Hate Crime Charges

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.

According to the University of Colorado, many political jurisdictions have enacted laws that forbid destructive speech. These laws give the police power to investigate persons suspect of committing hate speech. If found guilty, the persons are tried and punished according to the law. Although many insist that hate speech should be illegal, the First Amendment still stands; the right of free speech applies to every citizen of the United States and if restrictions are set, then that liberty is taken away.

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.

<br>As hate crimes have risen in number during the past five years; many state governments have attempted to prevent such crimes by passing laws called bias laws. These laws make a crime that is motivated by hatred based on the victim's race, religion, ethnic background, or sexual orientation a more serious crime than such an act would ordinarily be. Many people believe that these laws violate the criminal's freedom of speech. Many hate group members say that freedom of speech is the right to say or write or publish one's

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.

The hate crime legislations in the United States need to clearly define and identify hate crimes. Title 18 of the United States Code allows prosecutors to prosecute anyone who intentionally injures, intimidate, interferes with someone else, or attempts to do so, by force because of a person’s race, color, religions, or

As hate crimes have risen in number during the past five years; many state governments have attempted to prevent such crimes by passing laws called bias laws. These laws make a crime that is motivated by hatred based on the victim’s race, religion, ethnic background, or sexual orientation a more serious crime than such an act would ordinarily be. Many people believe that these laws violate the criminal’s freedom of speech. Many hate group members say that freedom of speech is the right to say or write or publish one’s thoughts, or to express one’s self, they also say that this right is guaranteed to all Americans. But people and organizations who are against these hate groups ask themselves if the first amendment include and protect all form of expression, even those that ugly or hurtful like the burning crosses. The Supreme Court Justices have decided that some kinds of speech are not protected by the Constitution,

Hate crimes are difficult to fathom, primarily because they involve the unprovoked physical attacking and, sometimes, murder of people based on race and ethnicity. A more formal definition of hate crimes is presented by Shepard (2017, p. 285). As he writes, “a hate crime is a criminal act that is motivated by extreme prejudice,” This is a very good, concise and accurate definition, nevertheless, hate crimes are not the outcome of unimaginable heights of discrimination. Most people have prejudices and many have stereotypes regarding others, whether it be racial or class stereotypes. Nobody is completely lacking in any form, shape or type of prejudice but, the much greater percentage does not physically attack, beat or murder those whom they

What is a hate crime? Although the definition can vary based on what groups are included (Cogan, 2006, p. 174) the simplest definition would be, violence against a person or group of people based on their gender, ethnicity, sexual orientation, religion, race or disability (Burgess, Regehr, & Roberts, 2013). Hate Crimes do not just effect the victim but also the community. Those who become victims of hate crime are not chosen at random, it is because of the group they identify with or belong too (Cogan, 2006, p. 174) Hate speech, “defined as words used as weapons to ambush, terrorize, wound, humiliate and degrade” (Burgess et al., 2013, p. 480) another person. Violence is seriously damaging to a victim and the community, but

The first issue examined is whether the Hate Crimes Act unconstitutionally violates the First Amendment by applying a “chilling effect” to protected speech. The second issue is whether the courts have properly applied the but-for causation standard to crimes prosecuted under the Hate Crimes Act.

of murders went up 100%, Cross burnings went up 200%, and vandalism went up 50%.

This legislation can “empower the federal government to more effectively protect Americans from bias crimes and to step in when local law-enforcement agencies either cannot or will not act to stop hate” (Roleff 105). However, for those who believe that hate crimes are not as significant as some may think, they have been shooting down the idea that hate crime laws should form in the U.S. government. Some consider that this matter is an overstated issue-a result that the public is touchy to discrimination or prejudice. Other arguments against legislation of hate crime laws include that they don’t encourage people to stop participating in this type of criminal act and in fact encourage additional discrimination and marginalization. A federal hate crime law can be “used to protect only certain groups and punish only certain crimes as hate crimes” (Roleff 113). There was a case in the 1990s where one black man who attacked a white man got a less severe prison sentence over a black man who beat another black man. Situations such as this one can make it seem like some kinds of “hate” are more unlawful than others.

“ Crimes motivated by hatred, whether directed at the victim because of that person’s actual or perceived race, ethnicity, religion, or sexual orientation, can have a disproportionate impact on communities and pose unique challenges for investigators and prosecutors” (Wagner,2015). Out of the fifty states, six of them don’t have rules against crime based on a prejudice in contrast to culture,

Throughout American history, violent criminal acts against a specific person or a group of individuals were just that, violent crimes. In the 1980’s, the term hate crime was born. The term hate crime was used by a group of advocates to describe a series of violent incidents targeting several minorities (Nij.gov, 2015). A hate crime is “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,