Jackson County Sheriff’s Office investigators are looking into the possibility that an armed robbery early Saturday morning in Hoschton may have been a hate crime.
A Hispanic male told JCSO officers that three white males, one armed with a hand gun, assaulted him and stole his truck in the driveway of his Hoschton home around midnight, with one saying “go back to where you came from you wetback m-----f-----.”
The truck was later found burned in Gwinnett County.
The man, whose identity and address are being withheld by Mainstreet Newspapers for his protection, told officers that after he got off of work Friday, he went to his brother’s house in Lawrenceville before coming home.
When he pulled into his driveway around midnight, he said a black Honda car pulled in behind him and turned off its lights. Three white males got out, one brandishing a handgun, and demanded the keys to his truck. The victim said he gave them the keys, and that two of the men began hitting in the face and head, knocking him to the ground.
The victim said he did not know at what point the men began to follow him home.
A medical until checked out the victim’s injuries, but he was not transported to a hospital
Assaulting someone because they did something physically to you and assaulting someone because of their race/gender/religious background, etc.. runs along the same lines of premeditated murder, and manslaughter.
Hate crimes are often premeditated and more gruesome than your average 'fight on the street'... and because they pack a harder punch, I do think the act deserves a more severe consequence than your average battery charge would incur.
Your right to hate someone is protected? Where? Quote the passage in the Constitution you are referring to.
If anything, these men violated the first amendment right of the victim.
"When fascism comes to America, it will be wrapped in the flag and carrying a cross"
Fascism is here. On which side will you stand?
So you can burn the American flag, that is considered free speech under the first amendment, but saying something "mean" or "hurtful" is considered a CRIME?? How about we punish the behavior and leave peoples thoughts alone! And YES, your right to free thought, even hate, is protected under free speech in the first amendment...how many court cases would you like me to site?
We may not like when the KKK gets together for meetings either, but guess what, they are also protected under the first amendment--freedom of assembly. There is nothing in the U.S. Constitution that says you have a right to not be offended or even hated. Wow people...this isn't hard.
You are free to hate, but you are also free to practice your cultural differences/religious differences, etc, until either break the law -- only then should a consquence take place.
Like I've said before... most often the title, 'hate crimes' only offends those committing racist acts themselves. Likely because it reveals the proud southern ... 'thats just how I was raised *spits*'... excuse as an inexcusable ignorance that has been covered up for too long.
"Tabitha, please tell me you didn't just pull out the old democrat stunt of saying that anyone who disagrees with "hate" crimes must be a racist??? Really?? wow. "
and no, I didn't. I said most often.. =) Not just anyone who disagrees.
Why?
"‘Sec. 249. Hate crime acts
‘(a) In General-
‘(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--
‘(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
‘(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
‘(i) death results from the offense; or
‘(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
‘(2) OFFENSES INVOLVING ACTUAL OR PERCEIVED RELIGION, NATIONAL ORIGIN, GENDER, SEXUAL ORIENTATION, GENDER IDENTITY, OR DISABILITY-
‘(A) IN GENERAL- Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerouse weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person--
‘(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and
‘(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if--
‘(I) death results from the offense; or
‘(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
‘(B) CIRCUMSTANCES DESCRIBED- For purposes of subparagraph (A), the circumstances described in this subparagraph are that--
‘(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim--
‘(I) across a State line or national border; or
‘(II) using a channel, facility, or instrumentality of interstate or foreign commerce;
‘(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);
‘(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or
‘(iv) the conduct described in subparagraph (A)--
‘(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or
‘(II) otherwise affects interstate or foreign commerce.
‘(3) ADDITIONAL FEDERAL NEXUS FOR OFFENSE- Whoever, in the special maritime or territorial jurisdiction of the United States, or in Indian country, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as those provided for offenses under those paragraphs.
‘(b) Certification Requirement- No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that--
‘(1) such certifying individual has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and
‘(2) such certifying individual has consulted with State or local law enforcement officials regarding the prosecution and determined that--
‘(A) the State does not have jurisdiction or does not intend to exercise jurisdiction;
‘(B) the State has requested that the Federal Government assume jurisdiction;
‘(C) the State does not object to the Federal Government assuming jurisdiction; or
‘(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence.
‘(c) Definitions-
‘(1) In this section--
‘(A) the term ‘explosive or incendiary device’ has the meaning given such term in section 232 of this title;
‘(B) the term ‘firearm’ has the meaning given such term in section 921(a) of this title; and
‘(C) the term ‘State’ includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.
‘(2) For the purposes of this chapter, the term ‘gender identity’ means actual or perceived gender-related characteristics.
‘(d) Statute of Limitations-
‘(1) OFFENSES NOT RESULTING IN DEATH- Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.
‘(2) DEATH RESULTING OFFENSES- An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.
‘(e) Rule of Evidence- In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.’.
(b) Technical and Conforming Amendment- The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding at the end the following new item:
‘249. Hate crime acts.’. "
The article tells you what they were thinking.
It's not like these guys just picked a random guy at the mall to harass, they were at his HOME, and did alot more damage than your average harassment charge.
Don't ever batter or harass a Mexican as this note could be used against you in a hate crime trial.