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Legislative counsel tells Judiciary committee courts may hear uncharged hate‑crime evidence at sentencing
Summary
Ben Novogradski of the Legislative Council told the Judiciary Committee that Vermont follows a racial‑animus model for hate‑crime laws, and that courts can consider uncharged evidence at sentencing if defendants receive advance notice and the evidence is proved by a preponderance of the evidence.
Ben Novogradski, Legislative Council, told the Judiciary Committee that Vermont uses a racial‑animus approach to hate‑motivated crimes and that courts may consider uncharged evidence of bias at sentencing.
Novogradski said the three general statutory approaches states use are the racial‑animus model, a discriminatory‑selection model, and a “because of” (or “by reason of”) characteristics model. He described Vermont’s law as requiring proof that an offense was motivated by bias, bigotry or hatred.
Novogradski…
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