The Volokh Conspiracy
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"Hate Crime, Terrorism Charges Filed in Chicago Shooting of Jewish Man Walking to Synagogue"
ABC 7 Chicago (Digital Team and Maher Kawash) reports:
Sidi Mohammed Abdullahi, 22, already faces 14 felony counts, including attempted first-degree murder, aggravated battery, and attempted murder of a police officer, after allegedly shooting a Jewish man walking to synagogue Saturday morning. The victim was wearing a kippah, a traditional Jewish head covering also known as a yarmulke.
Police said Abdullahi shot him without saying a word. Roughly 30 minutes later, the incident escalated when Abdullahi reportedly opened fire on five first responders. Police fired back, shooting him multiple times….
"We will never do things just based on belief. We need proof," [CPD Supt. Larry Snelling] said. "Evidence from the offender's phone indicated he planned the shooting and specifically targeted people of Jewish faith."
Four days ago, NBC Chicago and other outlets reported (though third-hand) that,
According to the Jewish United Fund, police said during a meeting with the group Monday that Abdallahi shouted "Allahu Akbar" while firing at officers, leading some to believe the attack may have been motivated by hate.
By the way, I'm not a fan of hate-crime enhancements, though I agree with the Court that they are constitutional if they apply to crimes where the victim is selected based on race, religion, national origin, sex, sexual orientation, and the like (see Wisconsin v. Mitchell (1993)). Certainly in a case such as this one, ordinary attempted first-degree murder charges would strike me as adequate to the job. Nonetheless, such enhancements have become quite standard; against that background, failing to charge anti-Semitic crimes as hate crimes would itself be discriminatory.
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