed based on the race, religion, ethnicity, and sexual orientation of the victim. Another definition of hate crimes that was considered was the Massachusetts legal definition of hate crimes that was discussed in Englander’s article Is Bullying a Junior Hate Crime? Which included disability, color, and national origin on top of the protected groups that have been
People try to say that racism doesn 't exist anymore, that it is a thing in the past. While in reality, that is not the case. People all over the world still hold racist thoughts towards people of color. Sometimes it’s not even purposefully, but it is just an engrained habit, which is called internalized racism. To some, even though they believe that racism still exists, they believe that their aren 't any negative effects, that is just an opinion.
Hate Crime is a “criminal offense against a person or property motivated in whole or in part by an offender's bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.” If an African American commits the same crime as an Caucasian it is more likely for the black person to be charged and arrested due to the racial issues we have today. There are many pros and cons towards the issue of racial crime, but hate crime is still a very difficult issue for our country to overcome. In order to overcome the issue of hate crime it would require changing legislation, public and police attitudes.
In the recent news, everyone’s heard of the rise in hate crime. Most hate crime is “motivated by racial, sexual, or other prejudice, typically one involving violence,” (Dictionary.com). Hate crimes have spanned across the country and impact thousands of lives each year. The FBI started investigating hate crimes at the turn of the 20th century. The FBI define hate crime as, “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity,” (FBI).
The time in which we live is the age of communication and the speech or talking one of the important ways of communication and expression. There are different types of Speech and communicate, one of them hate speech. Hate speech means attacking a person or group based on different basis such as gander, religion, race, ethnic origin or nationality and disability. In the other hand, some of human rights treaties agree with freedom of speech or freedom of expression it could offend or disturb others so government of Countries placed laws of hate speech to avoid harms, troubles and problems. Over years Hate speech law became one of the most known laws in international law.
