Hate Crimes

A 2005 study conducted by National Institute of Justice, found that the Federal Government and all but one state, Wyoming, have laws related to hate crimes. A consistent problem identified by this study is there in no consistency in defining what constitutes a hate crime. (Carrie F. Mulford, Ph.D., & Michael Shively, Ph.D., Hate Crime in America: The Debate Continues, 257, Nat’l Inst Just., (2007). “The Federal Bureau of Investigation defines hate crime—also called bias crime—as “a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.” ld.

The topic of hate crime is so controversial because there can be different perspectives on the whole issue, which can eventually cause a massive huge debate on the entire matter. In Ben Gillis article called Understanding Hate Crime Statutes and Building Towards a Better System in Texas, the author separates his points in a way that can give the reader a better way of understanding the Hate Crime laws and the effects of it. Gillis’s way of dissecting the article is extremely effective due to the fact that not only he explains what exactly a hate crime is in its basic form but he also explains hate crime in its entirety, and he also shows how some states adapt to the whole issue. People may ask in what way does it make it in a sense “illegal”

“Darkness cannot drive out darkness; only light can do that. Hate cannot drive out hate; only love can do that” (Martin Luther King Jr). Hate crimes are a big problem in the world today and need to be stopped. To end hate crimes people need to learn to look past what is on the outside of a person and learn to love what it on the inside. In the selection, Why We Need to Tolerate Hate by Wendy Kaminer, Kaminer emphasizes what hate crimes are and how they are treated differently than other crimes. Since hate crimes are a problem in the world today, we need to understand if hate crime prosecution is prosecution of thought and belief, the change of hate crime laws over time, and the way that the prosecution of hate crimes has changed over time.

The phrase “Hate Crime” rose to prominence in the 1980s, in an attempt to describe crimes against someone based on their race or religion. These crimes were motivated, at least in part and sometimes in entirety, by bias against African Americans and Jews. Since that time, the term has expanded to include illegal acts against a person, organization, and their property based on the criminal’s bias against the victim’s minority class. These minority classes include race and ethnicity, sexual orientation, religion, disability, or gender reassignment. These are specific crimes because not only are they crimes against someone, they are committed based on who someone is (Martin 1996). This paper will discuss the history of hate crimes and the response of law enforcement officers to hate crimes.

In 2009, 6,604 hate crime incidents were reported to the FBI, 48.8% of which were motivated by race, 19.7% by religious prejudice, 18.5%by sexual orientation, 11.8% by ethnicity, and 1.5% by disability bias (Hate Crime Statistics, 2009). Recently, the FBI released the 2010 statistics that unfortunately reveal a slight increase in the number of hate crime incidents: 6,628 incidents were reported in 2010, 47.3% of which were motivated by race, 20% by religious prejudice, 19.3% by sexual orientation, 12.8% by ethnicity, and .6% by disability bias (Hate Crime Statistics, 2010). While racially-motivated and disability-motivated crimes appear to have decreased, hate crime motivated by religion, sexual orientation, and ethnicity has risen in the last year. Improvements in hate crime laws and punishments are necessary in order for these statistics to decrease.

Many issues impacted by hate crimes can be informed by psychological research. For example, are hate crimes more harmful than other kinds of crime? Why do people commit hate crimes? What can be done to prevent or lessen the impact of hate and bias-motivated crimes? Social scientific research is beginning to yield information on the nature of crimes committed because of real or perceived differences in race, religion, ethnicity or national origin, sexual orientation, disability, or gender. Current federal law defines hate crimes as any felony or crime of violence that manifests prejudice based on “race, color, religion, or national origin”. Hate crimes can be understood as criminal conduct motivated in whole or in part by a negative opinion or attitude toward a group of persons. Hate crimes involve a specific aspect of the victim’s identity. Hate crimes are not simply biases, they are dangerous actions motivated by biases.

The United States FBI defines hate crimes as “a traditional offense like murder, arson, or vandalism with an added element of bias.” This type of bigotry-driven crime has been a huge issue in the area of politics and justice ever since history began. Such crimes have become increasingly visible over the years due to the advances in technology, and social networking sites that have given a new platform to these issues. As the visibility of hate crime conditions become commonplace, they also become easily identifiable in everyday life. The issue that then arises is that these conditions have not yet become illegal to the degree that they should be held to. Hate crimes should be held at a higher penalty, at the federal level, due to the nature and intent of the crime at hand.

Federal hate crime legislation, is targeted at the punishment of hate crimes and heightens the punishment of the underlying crime or creates a new substantive crime, if the offender is motivated by certain prejudices, such as racism. The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, created a federal criminal law criminalizing hate crimes. This piece of federal legislation is the focus of this paper and its proposed amendment.

There are several laws that have been put in place over the years about hate crimes. In 1968, President Lyndon Johnson signed into law the first federal hate crime statute. This statute made it a crime to use, or threaten to use force willfully interfere with any persons because of race, color, religion, or national origin and because the person is participating in federally protected activity such as public, education, employment, jury service, travel, or the enjoyment of public accommodations, or helping another person do so (justice.gov, 2017). In 1968, another act was signed into law that made it a crime to interfere with housing rights because of someone 's race, color, religion, sex or national origin. (civil rights act

UCR. The difference and changing definitions of hate crime across states is yet to be researched to determine any effects on the rates of reporting and unreporting. However, according to the FBI, the congress, for the purpose of national statistical collection, has decided to define hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation” (FBI.gov). It is suggested by a recent study (Harlow, 2005), that the criteria of a hate crime be uniform across the states. “Due to the difficulty of ascertaining the offender’s subjective motivation, bias is to reported only if investigation reveals sufficient objective facts to lead a reasonable and prudent person to conclude that the offender’s actions were motivated, in whole or in part, by bias” (Harlow, 2005). The two definitions should be similar if not uniform in order for an accurate data.

A hate crime is an illegal act that is specifically done to a type of group and for this instance, race and gender. The top two races that had the highest rate of victims were between blacks and white. The black race defeated every other race in victims by over 1,000 and having a total of 2,022 victims. Of anti-black or African American bias, 62.7 percent were victims of crimes motivated by their offenders. Second was the white race with a total of 734 casualties from hate crime. It is to no surprise that these two parties have the highest number of victims, because they are the ones who are most populated and have the most minorities within them.

Crime in America is an extremely plaguing issue. However, recently hate crimes specifically have been on the rise. Those targeted by these awful crimes include those from specific race, sex, and sexuality groups, as well as those with disabilities. While, all hate crimes are indeed terrible, those targeting the disabled are especially heinous. To attack someone who can not physically or consciously defend themselves is very cowardly. The authors of Hate Crimes and Disability in America, Brian T. McMahon, Steven L. West, Allen N. Lewis, Amy J. Armstrong, and Joseph P. Conway address the issue of hate crimes against the disabled as well as the statistics and legality of this matter.

One would love to believe the idea that we live in a world where we are. All the things that make each of us unique such as our ethnicity or even our lifestyle preferences, are things that should be seen and respected whether agreed with or not. Unfortunately, that is not the world we live in today. The world we live in is filled with misunderstanding and disrespect of lifestyles that some cannot understand or choose to disapprove of. Often times when individuals do not understand another person’s lifestyle, it causes anger. The anger is strong enough for one to want to do harm to a person or group of people. This is what I call a hate crime. The reasoning I chose this social problem is for the fact that hate crimes have been going on for many years, and now it seems as if it has became an even bigger problem generally because this behavior is happening more frequently than before and difficult to prevent. Hate crimes is one of the main reasons individuals are afraid to be themselves because they are getting harmed just for being unique in their own way. In 2009 President Obama signed a law that would make hate crime a federal crime to assault an individual because of their race or sexual preference or gender identity.

Most people in the United States today are familiar with the idea of hate crimes, and there are. Of course, those who have been subjected to them. Simply put, a hate crime is determined to be, “… a traditional offense like murder, arson, or vandalism with an added element of bias.” (Federal Bureau of Investigation, 2017) These prejudicially-based crimes target victims who belong to, or increasingly, are perceived to belong to, a particular group of people, such a race; a religious affiliation; gender identity; and sexual orientation. While legislation in this area does its best to balance the protection of victimized groups and persons, the law must also consider the rights and protections of the victimizer, as determined by the Fourteenth Amendment.

“They say that boys will be boys, but what do we make of boys when they attempt to lynch another child, or put on Ku Klux Klan outfits and burn a cross in the back yard?”(Children committing hate crimes). This startling article by CNN caught the attention of many people across the United States of America. The article also exposed a problem the United States is facing today: hate crimes. From the astonishing number of active hate group organizations to the hate crimes affecting young people, America has a major predicament. It is time for the US to wake up and face the major problem with hate crimes.