Misplaced Pages

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121-726: The bill also: 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 two white supremacists and a third man who had no racist background, dragged behind it, and decapitated in Jasper, Texas , in 1998. Shepard's murderers were given life sentences—in large part because his parents sought mercy for his killers. Two of Byrd's murderers were sentenced to death and executed in 2011 and 2019, respectively, while

242-571: 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. 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 convicted under the Act. A second man involved in the same incident

363-532: A barrister, is the principal legal adviser to the government and holds the office of a minister. The Attorney-General's Office is also responsible for the drafting of legislation, and vetting of all contracts or agreements of which the government is a party, including international agreements, treaties or conventions. In Nepal , the attorney general is the chief legal adviser of the Government of Nepal as well as its chief public prosecutor. An Attorney General

484-439: A bipartisan coalition introduced the bill in the Senate on April 28; it had 43 cosponsors as of June 17, 2009. The Matthew Shepard Act was adopted as an amendment to S.1390 by a vote of 63–28 on July 15, 2009. On October 22, 2009, the Senate passed the act by a vote of 68–29. President Obama signed the measure into law on October 28, 2009. On October 26, 2018, just over 20 years after his death, Shepard's ashes were interred at

605-603: A first-year political science major at the University of Wyoming in Laramie with a minor in languages, and was chosen as the student representative for the Wyoming Environmental Council. Shepard was an Episcopalian and once served as an altar boy in the church. He was described by his father as "an optimistic and accepting young man who had a special gift of relating to almost everyone. He

726-434: A gay-bashing victim is to present an incomplete account of his victimization: "Keeping Matthew as the poster boy of gay-hate crime and ignoring the full tragedy of his story has been the agenda of many gay-movement leaders. Ignoring the tragedies of Matthew's life prior to his murder will do nothing to help other young men in our community who are sold for sex, ravaged by drugs, and generally exploited." In June 2019, Shepard

847-443: A high school trip to Morocco . This caused him to experience depression and panic attacks, according to his mother. One of Shepard's friends feared that his depression had driven him to become involved with drugs during his time at college. Multiple times, Shepard was hospitalized due to his clinical depression and suicidal ideation. On the night of October 6, 1998, Shepard was approached by Aaron McKinney and Russell Henderson at

968-630: A human barrier between the two groups. Angel Action was founded by Patterson in April 1999. In the years following her son's death, Judy Shepard has worked as an advocate for LGBTQ rights , particularly issues relating to gay youth. She was a main force behind the Matthew Shepard Foundation , which she and her husband, Dennis, founded in December 1998. Gay rights activist John Stoltenberg has said that to portray Shepard as

1089-636: A late-night attack in April 2011 at Kingdom Come State Park, near Cumberland. The push came from the gay-rights group Kentucky Equality Federation , whose president, Jordan Palmer , began lobbying the U.S. Attorney for the Eastern District of Kentucky in August 2011 to prosecute after stating he had no confidence in the Harlan County Commonwealth's Attorney to act. "I think the case's notoriety may have derived in large part from

1210-743: A legal system which is partially derived from the common law tradition, share a common provenance. In Australia , the attorney-general is the chief law officer of the Crown and a member of the Cabinet . The Attorney-General is the minister responsible for legal affairs, national and public security, and the Australian Security Intelligence Organisation . Mark Dreyfus is the current Attorney-General. The Australian states each have separate attorneys-general , who are state ministers with similar responsibilities to

1331-621: A long time. The Hon. Marlene Malahoo Forte , QC, MP is the new Attorney General of Jamaica as of March 7, 2016. In Kenya the Attorney General is the Principal Legal Adviser to the Government and ex officio Member of Parliament and Cabinet . His duties include the formulation of legal policy and ensuring proper administration of Kenya's legal system including professional legal education. Assisting

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1452-656: A police officer. Shepard's murder continued to attract public attention and media coverage long after the trial was over. In 2004, the ABC News news program 20/20 aired a report that quoted statements by McKinney, Henderson, Price, Rerucha, and a lead investigator. The statements alleged that the murder had not been motivated by Shepard's sexuality but was primarily a drug-related robbery that had turned violent. Price said she had lied to police about McKinney having been provoked by an unwanted sexual advance from Shepard, telling TV journalist Elizabeth Vargas , "I don't think it

1573-530: A suspect class, whereas Texas had no hate crime laws at all. Supporters of an expansion of hate crime laws argued that hate crimes are worse than regular crimes without a prejudiced motivation from a psychological perspective. The time it takes to mentally recover from a hate crime is almost twice as long as it is for a regular crime, and LGBTQ people often feel as if they are being punished for their sexuality, which leads to higher incidence of depression, anxiety, and post-traumatic stress disorder . They also cited

1694-541: A term that also originates from French (" major-général ") and also has a postpositive adjective, it also appears incorrectly as "attorney generals" . While Steven Pinker writes: "So if you are ever challenged for saying attorney-generals, mother-in-laws , passerbys ... you can reply, 'They are the very model of the modern major general' " (a reference to the Major-General's Song , from the operetta The Pirates of Penzance ). The modern title of major general

1815-419: A variety of French, which was spoken in the law courts, schools, universities and in sections of the gentry and the bourgeoisie, the term relating to government was introduced into English. The phrase attorney general is composed of a noun followed by the postpositive adjective general and as other French compounds its plural form also appears as "attorneys generals" . As compared to major generals ,

1936-402: A year due to their sexual orientation. Victims often experience severe depression, a sense of helplessness, low self-esteem, and frequent suicidal thoughts. Gay youth are two to four times more likely to be threatened with a deadly weapon at school and miss more days of school than their heterosexual peers. Further, they are two to seven times more likely to attempt suicide. Some feel these issues,

2057-481: Is a military rank in which the word "general" is not used as an adjective but as a noun, which can be pluralized. In modern public discourse, attorneys general are often referred to or addressed as “general”. In this construction, the word “general” is an adjective, and its use as a noun is incorrect. Attorneys general, despite carrying the title of "general", are not military officers and carry no rank. Attorneys-General in common law jurisdictions, and jurisdictions with

2178-489: Is also the principal public prosecutor in the country, and is also known as the Public Prosecutor. He has the power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a court-martial. The current Attorney-General of Malaysia is Idris Harun since 2020. In Mauritius , the attorney-general, who should be

2299-651: Is appointed by the President on recommendation of the Prime Minister . The Attorney General's Office is a constitutional body under the Constitution of Nepal (2015) . For a person to be eligible for the post of Attorney General, they must also be qualified to be appointed as a judge of the Supreme Court . In New Zealand , the attorney-general is the chief law officer and primary legal advisor of

2420-690: Is headed by an Administrative Officer.) Crimes and offences are prosecuted at the suit of the Secretary of Justice. The Secretary of Justice, appointed by the Chinese government on the advice of the Chief Executive of Hong Kong , is an ex officio member of the Executive Council of Hong Kong . The position is normally held by a legal professional , and was, before July 2002, a civil service position. The Attorney General for India

2541-543: Is not personally involved with prosecutions; however, some prosecutions (e.g. riot ) cannot be commenced without their consent, and they have the power to halt prosecutions generally. Criminal prosecutions are the responsibility of the Crown Prosecution Service , headed by the Director of Public Prosecutions . The Attorney General may appeal cases to the higher courts where, although the particular case

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2662-755: Is settled, there may be a point of law of public importance at issue. The Attorney General's deputy is the Solicitor General for England and Wales . Under the Government of Wales Act 2006 , the Counsel General is the chief legal adviser to the Welsh Government . Since the prorogation of the Parliament of Northern Ireland in 1972, the Attorney General for England and Wales was also Attorney General for Northern Ireland. The separate office of Attorney General for Northern Ireland

2783-408: Is such an attorney. Although a government may designate some official as the permanent attorney general, anyone who came to represent the state in the same way could, in the past, be referred to as such, even if only for a particular case. Today, however, in most jurisdictions, the term is largely reserved as a title of the permanently appointed attorney general of the state, sovereign or other member of

2904-703: Is the Indian government 's chief legal advisor, and is its principal Advocate before the Supreme Court of India . They are appointed by the President of India on the advice of the Union Cabinet under Article 76(1) of the Constitution and hold office during the pleasure of the President. The current Attorney General for India is R. Venkataramani . The Mission of the Office of the Attorney General

3025-502: Is the legal adviser to the government of the Republic of Singapore and its public prosecutor . The current Attorney-General is Lucien Wong. The attorney-general of Sri Lanka is the chief legal adviser of the Government of Sri Lanka and head of the attorney-general department which is the public prosecutor . As of 10 October 2019 , the Attorney General of Sudan is Tag el-Sir el-Hibir . The office of Attorney General

3146-545: Is the head of the public prosecution from the state, the person who advises the government in legal matters, the person who represents the state's authorities in the courts, and advises in preparation of law memoranda of the government in general and the Justice Minister in particular (likewise he examines and advises for private proposals for a law of Knesset members). This is a position which existed in Jamaica for

3267-511: Is to provide the highest standard of professional legal services to Government, Departments and Offices. The Attorney General of Ireland is the legal adviser to the Government and is therefore the chief law officer of the State. The Office of the Attorney General, is made up of a number of different offices: Since the enactment of the Prosecution of Offenses Act 1974 the responsibility for

3388-972: Is unnecessary, and that, rather, it would prevent religious organizations from expressing their beliefs openly (although the bill only refers to violent actions, not speech.) The bill passed the House on April 29, 2009, by a vote of 249–175, with support from 231 Democrats and 18 Republicans, including Republican Main Street Partnership members Judy Biggert (IL), Mary Bono Mack (CA), Joseph Cao ( LA ), Mike Castle (DE), Charlie Dent ( PA ), Lincoln Díaz-Balart ( FL ), Mario Díaz-Balart (FL), Rodney Frelinghuysen ( NJ ), Jim Gerlach (PA), Mark Kirk (IL), Leonard Lance (NJ), Frank LoBiondo (NJ), Todd Russell Platts (PA), Dave Reichert ( WA ), and Greg Walden ( OR ) along with Bill Cassidy (LA), Mike Coffman ( CO ), and Ileana Ros-Lehtinen (FL). On April 30, 2009, Rep. Todd Tiahrt (R- KS ) compared

3509-728: The AFL–CIO , the American Medical Association , the American Psychological Association , and the NAACP . A November 2001 poll indicated that 73% of Americans were in favor of hate-crime legislation covering sexual orientation. The LLEHCPA was introduced in substantially similar form in each Congress since the 105th Congress in 1999. The 2007 bill expanded on the earlier versions by including transgender provisions and making it explicit that

3630-680: The Boston Celtics and the Washington Wizards , and he would come out as gay following the season. After Collins joined the Brooklyn Nets in 2014, NBA marketing reported high interest in his "98" jersey and high sales once the item became available for purchase. The Meaning of Matthew: My Son's Murder in Laramie, and a World Transformed , is a 2009 biographical book by Judy Shepard about her son. Judy Shepard speaks about her loss, her family memories of Matthew, and

3751-473: The Cabinet . The Minister of Justice is concerned with questions of policy and their relationship to the justice system. In their role as attorney general, they are the chief law officer of the Crown . A separate cabinet position, the Minister of Public Safety ( Ministre de la Sécurité publique ), formerly the "Solicitor General", administers the law enforcement agencies (police, prisons, and security) of

Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act - Misplaced Pages Continue

3872-574: The International Association of Chiefs of Police , the National Sheriffs Association and 31 state Attorneys General supported the bill and that the impact hate violence has on communities justified federal involvement. The bill was immediately referred to the full Judiciary Committee , where it passed by a vote of 15–12 on April 23, 2009. On April 28, 2009, Rep. Mike Honda ( D - CA ) claimed that if

3993-622: The Senate Judiciary Committee held a hearing on the bill. Attorney General Eric Holder testified in support of the bill, the first time a sitting Attorney General has ever testified in favor of the bill. During his testimony, Holder mentioned his previous testimony on a nearly identical bill to the senate in July 1998 (the Hate Crimes Prevention Act of 1998, S. 1529), just months before Matthew Shepard

4114-553: 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. Matthew Shepard Matthew Wayne Shepard (December 1, 1976 – October 12, 1998) was an American student at

4235-646: The University of Dubuque Theological Seminary; Janet Langhart , whose play was premiering at the United States Holocaust Museum at the time of the shooting earlier in the month; and Michael Lieberman of the Anti-Defamation League also testified in favor of the bill. Gail Heriot of the United States Commission on Civil Rights and Brian Walsh of The Heritage Foundation testified in opposition to

4356-523: The University of Wyoming who was beaten, tortured, and left to die near Laramie on the night of October 6, 1998. He was taken by rescuers to Poudre Valley Hospital in Fort Collins, Colorado , where he died six days later from severe head injuries received during the attack. Suspects Aaron McKinney and Russell Henderson were arrested shortly after the attack and charged with first-degree murder following Shepard's death. Significant media coverage

4477-400: The attorney general ( pl. : attorneys general ) or attorney-general ( AG or Atty.-Gen ) is the main legal advisor to the government . In some jurisdictions, attorneys general also have executive responsibility for law enforcement , prosecutions or even responsibility for legal affairs generally. In practice, the extent to which the attorney general personally provides legal advice to

4598-496: The etymology of the phrase Attorney General , Steven Pinker writes that the earliest citation in the Oxford English Dictionary is from 1292: "Tous attorneyz general purrount lever fins et cirrographer" (All general attorneys may levy fines and make legal documents). The phrase was borrowed from Anglo-Norman French when England was ruled by Normans after the conquest of England in the 11th-century. As

4719-473: The County Attorney's office, they were calling the media and indicating Matthew Shepard is gay and we don't want the fact that he is gay to go unnoticed." Tina Labrie, a close friend of Shepard's, said "[Boulden and Trout] wanted to make [Matt] a poster child or something for their cause". Boulden linked the attack to the absence of a Wyoming criminal statute providing for a hate crimes charge. In

4840-502: The Defense bill passed on July 23, 2009. As originally passed, the House version of the defense bill did not include the hate crimes legislation, requiring the difference to be worked out in a conference committee . On October 7, 2009, the conference committee published the final version of the bill, which included the hate crimes amendment; the conference report was then passed by the House on October 8, 2009. On October 22, 2009, following

4961-483: The Fireside Lounge in Laramie; all three men were in their early 20s. McKinney and Henderson offered to give Shepard a ride home. They subsequently drove to a remote rural area and proceeded to rob, pistol-whip , and torture Shepard, tying him to a split-rail fence and leaving him to die. It was erroneously reported by the news that he had been tied to a barbed wire fence . Many media reports contained

Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act - Misplaced Pages Continue

5082-617: The Hate Crimes Statistics Act which allowed the government to count the incidence of hate crimes based on religion, race, national origin, and sexual orientation. However, a sentence was added onto the end of bill stating that federal funds should not be used to "promote or encourage homosexuality". 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

5203-461: The House of Representatives on May 3, 2007. Similar legislation passed in the Senate on September 27, 2007 ( S. 1105 ), however then-President George W. Bush indicated he would veto the legislation if it reached his desk. The Democratic leadership dropped the legislation in response to opposition from conservative groups and Bush, and because the measure was attached to a defense bill there

5324-585: The Kentucky Equality Federation efforts," said Kerry Harvey, the U.S. Attorney for the Eastern District of Kentucky. Mable Jenkins and Alexis Jenkins pleaded guilty. In 2016, for the first time the Justice Department used the Act to bring criminal charges against a person for selecting a victim because of their gender identity. In that case Joshua Brandon Vallum plead guilty to murdering Mercedes Williamson in 2015 because she

5445-785: The New Zealand government. The Attorney-General is the Minister responsible for the Crown Law Office, the Parliamentary Counsel Office, and the Serious Fraud Office. Historically, the post could be held either by a politician or by a senior jurist, but today, it is invariably held by a member of Parliament . The Attorney-General attends Cabinet , but the post is not the same as the Minister of Justice . By tradition, persons appointed to

5566-700: The Parliament. This institution originates from the time of the British rule, and was preserved even after the independence of Cyprus in 1960 due to the Anglo-Saxon law which continues to exist in Cyprus, as in other Commonwealth states. In Fiji , the role of the attorney general is defined as "providing essential legal expertise and support to the Government". More specific functions include "legislative drafting", "legal aid", "the prerogative of mercy" (advising

5687-528: The President), "liquor licensing" and "film censorship". The current Attorney General is Aiyaz Sayed-Khaiyum . In January 2008, he sparked controversy by accepting other government positions in addition to his role as attorney general. Sayed-Khaiyum is currently responsible also for "Public Enterprise, Electoral Reform and Anti-Corruption". An article in the Fiji Times pointed out that "never before in

5808-533: The State shall be taken— (a) in the case of civil proceedings, in the name of the attorney general; (b) in the case of criminal proceedings, in the name of the State. The attorney general for England and Wales is similarly the chief law officer of the Crown in England and Wales, and advises and represents the Crown and government departments in court. In practice, the Treasury Solicitor (who also has

5929-596: The U.S. Commission on Civil Rights wrote a letter stating their opposition to the bill, citing concerns of double jeopardy . 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

6050-419: The amendment passed the U.S. Senate by a vote of 65–33, it was later removed by conference committee. The bill was introduced for the fourth time into the House on March 30, 2007, by Conyers. The 2007 version of the bill added gender identity to the list of suspect classes for prosecution of hate crimes. The bill was again referred to the Subcommittee on Crime, Terrorism and Homeland Security . The bill passed

6171-415: The amendment was later removed in conference with the House. On July 20, 2009, Sessions introduced Amendment 1616, "the soldiers amendment," to extend hate crimes protections to personnel of the armed forces and their immediate family members, saying "This amendment would create a new Federal crime which puts members of the U.S. military on equal footing with other protected classes." Sen. Carl Levin affirmed

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6292-443: The ashes of a national figure at the cathedral since Helen Keller 's 50 years earlier. Matthew Shepard's life, death, trial, and its aftermath have inspired numerous works , including documentary and narrative films and television shows, stage plays (such as The Laramie Project ), and musical and written works. Additionally, NBA player Jason Collins wore the jersey number "98" in honor of Shepard during his 2012–13 season with

6413-487: The attorney general in the performance of his duties as principal legal adviser to the government are: The Hon. Justice (Rtd) Paul Kihara Kariuki is the current Attorney-General of Kenya as of April 2018. In Kiribati , the attorney general is defined by section 42 of the Constitution as "the principal legal adviser to the Government". The Constitution specifies: "No person shall be qualified to hold or to act in

6534-463: The back of his head and in front of his right ear. He experienced severe brainstem damage, which affected his body's ability to regulate his heart rate , body temperature , and other vital functions . There were also about a dozen small lacerations around his head, face, and neck. His injuries were deemed too severe for doctors to operate. Shepard never regained consciousness and remained on full life support . While he lay in intensive care and in

6655-444: The bill to the novel Animal Farm and claimed it would harm free speech. Rep. George Miller (D-CA) and Rep. Dutch Ruppersberger (D- MD ) both announced that they were unable to be present for the vote, but had they been present they would each have voted in favor. Conversely, Rep. Michael Burgess (R- TX ) claimed federal law was already sufficient to prevent hate crimes and said that had he been present he would have voted against

6776-474: The bill were passed it may help prevent the murders of transgender Americans, such as the murder of Angie Zapata . Conversely, Rep. Steve King ( R - IA ) claimed that the bill was an expansion of a category of "thought crimes" and compared the bill to the book Nineteen Eighty-Four . That same day, the House Rules Committee allowed one hour and 20 minutes for debate. The bill then moved to

6897-525: The bill. On October 8, 2009, the House passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act as part of the conference report on Defense Authorization for fiscal year 2010. The vote was 281–146, with support from 237 Democrats and 44 Republicans. The bill again proceeded to the Senate, where it was again introduced by Kennedy on April 28, 2009. The Senate version of the bill had 45 cosponsors as of July 8, 2009. On June 25, 2009,

7018-602: The bill. The Matthew Shepard Act was adopted as an amendment to S. 1390 (the National Defense Authorization Act for Fiscal Year 2010) by a 63–28 cloture vote on July 15, 2009. At the request of Senator Jeff Sessions (an opponent of the Matthew Shepard Act), an amendment was added to the Senate version of the hate crimes legislation that would have allowed prosecutors to seek the death penalty for hate crime murders, though

7139-481: The committee. It was reintroduced by Rep. Conyers in the 108th and 109th congresses (on April 22, 2004, and May 26, 2005, respectively). As previously, it died both times when it failed to advance in committee. Similar legislation was introduced by Sen. Gordon H. Smith (R–OR) as an amendment to the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( S. 2400 ) on June 14, 2004. Although

7260-606: The crypt of Washington National Cathedral . The ceremony was presided over by the first openly gay Episcopal bishop Gene Robinson , and the Bishop of Washington the Right Reverend Marianne Edgar Budde . Music was performed by the Gay Men's Chorus of Washington, D.C. ; GenOUT; and Conspirare , which performed Craig Hella Johnson 's Considering Matthew Shepard . His was the first interment of

7381-455: The days following the attack, candlelight vigils were held in countries around the world. Shepard was pronounced dead six days after the attack at 12:53 a.m. on October 12, 1998. He was 21 years old. McKinney and Henderson were arrested and initially charged with attempted murder , kidnapping , and aggravated robbery . After Shepard's death, the charges were upgraded from attempted murder to first-degree murder, which meant that

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7502-432: The death penalty. Shepard's parents brokered a deal that resulted in McKinney receiving two consecutive life terms without the possibility of parole. Henderson and McKinney were incarcerated in the Wyoming State Penitentiary in Rawlins and were later transferred to other prisons because of overcrowding. Following her testimony at McKinney's trial, Price pleaded guilty to a reduced charge of misdemeanor interference with

7623-423: The defense bill, Senate Majority Leader Harry Reid delayed the votes on the hate crime amendment and the defense bill until September. The bill passed the Senate on September 27, 2007, as an amendment to the Defense Re-authorization bill. The cloture vote was 60–39 in favor. The amendment was then approved by voice vote. President Bush indicated he might veto the DoD authorization bill if it reached his desk with

7744-406: The federal government. For the attorneys-general of the various provinces of Canada see: The Attorney General of the Republic is an independent official of the Republic of Cyprus , head of the Legal Service of the state.[1] He is the legal advisor of the Government of Cyprus.[1] Hierarchically, it is the 3rd highest institution of the state, after the President of the Republic and the President of

7865-427: The federal minister with respect to state law. Functions of the state and federal attorneys-general include the administration of the selection of persons for nomination to judicial posts, and authorizing prosecutions. In normal circumstances, the prosecutorial powers of the attorney-general are exercised by the Director of Public Prosecutions and staff; however, the attorney-general maintains formal control, including

7986-589: The fence in near-freezing temperatures, McKinney and Henderson returned to town. McKinney proceeded to pick a fight with two men, 19-year-old Emiliano Morales and 18-year-old Jeremy Herrara. The fight resulted in head wounds for both Morales and McKinney. Police officer Flint Waters arrived at the scene of the fight. He arrested Henderson, searched McKinney's truck, and found a blood-smeared gun along with Shepard's shoes and credit card. Henderson and McKinney later tried to persuade their girlfriends to provide alibis for them and help them dispose of evidence. Still tied to

8107-484: The fence, Shepard was in a coma eighteen hours after the attack when he was discovered by Aaron Kreifels, a cyclist who initially mistook Shepard for a scarecrow . Reggie Fluty, the first police officer to arrive at the scene, found Shepard alive but covered in blood. Shepard was transported first to Ivinson Memorial Hospital in Laramie before being moved to the more advanced trauma ward at Poudre Valley Hospital in Fort Collins, Colorado . He had suffered fractures to

8228-419: The following session of the Wyoming Legislature, a bill was introduced that defined certain attacks motivated by a victim's sexual orientation as hate crimes. The measure failed on a 30–30 tie in the Wyoming House of Representatives . President Bill Clinton renewed attempts to extend federal hate crime legislation to include gay people, women, and people with disabilities . A Hate Crimes Prevention Act

8349-437: The free speech or free exercise clauses of, the First Amendment to the Constitution ". Senator Jeff Sessions , among other senators, was concerned that the bill would not protect all individuals equally. Senator Jim DeMint of South Carolina spoke against the bill, saying that it was unnecessary, that it violated the 14th Amendment , and that it would be a step closer to the prosecution of " thought crimes ". Four members of

8470-402: The full House, for debate. During the debate, Rep. Jan Schakowsky (D- IL ) claimed that the bill would help prevent murders such as those of spree killer Benjamin Nathaniel Smith and would take "an important step" towards a more just society. After the vote, Rep. Trent Franks (R- AZ ) claimed that equal protection regardless of status is a fundamental premise of the nation and thus the bill

8591-410: The government varies between jurisdictions, and even between individual office-holders within the same jurisdiction, often depending on the level and nature of the office-holder's prior legal experience. Where the attorney general has ministerial responsibility for legal affairs in general (as is the case, for example, with the United States Attorney General or the Attorney-General for Australia , and

8712-548: The graphic account of the pistol-whipping and his fractured skull. Reports described how Shepard was beaten so brutally that his face was completely covered in blood, except where it had been partially cleansed by his tears. The assailants' girlfriends testified that neither McKinney nor Henderson was under the influence of alcohol or other drugs at the time of the attack. McKinney and Henderson testified that they learned of Shepard's address and intended to steal from his home as well. After attacking Shepard and leaving him tied to

8833-556: The hate crimes legislation attached. Ultimately, the amendment was dropped by the Democratic leadership because of opposition from antiwar Democrats, conservative groups, and Bush. In late 2008, then-President-elect Barack Obama 's website stated that one of the goals of his new administration would be to see the bill passed. Conyers introduced the bill for the fifth time into the House on April 2, 2009. In his introductory speech, he claimed that many law enforcement groups, such as

8954-642: The history of this nation has the Attorney-General held a portfolio dealing with matters other than the law and the judiciary", and criticised the decision. The Secretary for Justice, known as the attorney-general before the handover of Hong Kong in 1997, is the legal adviser to the Hong Kong Government and heads the Department of Justice . They are assisted by five law officers, namely: (The Administration and Development Division

9075-416: The incident. Under existing United States federal law and Wyoming state law, crimes committed on the basis of sexual orientation could not be prosecuted as hate crimes. A few hours after Shepard was discovered, his friends Walt Boulden and Alex Trout began to contact media organizations, claiming that Shepard had been assaulted because he was gay. According to prosecutor Cal Rerucha, "They were calling

9196-480: The intent of the amendment before a roll call vote was called. The Soldiers Amendment passed unanimously in the Senate and eventually became 18 USC §1389 after the Matthew Shepherd Act was made law. The bill won the support of five Republicans: Susan Collins ( ME ), Dick Lugar ( IN ), Lisa Murkowski ( AK ), Olympia Snowe ( ME ), and George Voinovich ( OH ). The bill passed the Senate when

9317-561: The investigation have criticized Jimenez's conclusions, while other police said that there was evidence that drugs were an important factor that led to the murder. Members of the Westboro Baptist Church , led by Fred Phelps , received national attention for picketing Shepard's funeral with signs bearing homophobic slogans, such as "Matt in Hell" and "God Hates Fags". Church members also mounted anti-gay protests during

9438-603: The law should not be interpreted to restrict people's freedom of speech or association. 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

9559-487: The legislation into law. Following their son's murder, Dennis and Judy Shepard became LGBTQ rights activists and established the Matthew Shepard Foundation . Shepard's murder inspired a number of films, novels, plays, songs, and other works , including The Laramie Project ( a 2000 play and 2002 film ) and Judy Shepard's 2009 memoir The Meaning of Matthew . Matthew Shepard was born in 1976 in Casper, Wyoming ; he

9680-716: The office of Attorney-General unless he is qualified to practise in Kiribati as an advocate in the High Court." The current Attorney General, as of 2016, was the Honourable Tetiro Semilota, until her nomination as Acting Chief Justice in October 2022. In Malaysia the attorney-general or Peguam Negara (as he is referred to in Bahasa Melayu ) is the principal legal adviser to the Government. He

9801-809: The office was abolished and its functions taken over by the Secretary of Justice. Since then, the Solicitor General of the Philippines, previously the second law officer, has been the principal law officer and legal defender of the Philippine Government . The Office of the Solicitor General is the law firm of the Republic of the Philippines. It is tasked with representing the Philippines, the Philippine Government, and all its officials in any litigation or matter requiring

9922-464: The position of Attorney-General have been lawyers. Only two former attorneys-general have not been lawyers, most recently Dr Michael Cullen who held the post in 2005, and again from 2006. The Attorney-General of Pakistan is the legal adviser to the government of the Pakistan and its public prosecutor . The Attorney General of the Philippines was an office that existed from 1901 until 1932, when

10043-459: The power to initiate and terminate public prosecutions and take over private prosecutions. Statutory criminal law provides that prosecutions for certain offences require the individual consent of the attorney-general. This is generally for offences whose illegality is of a somewhat controversial nature or where there is perceived to be a significant risk that prosecutions of a political nature may be embarked upon. The Attorney-General also generally has

10164-429: The power to issue certificates legally conclusive of certain facts (e.g., that the revelation of certain matters in court proceedings might constitute a risk to national security); the facts stated in such certificates must be accepted by the courts and cannot legally be disputed by any parties. The Attorney-General also has the power to issue a nolle prosequi with respect to a case, which authoritatively determines that

10285-714: The prosecution of indictable criminal offences is mostly in the hands of the Director of Public Prosecutions who is by law independent of the attorney general and the State. The current attorney general is Rossa Fanning , SC . In the Isle of Man , the Attorney General is a Crown appointment (appointed by the UK government) and sits in the Legislative Council of the Isle of Man , ' ex officio '. The Attorney General of Israel

10406-482: The request of fans following her tours at the time. In 1999, American singer-songwriter Melissa Etheridge released the song " Scarecrow " in Shepard's memory, from her sixth studio album Breakdown . In 2006, American metal band Trivium released the song " And Sadness Will Sear ", which was written as a tribute and reminder about Shepard's murder. Attorney General In most common law jurisdictions,

10527-408: The respective attorneys general of the states in each country), the ministerial portfolio is largely equivalent to that of a Minister of Justice in some other countries. The term was originally used to refer to any person who holds a general power of attorney to represent a principal in all matters. In the common law tradition, anyone who represents the state, especially in criminal prosecutions,

10648-465: The response to Shepard's murder by many LGBT people, especially youth, who reported going back into the closet , fearing for their safety, experiencing a strong sense of self-loathing, and upset that the same thing could happen to them because of their sexual orientation. 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

10769-546: The royal family. Civil law jurisdictions have similar offices, which may be variously called "public prosecutor general", "procurators", " advocates general ", "public attorneys", and other titles. Many of these offices also use "attorney general" or "attorney-general" as the English translation of the title, although because of different historical provenance, the nature of such offices is usually different from that of attorneys-general in common law jurisdictions. In regard to

10890-689: The same scale as Matthew Shepard's murder, violent incidences against gays and lesbians occur frequently. Gay and lesbian people are often verbally abused, assaulted both physically and sexually, and threatened not just by peers and strangers, but also by family members. One study of 192 gay men aged 14–21 found that approximately 1/3 reported being verbally assaulted by at least one family member when they came out and another 10% reported being physically assaulted. Gay and lesbian youth are particularly prone to victimization. A nationwide study of over 9,000 gay high school students revealed that 24% of gay men and 11% of gay women reported being victimized at least ten times

11011-439: The services of a lawyer especially before appellate courts. It is an independent and autonomous office attached to the Department of Justice for budgetary purposes. In Samoa , the attorney general is the legal adviser to the government. Since 2016, the current attorney general is Lemalu Hermann Retzlaff (whose father Misa Telefoni Retzlaff also served as attorney general from 1986 to 1988) The Attorney-General of Singapore

11132-573: The societal stigma around homosexuality and fear of bias-motivated attack, lead to gay men and women, especially teenagers, becoming more likely to abuse drugs such as marijuana and cocaine and alcohol, have unprotected sex with multiple sexual partners, find themselves in unwanted sexual situations, have body image and eating disorders, and be at higher risk for STDs and HIV/AIDS. The Act was supported by thirty-one state Attorneys General and over 210 national law enforcement, professional, education, civil rights, religious, and civic organizations, including

11253-467: The state (in whose name prosecutions are brought) does not wish to prosecute the case, so preventing any person from doing so. For the attorneys-general of the various states and territories of Australia see: The Attorney General of Canada ( French : Procureur général du Canada ) is a separate title held by the Canadian Minister of Justice ( Ministre de la Justice ), a member of

11374-444: The subcommittee by voice vote and the full House Judiciary Committee by a vote of 20–14. The bill then proceeded to the full House, where it was passed on May 3, 2007, with a vote of 237–180 with Representative Barney Frank , one of two openly gay members of the House at the time, presiding. The bill then proceeded to the U.S. Senate , where it was introduced by Senator Ted Kennedy and Senator Gordon Smith on April 12, 2007. It

11495-934: The summer of 1994, and Shepard's parents subsequently resided at the Saudi Aramco Residential Camp in Dhahran . During that time, Shepard attended the American School in Switzerland (TASIS), from which he graduated in May 1995. There, he participated in theater, and took German and Italian courses. He then attended Catawba College in North Carolina and Casper College in Wyoming , before settling in Denver , Colorado . Shepard became

11616-403: The third was sentenced to life in prison. All the convictions were obtained without the assistance of hate crimes laws, since none were applicable at the time. The murders and subsequent trials brought national and international attention to the desire to amend U.S. hate crime legislation at both the state and federal levels. Wyoming hate crime laws at the time did not recognize homosexuals as

11737-431: The title of Procurator General) normally provides the lawyers or briefs Treasury Counsel to appear in court, although the attorney general may appear in person. The person appointed to this role provides legal advice to the Government, acts as the representative of the public interest and resolves issues between government departments. The attorney general has supervisory powers over the prosecution of criminal offences, but

11858-535: The tragic event that changed the Shepards' lives and America. The Meaning of Matthew follows the Shepard family in the days immediately after the crime to see their incapacitated son, kept alive by life support machines; how the Shepards learned of the huge public response, the candlelit vigils and memorial services for their child; and their struggles to navigate the legal system. American musician Tori Amos frequently dedicated her 1998 song "Merman" to Shepard, at

11979-523: The trials of Henderson and McKinney. In response, Romaine Patterson , one of Shepard's friends, organized a group that assembled in a circle around the Westboro Baptist Church protesters. The group wore white robes and gigantic wings (resembling angels ) that blocked the protesters. Despite this, Shepard's parents were able to hear the protesters shouting anti-gay remarks and comments directed toward them. The police intervened and created

12100-572: The two defendants were eligible for the death penalty . Their girlfriends, Kristen Price and Chasity Pasley, were charged with being accessories after the fact . At McKinney's November 1998 pretrial hearing, Sergeant Rob Debree testified that McKinney had stated in an interview on October 9 that he and Henderson had identified Shepard as a robbery target and pretended to be gay to lure him out to their truck, and that McKinney had attacked Shepard after Shepard put his hand on McKinney's knee. Detective Ben Fritzen testified that Price stated McKinney told her

12221-509: 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 years, while crimes involving kidnapping , sexual assault , or murder can bring life in prison . In 1990, Congress passed

12342-548: The violence against Shepard was triggered by how McKinney "[felt] about gays". In December 1998, Pasley pleaded guilty to being an accessory after the fact to first-degree murder. On April 5, 1999, Henderson avoided going to trial when he pleaded guilty to murder and kidnapping charges. In order to avoid the death penalty, he agreed to testify against McKinney and was sentenced by District Judge Jeffrey A. Donnell to two consecutive life terms . At Henderson's sentencing, his lawyer argued that Shepard had not been targeted because he

12463-656: The words "white power" and the acronym "KKK" on his body. A third man in June 2011, entered a guilty plea to conspiracy to commit a federal hate crime. All three men were charged under the Act in December 2010. On March 15, 2012, the Kentucky State Police assisted the FBI in arresting David Jenkins, Anthony Jenkins, Mable Jenkins, and Alexis Jenkins of Partridge , Kentucky, for the beating of Kevin Pennington during

12584-536: Was a hate crime at all." Rerucha said, "It was a murder that was once again driven by drugs." Stephen Jimenez , the producer of the 2004 20/20 segment, went on to write a book, The Book of Matt: Hidden Truths About the Murder of Matthew Shepard , which was published in September 2013. The book said that Shepard and McKinney—the killer who inflicted the injuries—had been occasional sex partners and that Shepard

12705-543: Was a lack of support from antiwar Democrats. On December 10, 2007, congressional powers attached bipartisan hate crimes legislation to a Department of Defense Authorization bill, although it failed to pass. Nancy Pelosi , Speaker of the House, said she was "still committed to getting the Matthew Shepard Act passed". Pelosi planned to get the bill passed in early 2008 although she did not succeed. Following his election as president, Barack Obama stated that he

12826-490: Was a methamphetamine dealer. Jimenez wrote that Fritzen told an interviewer "Matthew Shepard's sexual preference or sexual orientation certainly wasn't the motive in the homicide...". Many commentators have criticized Jimenez's views on the attack by classifying them as being sensational and misleading, criticisms which were shared by gay advocacy organizations and cultural critics. Some commentators, however, have spoken up to defend them. Some police that were involved in

12947-443: Was committed to passing the act. The U.S. House of Representatives debated expansion of hate crimes legislation on April 29, 2009. During the debate, Representative Virginia Foxx of North Carolina called the "hate crime" labeling of Shepard's murder a "hoax". Foxx later called her comments "a poor choice of words". The House passed the act, designated H.R. 1913 , by a vote of 249 to 175. Ted Kennedy , Patrick Leahy , and

13068-460: Was driven to temporary insanity by alleged sexual advances by Shepard. This defense was rejected by the judge. McKinney's lawyer stated that the two men wanted to rob Shepard but never intended to kill him. Rerucha argued that the killing had been premeditated, driven by "greed and violence", rather than by Shepard's sexual orientation. The jury found McKinney not guilty of premeditated murder but guilty of felony murder and began to deliberate on

13189-549: Was established in Tonga in 1988, and was held jointly with the portfolio of Justice Minister until the two were separated in 2009. The Attorney General is defined as the "Chief Legal Advisor to Government". According to the Constitution of Trinidad and Tobago, the supreme law of the nation, The Attorney General shall be responsible for the administration of legal affairs in Trinidad and Tobago and legal proceedings for and against

13310-404: Was gay. McKinney's trial took place in October and November 1999. Prosecutor Cal Rerucha alleged that McKinney and Henderson pretended to be gay to gain Shepard's trust. Price, McKinney's girlfriend, testified that Henderson and McKinney had "pretended they were gay to get [Shepard] in the truck and rob him." McKinney's lawyer attempted to put forward a gay panic defense , arguing that McKinney

13431-602: Was given to the murder and what role Shepard's sexual orientation played as a motive for the crime, as he was gay . The prosecutor argued that the murder of Shepard was premeditated and driven by greed . McKinney's defense counsel countered by arguing that he had intended only to rob Shepard but killed him in a rage when Shepard made a sexual advance toward him. McKinney's girlfriend told police that he had been motivated by anti-gay sentiment , but later recanted her statement, saying that she had lied because she thought it would help him. Henderson pleaded guilty to murder, and McKinney

13552-419: Was introduced as federal bipartisan legislation in the U.S. Congress , sponsored by Democrat John Conyers with 171 co-sponsors. It would amend the existing federal hate crimes definition and expand it to cover gender, sexual orientation, gender identity, or disability, and require reporting by the FBI of those crimes included in the expansion. Shepard's parents attended the introduction ceremony. The bill passed

13673-593: Was introduced in both the United States Senate and House of Representatives in November 1997, and reintroduced in March 1999, but was passed by only the Senate in July 1999. In September 2000, both houses of Congress passed such legislation; however, it was stripped out in conference committee . On March 20, 2007, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act ( H.R. 1592 )

13794-480: 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 developmentally disabled man of Navajo descent. A second man entered a guilty plea to conspiracy to commit a federal hate crime. The two men were accused of branding the victim, shaving a swastika into his head, and writing

13915-457: Was murdered. According to CNN , Holder testified that, "more than 77,000 hate crime incidents were reported by the FBI between 1998 and 2007, or 'nearly one hate crime for every hour of every day over the span of a decade.'" Holder emphasized that one of his "highest personal priorities ... is to do everything I can to ensure this critical legislation finally becomes law". Reverend Mark Achtemeier of

14036-760: Was one of the inaugural 50 American "pioneers, trailblazers, and heroes" inducted on the National LGBTQ Wall of Honor within the Stonewall National Monument (SNM) in New York City 's Stonewall Inn . The SNM is the first U.S. national monument dedicated to LGBTQ rights and history , and the wall's unveiling was timed to take place during the 50th anniversary of the Stonewall riots . Requests for new legislation to address hate crimes gained momentum during coverage of

14157-499: Was referred to the Senate Judiciary Committee . The bill died when it failed to advance in the Senate committee. On July 11, 2007, Kennedy attempted to introduce the bill again as an amendment to the Senate Defense Re-authorization bill ( H.R. 1585 ). The Senate hate crime amendment had 44 cosponsors, including four Republicans. After Republicans staged a filibuster on a troop-withdrawal amendment to

14278-544: Was the first of two sons born to Judy (née Peck) and Dennis Shepard . His younger brother, Logan, was born in 1981. The two brothers had a close relationship. Shepard attended Crest Hill Elementary School , Dean Morgan Junior High School , and Natrona County High School for his freshman through junior years. As a child, he was "friendly with all his classmates", but was targeted and teased due to his small stature and lack of athleticism. He developed an interest in politics at an early age. Saudi Aramco hired his father in

14399-426: Was the type of person who was very approachable and always looked to new challenges. Shepard had a great passion for equality and always stood up for the acceptance of people's differences." Michele Josue, who had been Shepard's friend and later created a documentary about him, Matt Shepard Is a Friend of Mine, described him as "a tenderhearted and kind person." In 1995, Shepard was abducted, beaten and raped during

14520-413: Was transgender, in violation of the Act. In 2017, he was "sentenced to 49 years in prison and fined $ 20,000 for killing his ex-girlfriend because she was transgender." The Justice Department reported that "[t]his is the first case prosecuted under the Hate Crimes Prevention Act involving a victim targeted because of gender identity." The constitutionality of the law was challenged in a 2010 lawsuit filed by

14641-545: Was tried and found guilty of murder; each of them received two consecutive life sentences . Shepard's murder brought national and international attention to hate crime legislation at both the state and federal level. In October 2009, the United States Congress passed the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act (commonly the "Matthew Shepard Act" or "Shepard/Byrd Act" for short), and on October 28, 2009, President Barack Obama signed

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