Hate Crimes

Hate Crimes

Critical Analysis

Cheyenne Gallant

December 6, 2004

Res 110/Introduction to Research and Information Utilization

Instructor: Stephan Wertz

University of Phoenix

During the earlier times, hate crimes were once solely driven by one’s hatred for another race. In today’s society, there are many factors that contribute one’s hate crime towards another. Hate crimes now stem from opposition to a person’s race, religion, gender, disability and sexual orientation. Now, the questions remain, Should a hate crime be punished any differently from another crime? How do you making hatred illegal without violating a person’s right under the First Amendment? Lawmakers around the United States have been made aware of the increasingly growing problem and are currently trying to propose a new federal law to punish offenders that commit these crimes severely. Although, some may argue that we do not need hate crime laws because a crime is still considered a crime regardless of why it was committed, others feel that new federal laws on hate crimes need to be put in place to deter offenders and give a sense of security potential victims.

Hate crimes are defined differently in each state therefore, there are currently a number of various laws and definitions that cover hate crimes depending on the jurisdiction or state in which the crime is committed. While the hate crime definition used by the FBI for purposes of crime statistics includes sexual orientation, disability and gender as protected categories, this is not the case for all hate crime laws. As of October 2001, the U.S. federal hate crime law (18 U.S.C. 245 (b) (2) protects religion, race and national origin and applies only if the victim is engaged in one of six protected activities. Seven states have no hate crime laws, twenty states have hate crime laws that do not protect sexual orientation, and twenty-four states have hate crime laws that do include sexual orientation. As of October 2004, Current federal hate-crime law covers violent crimes motivated by a person's race, religion or national origin. The new federal law would expand the existing law to include violent crimes motivated by a person's real or perceived sexual orientation, gender and disability. What is a hate crime?

Four definitions of the term "hate crime" are:

• Hate Crimes Statistics Act (1990): "crimes that manifest evidence of prejudice based on race, religion, sexual orientation, or ethnicity, including where appropriate the crimes of murder, non-negligent manslaughter, forcible rape, aggravated assault, simple assault, intimidation, arson, and destruction, damage or vandalism of property." ( Public Law 101-275)

• Bureau of Justice Administration (BJA; 1997): "hate crimes--or bias-motivated crimes--are defined as offenses motivated by hatred against a victim based on his or her race, religion, sexual orientation, ethnicity, or national origin."

• Anti-Defamation League (ADL): A hate crime is "any crime committed because of the victim’s actual or perceived race, color, religion, ancestry, national origin, disability, gender [male or female] or sexual orientation."

• National Education Association (NEA): "Hate crimes and violent acts are defined as offenses motivated by hatred against a victim based on his or her beliefs or mental or physical characteristics, including race, ethnicity, and sexual orientation.

However, existing federal legislation does not recognize as hate crimes those criminal acts which specifically target women, the disabled and homosexuals.

“Hate crimes are a form of terrorism,” Senator Edward Kennedy said at a hearing before the Senate Judiciary Committee. “They have a psychological and emotional impact which extends far beyond the victim. They threaten the entire community and undermine the ideals from which the nation was founded.” A hate crime is more serious than a conventional crime because it abuses more than the immediate victim. When a criminal act is based on factors such as a victim's race, gender, sexual orientation or religion, it takes on some of the characteristics of a terrorist act. The victim and the perpetrator are typically strangers. The crime is not directed simply