The Issue:
- Hate crimes are defined as "a crime in which the defendant
intentionally selects a victim, or in the case of a property crime, the
property that is the object of the crime, because of the actual or perceived
race, color, national origin, ethnicity, gender, disability, or sexual
orientation of any person" by Section 280003(a) of the Violent Crime
Control and Law Enforcement Act of 1994.
- Hate crimes are punishable by law in 42 states.
- The FBI received reports of 8,049 hate crimes in 1997 from over 11,000
reporting agencies.
Background: There is very little historical information on the
prevalence of hate crimes because the U.S. government didn't begin collecting
data on hate crimes until the early 1990s.
Despite common assumptions, Dr. Edward Dunbar, a clinical psychologist at the
University of California, most hate crimes are not committed by members of
organized hate groups. On the contrary, according to the American Psychological
Association (APA), "Most hate crimes are carried out by otherwise
law-abiding young people who see little wrong with their actions." The APA
also cites racial hatred and resentment of ethnic minorities as among the
primary reasons people commit hate crimes. Certain crimes against women, crimes
against gays and lesbians, crimes against religious minorities (with Jewish
people comprising the highest number of victims) and against those with
disabilities can also constitute hate crimes according to current legislation.
The Case For Hate Crimes Legislation: Those in favor of hate
crimes legislation argue that hate crimes are worse than other crimes because of
the violator's intent: to intimidate an entire group of people by their actions
against one or a few. Proponents seek harsher penalties for those convicted of
hate crimes, arguing that these harsher penalties will serve as a deterrent and
will send a message that our society won't tolerate hatred.
HateCrime.org is an excellent
resource for pro-hate crimes legislation news, resources and statistics.
The Case Against Hate Crimes Legislation: Those opposed to hate crimes
legislation call hate crimes a form of 'thought policing' arguing that it's
impossible to determine whether hatred or resentment of a certain group of
people is a true motive for a crime. They say that increased legislation will
not cure hatred and will not prevent bigots from preventing crimes. Opponents
say that no matter what the motivation, crimes should be prosecuted according to
existing laws.
For more information about the case against hate crimes legislation, see
About's Civil Liberty Guide, J. D. Tuccille's article, "Hate
Crime Means Thought Crime," regarding the Matthew Shepard case and About's Crime Guide, Bill
Bickel's commentary on the James Byrd, Jr. case in his piece, "The
Absurdity of 'Bias Crime' Laws."
Diane
Temple-Raston covers the dragging death of James Byrd, Jr. in her new book
"A Death in Texas: A Story of Race, Murder, and a Small Town's
Struggle for Redemption"
Read
an Excerpt | Buy
the Book
|
Legislation:
Since 1990, there have
been at least seven legislative moves addressing crimes against minorities:
Hate Crimes
in the News: HateCrime.org maintains an updated listing
of recent hate crimes in the news. The list includes such cases as the
murder of Brandon Teena, whose story was chronicled in the movie "Boys
Don't Cry."
Compare
prices on the movie "Boys Don't Cry" chronicling the murder of
Brandon Teena.
On
DVD | On VHS
|
Two of the most notable hate crimes in recent history were the murders of James
Byrd and Matthew Shepard. See the following links for additional resources
on these two now-infamous crimes:
For
further information on hate crimes, please visit the Hate
Crimes section of the site for additional articles and resources.