On the recordJune 20, 2000
Supporters of the Kennedy amendment want to enact a broad federalization of all hate-motivated crimes because, they argue, some State and local authorities are unable to investigate and prosecute hate crimes because of the lack of resources. My amendment will solve this problem by establishing a grant program to provide financial assistance to State and local jurisdictions for the investigation and prosecution of hate crimes. Supporters of the Kennedy amendment also argue that we should make a Federal case out of every hate-motivated crime because some States and locales are unwilling to engage in the fight against hate crimes. There is little or no evidence, however, that shows that States and localities are being derelict in their duties to enforce the law. The Shepard and Byrd cases, however, both were fully prosecuted by local authorities who sought and obtained convictions. In the Byrd case, local prosecutors obtained the death penalty--something that would not be permitted under the Kennedy amendment.
Source
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