12-30-2013, 09:22 PM
(12-30-2013, 01:24 PM)ramseycat Wrote: Again, 10 years is not nearly enough. LWOP since he is a racist asshole and that will never change.
I think the knock-out artists should get more than a slap on the wrist too, rams. Barrett and all of the others.
But, being a racist asshole isn't a crime.
In this case, assault is the crime. Targeting a person for the assault specifically because he was of a certain race, religion, or sexual orientation makes this a "hate crime" according to federal prosecutors.
But, I think Barrett's statement itself could work against prosecutors with a savvy defense attorney arguing that hate wasn't what motivated the assault, but rather a desire for attention (with the attorney then possibly tying that need for attention into the bipolar).
Plus, his attorney will definitely challenge the constitutionality of the 2009 hate crime statute; that's par for the course. I think the statute has held up against such challenges in other hate crime cases, but I can see where a defense attorney could poke holes in the rationale behind it. Congress passed it claiming it fell under the umbrella of the 13th Amendment, which outlawed slavery, because hate crimes laws help eradicate badges of slavery.
Anyway, I hate that this asshole is getting the attention he seeks, but am interested in following how the case plays out in court.