12-30-2013, 10:15 PM
(12-30-2013, 09:56 PM)Maggot Wrote: Or do the Feds take it from here?
It's up at the fed level; "hate" crimes are tried by federal prosecutors.
The DOJ has successfully defended quite a few challenges to the 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.
But, the constitutionality of the charges themselves is typically argued by the defense in hate crime cases. If Barrett is convicted, constitutionality of the charges could be something challenged on appeal as well, I suspect.
I want Barrett to get a harsh sentence; I think he deserves it. But, honestly, based only on what's been revealed to the public thus far (prosecutors may have a lot more), I'm not convinced that this case merits the federal charge and shouldn't instead be charged as assault by the state of Texas.