In the emotional aftermath of the Trayvon Martin who was killed last year, Attorney general Eric Holder noted the improbability of the filing of hate crimes against federal charges admitted shooter George Zimmerman.
"For a federal hate crime, we must prove to the highest level in the law," Holder in April 2012, said 45 days after Zimmerman from the African-American teenager in what was represented by groups of civil rights as a racist murder.
In terms that today premonitory sound, Holder described to journalists than how day "" something that was reckless, which was negligent does not meet this criterion. ".
"We must show that there was a specific intent to commit a crime with the required mindset," he said.
The acquittal of murder the State and charges of involuntary manslaughter, Zimmerman Saturday showed the Florida jury rejected that it was intending to kill Martin for a reason, including racial motivation to federal charges that he violated the civil rights of Martin.
The Department of Justice has opened an investigation into l'affaire Zimmerman last year, and a statement of the Agency said Sunday that it was underway and will now provide the evidence and the testimony of the trial in Florida.
In his speech Monday in Washington, Holder said the Justice Department would "continue to act in a manner that is consistent with the facts and the law" in consideration of what he called "death tragic and unnecessary shooting of Trayvon Martin.". "
"Regardless of the legal decision that will be made, I believe that this tragedy gives another opportunity for our nation to speak honestly about the loaded emotions and complex issues raised by this case", said Mr. Holder.We must not - as we have too often in the past - let pass this opportunity."
In addition, the White House said president Barack Obama would play no role in the decision about if federal charges are filed.
"Affairs are worn on the merits and benefits are evaluated by professionals of the Ministry of Justice," the spokesman of the White House Jay Carney told journalists.
The president called Sunday Martin killing a tragedy for America, but said in a written statement that the jury had spoken. He acknowledged the case had "aroused strong passions", but urged "calm reflection".
However, the political pressure for a federal case goes.
Demonstrators across the country call Zimmerman be punished, and hundreds of thousands of people have signed petitions online by the National Association for the advancement of colored people (NAACP) that rely on federal charges.
However, legal experts are the same item is media last year saying that the law limit the options of the federal Government.
Because Zimmerman is a private citizen, he cannot be charged with a hate crime in terms of violations of civil rights under federal law, said David Weinstein, a former federal prosecutor in Florida, who is now in private practice.
To continue successfully Zimmerman, the Department of Justice ought to demonstrate that Zimmerman "" has caused the death of Trayvon Martin only motivated by / because of his race or color ", Weinstein told CNN by e-mail, adding:" this element was absent from the State test, and frankly, there is no. ' "
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CNN legal analyst Paul Callan decided Monday that federal prosecutors are "in a sort of predicament.". The statue of hate crimes is usually applied to cases involving police officers or other agents of the State, Callan said, adding that its use in a case involving a solitary private citizen is ' ' very, very rare and I think in this case, it will be very difficult to prove. ".
A federal crimes hate abuse in a murder leads to a maximum term of imprisonment to life. Even if the federal charges were identical at the expense of the State, this would not be double jeopardy for Zimmerman because the federal Government is a separate and sovereign entity.
Those who seek federal charges say that racist murder, arguing that Zimmerman, a neighborhood watch volunteer, targeted Martin for special consideration because the teenager was an African-American. Regardless of the manner in which the shooting took place, they say, the fight took place because of the race of Martin.
"The most basic of civil rights - the right to the"