Who are Matthew Shepard and James Byrd Jr?
The Act is named after Matthew Shepard and James Byrd Jr., victims of hate crimes. Matthew Shepard was a gay student who was beaten to death in Wyoming in 1998.
What happened to James Byrd Jr?
On June 7, 1998, James Byrd Jr. accepted a ride from three white men, who beat him, chained him to the back of a truck and dragged him to his death. His brutal murder made national headlines, with two of the assailants drawing the death penalty.
What happened to Matthew Shepard?
Matthew Shepard died from severe injuries he sustained in a gay-related hate crime attack. His death set off a nationwide debate about hate crimes and homophobia that ultimately led to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009).
What is the Matthew Shepard and James Byrd Jr Hate Crimes Act?
After years of defeat, Congress finally passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which U.S. President Barack Obama signed into law. This historic civil rights legislation, codified as 18 U.S.C. §249, gave the FBI wide latitude to investigate hate crimes without the barriers included in §245.
What happened Matt Shepard?
Suspects Aaron McKinney and Russell Henderson were arrested shortly after the attack and charged with first-degree murder following Shepard's death....Matthew ShepardDiedOctober 12, 1998 (aged 21) Fort Collins, Colorado, U.S.Cause of deathMurder (blunt force trauma)Resting placeWashington National Cathedral4 more rows
Where is James Byrd Jr buried?
Jasper City Cemetery, Jasper, TXJames Byrd, Jr. / Place of burial
Is Shawn Berry still alive?
As of 2020, Berry was living in protective custody at the Texas Department of Criminal Justice's Ramsey Unit, and will be first eligible for parole when he is 63 years old in June 2038.
Was Jasper Texas a true story?
Jasper, Texas is a 2003 American made-for-television drama film directed by Jeffrey W. Byrd. The teleplay by Jonathan Estrin is based on a true story and focuses on the aftermath of a crime in which three white men from the small town of Jasper, Texas, killed African American James Byrd Jr.
What did Lawrence Russell Brewer do?
HUNTSVILLE - As the sisters of his victim watched solemnly but dry-eyed, Lawrence Russell Brewer was executed Wednesday for the 1998 Jasper dragging murder of James Byrd Jr. - a racially motivated killing that stunned the nation. He was the first of two Byrd killers scheduled to be put to death.
Where is John William King buried?
According to prison officials, King's body will be cremated, and a friend or family member has up to 30 days to claim his remains. If that does not happen, his remains will be buried at the prison in Huntsville.
How many hate crimes were committed in 1991?
According to FBI statistics, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% sexual orientation bias, 14% ethnicity bias, and 1% disability bias. Although not necessarily on the same scale as Matthew Shepard's murder, violent incidences against gays and lesbians occur frequently.
When was the conference report passed?
On October 22, 2009, following a 64–35 cloture vote, the conference report was passed by the Senate by a vote of 68–29. The bill was signed into law on the afternoon of October 28, 2009, by President Barack Obama.
When was the hate crime bill passed?
The bill passed the Senate on September 27, 2007, as an amendment to the Defense Reauthorization bill.
Who was James Byrd Jr.?
James Byrd Jr. was an African American man who was murdered by white supremacists in Texas in 1998. [Last updated in July of 2020 by the Wex Definitions Team] wex.
What is the 2009 hate crime law?
This 2009 Act represented an expansion to the hate crime laws of 1968 and 1996, as detailed by the Department of Justice, here. Importantly, the Mathew Shepard and James Byrd Jr. Hate Crimes Prevention Act expanded the definition of hate crimes to include gender, disability, gender identity, or sexual orientation.
What happened to Shepard after he was assaulted?
After the assault, Shepard sought therapeutic treatment but had flashbacks, panic attacks and nightmares. He continued to experience periods of paranoia, depression, anxiety and suicidal ideation for the remainder of his short life.
What was the name of the bill that led to the death of James Byrd?
His death set off a nationwide debate about hate crimes and homophobia that ultimately led to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009).
What happened to Kitty Genovese?
In 1964, Kitty Genovese was brutally attacked and left to die near her home in Queens, New York. Her murder and its aftermath contributed to the social psychological phenomenon called the bystander effect.
Where was the funeral of Shepard?
Funeral and Public Responses. Shepard’s memorial service was held at St. Mark's Episcopal Church in Casper, Wyoming on October 16, 1998, and was attended by over 700 people (many had to stand outside in the snow), including friends and family from around the world.
Did McKinney and Henderson have a hate crime?
Despite the anti-gay rhetoric spouted by McKinney and Henderson throughout the trials that ultimately led to their life sentences for Shepard’s murder, they were not charged with a hate crime. As a result, Shepard’s high-profile murder case sparked protests, vigils and calls for federal legislation to protect LGBT victims of violence.
Who killed James Byrd Jr?
Murder of James Byrd Jr. James Byrd Jr. (May 2, 1949 – June 7, 1998) was an African-American man who was murdered by three white supremacists in Jasper, Texas, on June 7, 1998. Shawn Berry, Lawrence Brewer, and John King dragged him for three miles (five kilometers) behind a pickup truck along an asphalt road.
How many children did James Byrd have?
After graduating from high school, he married and had three children: Renee, Ross, and Jamie. He worked as a vacuum salesman. Ross Byrd, the only son of James Byrd Jr., has been involved with "Murder Victims' Families for Reconciliation", an organization that opposes capital punishment.
How long did the Three Men drag Byrd to the truck?
Instead of taking Byrd home, the three men took Byrd to a remote county road out of town, beat him severely, spray-painted his face, urinated and defecated on him, and chained him by his ankles to their pickup truck before dragging him for about three miles (five kilometers).
What were the traditions of the Byrd murder?
Numerous aspects of the Byrd murder echo lynching traditions that were common in the post-Civil War south. These include mutilation or decapitation and revelry, such as a barbecue or a picnic, either during or after a lynching. Byrd's murder was strongly condemned by Jesse Jackson and the Martin Luther King Center as an act of vicious racism and it also focused national attention on the prevalence of white supremacist prison gangs.
Where was James Byrd Jr. born?
Victim. James Byrd Jr. was born on May 2, 1949, in Jasper County, Texas, the third of nine children, to Stella Mae (1925–2010) and James Byrd Sr. (1924–2020). His mother was a Sunday School teacher and his father was a deacon at the Greater New Bethel Church.
Why did Bush not attend Byrd's funeral?
Bush 's presidential campaign in 2000. They accused Bush of implicit racism, since as governor of Texas, he opposed hate-crime legislation. Also, citing a prior commitment, Bush did not appear at Byrd's funeral. Because two of the three murderers were sentenced to death and the third murderer was sentenced to life in prison (all three of them were charged with and convicted of capital murder, the highest felony level in Texas), Governor Bush maintained, "we don't need tougher laws". The 77th Texas Legislature passed the James Byrd Jr. Hate Crimes Act. With the signature of Governor Rick Perry, who inherited the balance of Bush's unexpired term, the act became Texas state law in 2001. In 2009, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act expanded the 1969 United States federal hate-crime law to include crimes which are motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability.
Who were the two teens arrested for desecrating James Byrd Jr.'s grave?
In May 2004, two white teens, Joshua Lee Talley and John Matthew Fowler, were arrested and charged with criminal mischief for desecrating James Byrd Jr.'s grave with racial slurs and profanities.
Why do sexual orientation crimes go unreported?
It is widely recognized that violent crimes on the basis of sexual orientation often go unreported due to fear and stigmatization.
How many hate crimes were reported in 2008?
Evidence indicates that hate crimes are underreported; however, statistics show that from 1991 – 2008 over 100,000 hate crime offenses have been voluntarily reported to the Federal Bureau of Investigation, with 9,168 reported in 2008, the Federal Bureau of Investigation’s most recent reporting period.
When was the hate crime bill passed?
On April 29, 2009, the House of Representatives passed hate crimes legislation (H.R. 1913) by a vote of 249-175. On July 16, 2009, the Senate voted 63-28 to proceed with hate crimes legislation (S. 909) as an amendment (S. Amdt. 1511) to the Department of Defense (DoD) authorization bill (S. 1390).
What did James Byrd do after his death?
Following Byrd’s death, his family established the James Byrd Foundation for Racial Healing, which conducts diversity workshops, offers scholarships to people of color and runs an oral history project with more than 2,600 personal stories about racism.
When did James Byrd Jr. get the death penalty?
On June 7, 1998 , James Byrd Jr. accepted a ride from three white men, who beat him, chained him to the back of a truck and dragged him to his death. His brutal murder made national headlines, with two of the assailants drawing the death penalty.
What laws did the Byrd family pass?
On May 11, 2001, Texas Governor Rick Perry signed the James Byrd Hate Crimes Act into law, "strengthening penalties for crimes motivated by a victim's race, religion, color, sex, disability, sexual preference, age or national origin" in the state of Texas. The Byrd family also worked with Matthew Shepard's family to pass the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act , which was signed into law on October 28, 2009, by President Barack Obama, with two of Byrd’s sisters, Louvon Harris and Betty Boatner, by his side. Activism surrounding Byrd’s murder drove these laws into place, effectively recognizing the importance of prosecuting violence motivated by racism and other bias-related crimes.
How long did the three men drag Byrd down the road?
Wrapping a chain around his ankles, they dragged him down an asphalt road for over three miles. Byrd managed to stay conscious while being dragged until his head and right arm were severed by a culvert.
What city was the cemetery where Byrd's mother is buried?
On January 20, 1999, townspeople celebrated as the wrought-iron fence that had separated the graves of Black and white people in Jasper City Cemetery (where Byrd and his mother are buried) since 1836 was torn down.
When did Byrd return to Jasper?
Byrd and his wife divorced in 1993, and he returned to Jasper in 1996 and set out to improve his life by entering Alcoholics Anonymous. His friends and family described him as a friendly father and grandfather who was charismatic, musically talented and generally well liked.
Where was James Byrd born?
Born on May 2, 1949, in Beaumont, Texas, James Byrd Jr. was the third of eight children. His parents, Stella and James Byrd Sr., raised the family in an East Texas community called Jasper, and their lives revolved around church. While Byrd's mother served as a Sunday School teacher, his father was a deacon at the Greater New Bethel Baptist Church.
Where was James Byrd Jr. killed?
A section of Huff Creek Road in Jasper, Texas, where James Byrd Jr., a black man, was dragged to death. John William King, the convicted ringleader in Byrd's death, was executed on Wednesday. A section of Huff Creek Road in Jasper, Texas, where James Byrd Jr., a black man, was dragged to death.
What happened to King and Byrd?
King was convicted for the dragging death of James Byrd Jr. in the summer of 1998. Pat Sullivan/AP. Instead of taking him home, they took him to a small clearing out in the woods. After offering him a drink, Brewer and King set upon Byrd, beating him, taunting him, urinating on him. They used a baseball bat.
How old was James Byrd when he was in a pickup truck?
Twenty-one years ago, in the east Texas town of Jasper, 49-year-old James Byrd Jr. was walking home late on a Saturday night when three white men in a pickup truck pulled up beside him. The African American man was well-known and well-liked in the town of Jasper. And when the driver, Shawn Berry, offered to give Byrd a ride, Byrd hopped in — after all, he'd known the driver most of his life.
What happened to John William King?
On Wednesday evening, John William King was executed at the Huntsville Prison in Huntsville, Texas, for his role in the gruesome and racist murder of James Byrd Jr. in the summer of 1998.
When did James Byrd Jr. walk home?
Amiable and disabled, James Byrd Jr. just happened to be walking home to his apartment that early Sunday morning on June 7, 1998.
Who killed James Byrd Jr.?
Convicted killer John William King is escorted from the Jasper County Courthouse in 1999 after being found guilty of capital murder in the dragging death of James Byrd Jr. King was executed Wednesday evening.#N#David J. Phillip/AP hide caption
Who was the dragging death of James Byrd Jr.?
It was a fatal mistake. James Byrd Sr. and his granddaughter Renee Mullins (right) react to the sentencing of John William King to death in Jasper, Texas. King was convicted for the dragging death of James Byrd Jr. in the summer of 1998.
Are Hate Crime Laws needed?
Federal Hate Crime Laws in 1998
- Despite the high-profile nature of the Byrd Jr. and Shepard cases, the individuals responsible were not investigated and prosecuted by the Federal Bureau of Investigation (FBI), but rather, by local law enforcement officials. The FBI was constrained from taking the lead in the investigation by the provisions of the existing U.S. federal hate crime law in effect in 1998. The statute available t…
State Hate Crime Laws
- In the immediate aftermath of the deaths of Byrd Jr. and Shepard, state legislatures were inundated with requests from lobbyists, non-governmental organizations, community groups, and others to pass hate crime laws or revise existing statutes to include more protected classes or at least include a sentencing enhancement provision addressing the bias motivation. While it is we…
Hate Crime Training and Enforcement
- Sadly, the murders of Byrd Jr. and Shepard are not the only tragedies related to bias and hate, but other bias-related crimes have continued to spark changes and additions to U.S. state and federal criminal laws. There have been thousands of other victims of religious bias, disability bias, race bias and ethnic bias throughout the United States who...
Proposed Solutions
- Law enforcement agencies generally operate under the premise that they and the individuals they are sworn to serve and protect need to trust each other. If the community trusts the police to do the right thing, then the community will share information with law enforcement and report criminal activity because they believe that the department and its officers will respond appropria…
Overview
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act is an American Act of Congress, passed on October 22, 2009, and signed into law by President Barack Obama on October 28, 2009, as a rider to the National Defense Authorization Act for 2010 (H.R. 2647). Conceived as a response to the murders of Matthew Shepard and James Byrd Jr., both in 1998, the measure expands the 1969 …
Origin
The Act is named after Matthew Shepard and James Byrd Jr. Shepard was a student who was tortured and murdered in 1998 near Laramie, Wyoming. The attack was widely reported due to him being gay, and the trial employed a gay panic defense. Byrd was an African American man who was tied to a truck by three white supremacists, dragged behind it, and decapitated in Jasper, Texas, in 1998. Shepard's murderers were given life sentences—in large part because his parents sought …
Background
The 1968 federal hate-crime law (18 U.S.C. § 245(b)(2)) extends to crimes motivated by actual or perceived race, color, religion, or national origin, and only while the victim is engaging in a federally protected activity, like voting or going to school. Penalties, under both the existing law and the LLEHCPA (Local Law Enforcement Hate Crimes Prevention Act, originally called the "Local Law Enforcement Enhancement Act"), for hate crimes involving firearms are prison terms of up to 10 y…
Opposition
James Dobson, founder of the socially conservative Focus on the Family, opposed the Act, arguing that it would effectively "muzzle people of faith who dare to express their moral and biblical concerns about homosexuality". However, H.R. 1592 contains a "Rule of Construction" which specifically provides that "Nothing in this Act...shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by the free speech or fre…
Legislative progress
106th Congress The bill (S. 622) was introduced by Senator Edward Kennedy. It was referred to the Judiciary Committee.
The bill was first introduced into the 107 Congress's House of Representatives on April 3, 2001, by Rep. John Conyers and was referred to the Subcommittee on Crime. The bill died when it failed to advance in the committee.
Enforcement
In May 2011, a man in Arkansas pleaded guilty under the Act to running a car containing five Hispanic men off the road. As a result, he became the first person ever convicted under the Act. A second man involved in the same incident was later convicted under the Act; his appeal of that conviction was denied on August 6, 2012.
In August 2011, one man in New Mexico pleaded guilty to branding a swastika into the arm of a de…
Court challenges
The constitutionality of the law was challenged in a 2010 lawsuit filed by the Thomas More Law Center; the lawsuit was dismissed.
William Hatch, who pleaded guilty to a hate crime in the New Mexico case, also contested the law on Constitutional grounds. The Tenth Circuit Court of Appeals heard the case (U.S. v. Hatch) and upheld the conviction on June 3, 2013.
See also
• David Ray Hate Crimes Prevention Act (2007)
• Emmett Till Antilynching Act (2022)