A type of crime that has gained significant attention in recent years is what is known as hate crime.  Although the first hate crime law in the United States was passed just after the Civil War, hate crimes did not gain significant attention until 1998 with the murders of James Byrd, Jr., and Matthew Shepard.

A hate crime is any crime motivated by the race, religion, ethnicity, nationality, gender, sexual orientation, or disability of the victim.  In the case of James Byrd, on June 7, 1998, in the town of Jasper, Texas, three men—Shawn Berry, Lawrence Brewer, and John King—tied Byrd to the back of a pick-up truck and drug him behind the truck for over three miles until he was dead.  James Byrd was 49 years old at the time of his death.

In the case of Matthew Shepard, two men—Russell Henderson and Aaron McKinney—offered Shepard a ride home in the early morning hours of October 7, 1998.  Henderson and McKinney instead drove Shepard to a remote location outside of their town of Laramie, Wyoming.  There they tortured Shepard, tied him to a fence, and left him to die.  Shepard was found during the day of October 7, but he died from his wounds the morning of October 12.  Matthew Shepard was 21 years old at the time of his death.

It was ruled in the trials related to the murders of James Byrd and Matthew Shepard that the crimes were motivated by what would be deemed hate of a particular group (African-Americans in the case of James Byrd and sexual orientation in the case of Matthew Shepard).  But none of the defendants were prosecuted under hate crime laws as such laws did not exist in Texas or Wyoming at the time of Byrd’s or Shepard’s murders.  Today, 45 states and the District of Columbia have hate crime laws.  In addition, hate crime laws have been expanded at the federal level as recently as 2009 with the passage of the National Defense Authorization Act for Fiscal Year 2010.

Hate crime laws do not make an action against another person illegal in and of themselves.  Rather, hate crime laws enhance the penalties against someone for committing a crime if it is ruled that the crime was motivated by hostility against one of the protected classes under hate crime legislation.  For example, assuming everything else is equal, if someone is robbed simply because the perpetrator of the crime needed the money, that perpetrator would not receive as harsh of a punishment as someone who robbed a person simply because of that person’s race.

Hate crime laws have received significant criticism because they appear to offer preferential treatment to certain individuals or groups of people over others.  But the Supreme Court of the United States has ruled that society as a whole is subject to greater harm and potentially retaliatory crimes when a crime is committed based on hostility against a protected class.  Hate crime laws are also criticized because the actions under hate crime laws are already considered criminal activities and if we simply exercised the full punishment available against those who commit such crimes there would be no need for hate crime laws.  For example, in the men who murdered James Byrd were already subject to the death penalty for the crime, regardless of the introduction of whether hate against a particular group served as motivation of a crime and made the crime worthy of more severe punishment.

If you believe you have been the victim of a hate crime or if you are being accused of having committed a crime that was motivated by hate of a protected class, you should speak with a criminal defense attorney immediately.

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The United States court system can be confusing and intimidating for anyone, especially when you are faced with legal trouble.

There are three basic types of courts in the United States.  They are the federal courts, the state courts, and the local courts.  The federal courts deal more with national cases backed by the Constitution of the United Sates.  The state courts deal with cases not covered by the Constitution but rather by each individual state’s laws.  Local courts deal with some state and some local laws.  For example, concerning crimes, if a person is being charged with a misdemeanor, their case will be tried local court.  If a person is being charged with a felony, their case will be tried in a state court.

At the bottom of the court system are the bankruptcy courts and some trial courts including probate court, family court, traffic court, juvenile court, justice of the peace courts, and municipal court.

Bankruptcy courts are designed for people with an excessive amount of debt to be relieved from most of their debt by liquidating their assets or reorganizing their financial situation in order to benefit the creditors they owe.

Probate courts deal with estates of the deceased.  They see that the deceased person’s last wishes are followed concerning the distribution of monies and property whether they had a will or not.

Family courts handle adoption, divorce, child custody, alimony, and child support cases.

Traffic courts handle minor violations of traffic law.

Juvenile courts handle cases involving juvenile delinquents under the age of 18-21.

Municipal courts are local or city courts.  They handle cases involving violations of city and state ordinances.

Justice of the peace courts handle minor violations outside the jurisdiction of the city government.  They sometimes handle small claims cases between two private parties involving small monetary amounts, usually under $5000.  They can also handle arraignments for criminal cases.  In smaller areas, the justice of the peace can act as a coroner and pronounce someone deceased.

The next courts up the ladder are the Bankruptcy Appellate Courts, United States District Courts, United States Tax Courts, United States Courts of International Trade, United States Courts of Federal Claims, United States Courts of Veteran’s Appeals, United States Court of Military Appeals, and the Criminal Appeals Courts, the United States Court of Appeals, the United States Court of Appeals for the Federal Circuit.

Bankruptcy Appellate Court is a panel of judges from the bankruptcy court system that are appointed to hear bankruptcy appeals cases under the Court of Appeals.

United States District Courts are state trial courts.  There are 94 District Courts in the United States.  Each state has at least one district court and the larger states have more than one.  Most federal cases begin at the District Court level.  They hear both civil and criminal cases.  In most cases the judge determines what the law is and the jury determines what information is factual.

United States Tax Courts deal with cases involving tax deficiencies.

United States Courts of International Trade deals with cases involving tariffs and disputes about international trade.

United States Courts of Federal Claims deals with suits filed against the government.

The United States Courts of Veteran’s Appeals handles cases concerning the denial of veteran’s benefits.

The United States Courts of Military Appeals handle three types of cases.  They review military cases from the Court of Criminal Appeals that involve a death sentence.  The second kind of case they handle are those sent by the Court of Criminal Appeals and it is requested by the judge to be reviewed by the United States Court of Military Appeals.  The last kind of case they review are those sent by the Court of Criminal Appeals in which the accused petitions to have the case reviewed and good cause for review is shown.

The Criminal Appeals Courts are state courts that hear felony appeals cases.

The United States Court of Appeals hears cases appealed from the district courts as well as appeals from federal administrative agencies.

United States Court of Appeals for the Federal Circuit is a unique court.  They hear cases not by geographical location, but rather by subject matter.  They hear appeals from all of the United States District Courts, appeals from administrative agencies, and appeals arising from certain statutes.  The judges that belong to the Court of Appeals for the Federal Circuit are appointed by the President of the United States.

The highest ranking court is the United States Supreme Court.  The Supreme Court has a Chief Justice and eight Associate Justices.  In order to become a member of the Supreme Court, you have to be nominated by the President of the United States and confirmed by the Senate.  The Supreme Court is mainly an appellate court but they hear all kinds of cases. 

What is the difference between a misdemeanor and a felony?

A misdemeanor is a minor crime and a felony is a more severe crime.  Every state is different in their laws regarding what is classified as a misdemeanor and what is a felony.  As a rule of thumb in the United States, a misdemeanor crime can result in no more than one year in jail.  Any crime that results in a harsher punishment than one year in jail is considered a felony.

How will I know if I am being charged with a misdemeanor or a felony?

When being charged with a crime, you will be given a written citation by a police officer or a complaint written by a prosecutor.  This will tell you what crime you are being charged with and whether the offense is classified as a misdemeanor or a felony.

What are some crimes that could result in a misdemeanor charge?

Some examples of misdemeanor charges include traffic offenses, littering, driving while intoxicated, check fraud, assault, disorderly conduct, criminal mischief, loitering, shoplifting, trespassing, soliciting sex, and stalking.  Misdemeanor crimes vary by state. Some of the crimes listed above may be classified as a misdemeanor in one state and a felony in another state.

What are some typical punishments for a misdemeanor?

Some punishments for committing a misdemeanor crime include a fine, community service, going to jail on the weekends, or being sentenced to a jail term of one year or less.  There could also be a combination of a fine and a jail term.

What do the different classes of a misdemeanor mean?

A misdemeanor has different classes or severities.  They are letter listed with a Class A Misdemeanor being the most severe and a Class C or D Misdemeanor being the least severe.  What constitutes a class A, B, C, or D Misdemeanor varies from state to state.

What are some crimes that could result in a felony charge?

Some examples of felony crimes include aggravated assault, robbery, fraud, blackmail, rape, child abuse, terrorist threats, arson, drug trafficking, and murder.  Again, every state is different on what they classify as a felony.  What might be classified as a felony in one state may be classified as a misdemeanor in another state.

What are some typical punishments for a felony charge?

Some punishments for a felony include large fines, a jail term ranging from one year to life, or the death penalty.

What do the different degrees of a felony mean?

There are many different degrees of a felony.  Each state is different concerning how many degrees they have.  The higher the degree number, the lesser the charge.  The lower the degree number, the more severe the charge.  For example, a lower charge is a 6^th Degree Felony and the most severe charge is a 1^st Degree Felony.

What is Probable Cause?

If a person is being arrested, the police must have probable cause.  This means they must have a good reason to arrest someone based on facts and events that led them to believe that a specific person committing a crime.

What are Miranda Rights?

The Miranda Rights originated from the 5^th Amendment of the United States Constitution protecting against the abuse of government authority in a legal procedure.

If a person is being taken into police custody and questioned about a crime, a police officer is required to read the Miranda rights.  The Miranda rights are to protect you from incriminating yourself; they let you know you have the right to an attorney, and that one can be appointed to you if you can not afford one.

The Miranda Rights say ‘You have the right to remain silent.  If you give up the right to remain silent, anything you do or say can be used against you in a court of law.  You have the right to an attorney.  If you need an attorney and can not afford one, an attorney will be assigned to you.  Do you understand these rights?’

What if a police officer does not read me the Miranda Rights before questioning me about a crime?

Anything you say to a police officer that can incriminate you is considered involuntary information until the officer reads you the Miranda Rights.  This means that anything that you say cannot be held against you, to prove your guilt, until your Miranda Rights have been read to you.

When does a police officer not have to read you the Miranda Rights?

A police officer does not have to read the Miranda Rights to you if you are not being taken into police custody.  They sometimes will ask you to answer questions voluntarily like your name and address in order to identify you.  An officer can also ask you to take a drug or alcohol test without reading your Miranda Rights.

What happens if I admit a crime to a police officer before my rights are read?

Anything you say concerning a crime before the Miranda Rights are read is considered involuntary.  It can not be used against you in a court of law.  This includes a confession or any potential evidence against you.

Can I be arrested without being read the Miranda Rights first?

Yes.  The Miranda Rights only protect you from incriminating yourself.  If the police have probable cause that you committed a crime then you can be arrested.  However, the police have to read the Miranda Rights before questioning a suspect concerning a crime.