Another stringent requirement during the process of application of this grant is the non existence or inadequacy of other nongovernmental organizations’ grants in handling hate crimes. The reason behind this is to ascertain that the grants supplement and not supplant one another. Lastly, the deadline for approval or rejection of these grants is outlined at thirty business days after reception of the application. All single jurisdictions cannot receive more than one hundred thousand dollars within the period of one year. The appropriations of these grants are supposed to be five million US dollars within any fiscal year.
Section four of the Act specifies the Grant program. In other words, it looks at some of the groups that have the power to authorize these grants. The Office of Justice Programs is the one given this mandate and it operates under the Department of Justice Programs. Additionally, care should be taken to ascertain that there are indeed adequate reforms available to deal with these. Section size of the Legislation looks at the prohibition of hate crimes. Here, the Act describes some of the punishments that an individual will face in case they are found guilty of such offences.
In Subsection one of the Act, anyone who may be found guilty of causing body harm to another individual willfully will be prosecuted and charged for their crime. In other words, when someone uses an incendiary device, a firearm, fire or actual harm to another owing to their color, race or any of the latter mentioned categories, then they are liable to imprisonment for a period of not greater than ten years or they are required to pay up a fine. In this section of the Act, directions are given on what to do in case a victim dies as a result of these crimes.
It is stated that the criminal may be susceptible to severing a life sentence. Additionally, the latter punishment is also plausible in the event that the crime constitutes kidnapping or it entails certain forms of sexual abuse or attempts to do the latter. Section six of the Act also defines some of the terms used in the Act, in other words, an incendiary device carries the same meaning as that asserted in sections 232 of this Act. The word firearm refers to the meaning created in section nine hundred and twenty one of the constitution.
Gender identity in this section of the constitution refers to the perceived or actual gender characteristics of a certain individual. (US Department of Justice, 2008) It should also be noted that in section six, there are specifications of the circumstances under which evidence may be expressed. Evidence in hate crime can only be admissible in court if it found that that evidence relates specifically to the case under consideration. However, when a witness has to be impeached, then these rules do not necessarily apply to him or her. Section seven of the Act looks at the severability of its application.
If it has been found that the person to who the latter amendment has been applied is not treated constitutionally, then all these requirements will not be deemed relevant with reference to that person. Conclusion The Matthews Sheppard Act 2007 was proposed in order to amend certain sections of previous hate crime laws. The most notable amongst them is the incorporation of persons with disability, gender identity or sexual orientation into the ACT. The second aspect is with regard to assistance offered to local law enforcement agencies by the attorney general.
Reference ADL (2007): Hate Crime Sentencing Act, retrieved from https://www.adl.org/