Hate Crimes Essay, Research Paper

Aaron McKinney, found guilty for the murder of Matthew Shepard,

avoided the death penalty. Shepard?s lawyer agreed to a deal that

McKinney?s lawyer proposed giving Aaron McKinney life imprisonment

rather than the death penalty.

Aaron McKinney, a 21 year-old drop out and drug dealer, beat openly

gay college student Matthew Shepard and left him to die on the prairie.

Russel Henderson, the first to be convicted for the murder of Matthew

Shepard, pleaded guilty earlier this year. McKinnery was convicted on

November 6th of this year for murder, aggravated robbery and kidnapping

for luring Shepard from a local bar, robbing him of twenty dollars,

lashing him to a fence and cracking his skull with blows from a pistol.

McKinney was sentenced to life in prison without parole and promising

never to appeal his convictions. ?I would like nothing better than to see

you die, Mr. McKinney, but now is the time to begin the healing

process.? Shepard?s father, Dennis, said in court. Investigators stated that

the main motive was robbery, but because Shepard was gay he was

singled out. McKinney?s lawyer argued that McKinney snapped during a

drunken-drug induced rage after a sexual advance by Shepard triggered

memories of a childhood homosexual assault. Information from past

articles on this case have shown that McKinney?s lawyer tried to use a

?gay-panic? defense stating that it was the action of Shepards sexual

advance that triggered his actions and not because of the fact that Shepard

was gay. The ?gay-panic? defense was shot down by District Judge

Barton Voigt.

The father of the murdered stated that ?this was a hate-crime, pure

and simple, with the added ingredient of robbery.? He also asked

Congress to pass a stronger hate-crime law. The statements by Shepard?s

father shows how hate-crime trials effect the administration of justice

because it shows how there is a greater need for harsher penalties

connected with hate-crimes. It could make the administration think and

ask the question: Should hate-crime offenders have stricter penalties to

face? Questions like this could slow down the trial system making the

expenses of the trial rise. This case could also have a strong effect on our

societies. Cases like this could make people more confident in judicial

system, knowing that people who commit hate-crimes will get harsh

sentences. It could also show the criminals in our societies how harsh the

penalties for a hate-crime can be, maybe persuading them not to commit

these crimes at all. A case like this could also make people more scared

because of the fact that there are these kind of people out there that will

commit these kinds of serious crimes. Homosexuals in our societies can

also look at this case as a step forward, showing that a ?gay-panic? or

?homosexual-panic? defense will not be an excuse for committing a

murder.

There are many insights that I have gained by studying this case. The

first being the ?gay-panic? issue. I have learned that today in many states and

courts will not accept this defense as an excuse for an assault or murder.

Another insight that I have learned is how the prosecutor and the defense can

make deals so the criminal will get a less serious punishment. I have learned

how this case can effect the administration of justice and the people in our

societies in many ways shapes and forms.

?Shepard?s killer to go to prison.? Times Union 5 Nov. 1999: A3.