[Congressional Record (Bound Edition), Volume 146 (2000), Part 9]
[Senate]
[Pages 12175-12176]
[From the U.S. Government Publishing Office, www.gpo.gov]



                         HATE CRIMES AMENDMENT

  Mr. GRAMS. Mr. President, as hate-crimes legislation was recently 
debated and voted on by the United States Senate, I would like to 
briefly explain my vote on this issue. I believe that all victims of 
crime, and most certainly victims of violent crime, are deserving of 
special status. After due process has been afforded and guilt 
determined, perpetrators of crimes should be punished speedily for the 
peace of the community and to bring some measure of resolution for the 
victim. However, creating different classifications of victims, and 
rendering punishment based upon such classifications threatens the 
notion of ``Equal Justice Under Law,'' the principle that adorns the 
United States Supreme Court building and should suffuse our entire 
legal system.
  Violence itself, whether motivated by hate, revenge, greed, lust, 
envy, or some other evil motivation, threatens the peace of our 
communities and our citizens' sense of security. The Kennedy amendment 
would include minor crimes against property within the definition of 
hate crimes, but would not

[[Page 12176]]

have included such heinous acts as the Oklahoma City federal building 
bombing, or the school shooting at Columbine High School, both of which 
left lasting, painful memories for the local communities in Oklahoma 
and Colorado, and even the Nation as a whole.
  Rather than focusing on the particular motivation of the criminal, 
Congress and the states should provide law enforcement officials the 
resources necessary to fully prosecute all crimes. The diligent 
enforcement of existing laws will serve as an effective deterrent 
against criminal acts motivated by bigotry and hate, or any other 
distasteful compulsion. A more comprehensive strategy than what is 
embodied in the Kennedy amendment is warranted in light of the fact 
that in 1998 there were 16,914 murders committed in the United States 
(an average of 46 every day), and of the 16,914, only thirteen were 
deemed to be hate crimes.
  I supported the Hatch amendment, which studies how extensive the hate 
crimes problem is and whether these heinous crimes are being fairly and 
aggressively prosecuted in the same manner as other similar crimes. I 
also welcome the Justice Department technical and financial assistance 
to states which need help in pursuing and identifying hate crimes. This 
is a far better role for the federal government than moving to 
federalize all state actions against hate crimes.
  The Kennedy amendment also raised concerns by experts about 
constitutionality. Ultimately, it threatened to create more problems in 
the criminal justice system than it purported to solve, and I 
consequently voted ``no'' on the amendment and yes on the more 
reasonable Hatch amendment. I pledge to my constituents that I will 
support aggressive state prosecution of hate crimes, and I will 
continue to work to maintain safe communities, including actively 
supporting legislation that furthers that end.

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