Dissenting Statement of Commissioner Gail Heriot in In the Name of Hate: Examining the Federal Government's Role in Responding to Hate Crimes, a Report of the U.S. Commission on Civil Rights

22 Pages Posted: 13 Nov 2019

See all articles by Gail L. Heriot

Gail L. Heriot

University of San Diego School of Law

Date Written: 2019

Abstract

On November 13, 2019, the U.S. Commission on Civil Rights released a report entitled In the Name of Hate: Examining the Federal Government’s Role in Responding to Hate Crimes. This Commissioner Statement is part of that report.

The Statement discusses the problems of (1) hate crime hoaxes; (2) overbroad definitions of hate crimes; and (3) double jeopardy issues raised when the federal government seeks to re-prosecute under the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act a defendant who has already been acquitted in state court.

Keywords: Hate crimes, hoaxes, double jeopardy, Commission on Civil Rights, Southern Poverty Law Center, Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

JEL Classification: K00, K10

Suggested Citation

Heriot, Gail L., Dissenting Statement of Commissioner Gail Heriot in In the Name of Hate: Examining the Federal Government's Role in Responding to Hate Crimes, a Report of the U.S. Commission on Civil Rights (2019). San Diego Legal Studies Paper No. 19-422. Available at SSRN: https://ssrn.com/abstract=3485077 or http://dx.doi.org/10.2139/ssrn.3485077

Gail L. Heriot (Contact Author)

University of San Diego School of Law ( email )

5998 Alcala Park
San Diego, CA 92110-2492
United States

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