We Pray Kentucky's Hate Crime Loophole Was Simply An Oversight And Not By Design. Read More Below.
Hate-crime loophole
A judge is urging Kentucky's legislature to close what he contends is a gaping loophole in the state's hate-crime law. Adopted in 1998, the law adds extra penalties for many offenses if there's evidence that the defendant committed it because of race, religion, sexual orientation or national origin.
And yet, Kentucky "may very well stand alone" among states in not including murder, manslaughter or reckless homicide as prosecutable under its hate-crime statute, wrote Judge Geoffrey Morris, who serves as a senior-status jurist. That omission, the judge wrote, prevented him from honoring the prosecution's request that Michael Stone be sentenced for having committed a hate crime when he stabbed and killed 17-year old Lamartez Griffin in 2004. Mr. Stone and four other white men reportedly used racial slurs during their attack on the black teenager.
"Clearly, our legislature should consider broadening the hate crimes statute," a frustrated Judge Morris wrote, "to include any and all crimes where the primary motivation behind the crime is the victim's race, color, religion or national origin, and it should permit the jury to enhance a defendant's penalty."
If, as some say, homicide was simply "overlooked" when the law was passed 12 years ago, it seems simple enough to remedy. The legislature has time to study the issue and prepare remedial legislation for the next session.
Meanwhile, it's our view that a debate about this issue will provide better insight into the links between deep prejudices and crime.
A judge is urging Kentucky's legislature to close what he contends is a gaping loophole in the state's hate-crime law. Adopted in 1998, the law adds extra penalties for many offenses if there's evidence that the defendant committed it because of race, religion, sexual orientation or national origin.
And yet, Kentucky "may very well stand alone" among states in not including murder, manslaughter or reckless homicide as prosecutable under its hate-crime statute, wrote Judge Geoffrey Morris, who serves as a senior-status jurist. That omission, the judge wrote, prevented him from honoring the prosecution's request that Michael Stone be sentenced for having committed a hate crime when he stabbed and killed 17-year old Lamartez Griffin in 2004. Mr. Stone and four other white men reportedly used racial slurs during their attack on the black teenager.
"Clearly, our legislature should consider broadening the hate crimes statute," a frustrated Judge Morris wrote, "to include any and all crimes where the primary motivation behind the crime is the victim's race, color, religion or national origin, and it should permit the jury to enhance a defendant's penalty."
If, as some say, homicide was simply "overlooked" when the law was passed 12 years ago, it seems simple enough to remedy. The legislature has time to study the issue and prepare remedial legislation for the next session.
Meanwhile, it's our view that a debate about this issue will provide better insight into the links between deep prejudices and crime.
Labels: News reporting
posted by KYJurisDoctor at 10:10 PM
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