Regardless of the subtlety of previous civil rights laws and the requirements in some cases that the perpetrator be a state actor or that the victims be involved in specially protected activities, that’s no longer relevant today, because of 18 USC 249 which was signed into law October, 2009 by Obama (long after I graduated from law school):
(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 kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.
So this is a catch-all statute that allows a federal do-over in any criminal case in which it’s perceived that the defendant committed the crime “because of” the race of the victim.
It feels like a violation of the principal of Double Jeopardy, but no one cares about stuff like that when there’s the goal of putting evil racists behind bars.
Anyway, the point of this post is that this statute will be used to prosecute George Zimmerman a second time if he’s acquitted by the state jury.
"Thoughtcrime is death. Thoughtcrime does not entail death. Thoughtcrime IS death. I have committed even before setting pen to paper the essential crime that contains all others unto itself."
Posted by: Winston Smith | March 27, 2012 at 08:17 AM
Zimmeran should have hopped a plane to Brazil this morning. Maybe request political asylum.
Posted by: Peter A | March 27, 2012 at 08:21 AM
Do you think this will play into the election at all? Hispanic voters in Florida won't like one of their own being thrown to the wolves especially in light of new revelations. The Elian Gonzalez issue drove a lot of anti-Gore sentiment in 2000 so there is some precedent. Given how close that election was it may have even tipped the scales. Obama being an opportunist might back off.
Posted by: Conquistador | March 27, 2012 at 08:36 AM
How are they going to prove the "because of" part?
Zimmerman will say, I shot him because of him being on top of me beating my ass, not because of his race.
Oh wait, I forgot that when white harms black, it is automatically because of his race, and when black harms white, it is never because of his race.
Posted by: JP | March 27, 2012 at 08:44 AM
The feds will also ensure that the jury is filled with blacks and SWPLs. That is the only way that any jury will convict Zimmerman. There is so much reasonable doubt that no sane jury can convict, so the goal of the feds will be to seat an insane jury.
Posted by: superdestroyer | March 27, 2012 at 08:56 AM
Are you sure this is anything new? The cops in the Rodney King case were prosecuted by the feds (and convicted) after acquittal in state court.
[HS: They were state actors, acting under "color of law."]
Posted by: J1 | March 27, 2012 at 11:25 AM
Besides the double jeopardy problem, is there not a federalism issue here, too? What constitutional provision gives Congress the power to legislate in this area?
[HS: 13th Amendment.]
Posted by: Saint Louis | March 27, 2012 at 02:18 PM
[HS: 13th Amendment.]
I've never been a fan of that one.
Posted by: destructure | March 27, 2012 at 02:37 PM
Is abortion a hate crime when it targets certain populations? It is easy to drive a wedge between Planned Parenthood and the SPLC; Clash of the Titans!
Posted by: Columnist | March 27, 2012 at 04:03 PM
What if Zimmerman is convicted at the State level? Can the Feds try him as well?
Posted by: Killtaker | March 27, 2012 at 05:38 PM
I had made that very point in my blog about this issue: http://mikestreetstation.wordpress.com/2012/03/23/theres-a-lynch-mob-down-south/
Zimmerman WILL be convicted of something; anything. Race makes us go crazy and if he is acquitted in a State court the Feds will try him on civil rights charges. The truth of the matter will be long forgotten by then though. The main concern will be offering a sacrificial lamb to keep the home fires buring, instead of the cities.
Posted by: lil mike | March 27, 2012 at 08:26 PM
lil mike | March 27, 2012 at 08:26 PM
Suddenly many Hispanics will discover they are white, to their dismay. If race is a social construct, everybody can be socially constructed as white.
Posted by: Columnist | March 28, 2012 at 05:53 AM