Hate Crimes (called bias-motivated crimes in certain states) is of major concern all over the world. It is a crime motivated by prejudice against a social group, (Law) a crime, especially of violence, in which the victim is targeted because of his or her race, religion, sexuality, etc

Statistics reveal that racial and religious biases are the most common hate crimes in the United States. Examples of hate crimes in the United States include lynching of African Americans, cross burnings to drive black families from predominantly white neighborhoods, assaults on white people traveling to predominantly black neighborhoods, assaults on gay, lesbian and transgender people. disability, ethnicity, nationality, age, gender, gender identity, or political affiliation.

Definition:

The FBI defines a hate crime to be “a criminal offense committed against a person, property or society which is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.”

Crimes motivated by hatred of a person’s sexual orientation (whether the victim is a heterosexual, bisexual or homosexual) are also sometimes included under hate crimes. Current statutes permit federal prosecution of hate crimes committed on the basis of a person’s race, color, religion, or nation origin when engaging in a federally protected activity. The six “federally protected activities” enumerated in the statute are: (1) enrolling in or attending a public school or public college; (2) participating in or enjoying a service, program, facility or activity provided or administered by any State or local government; (3) applying for or enjoying employment; (4) serving in a State court as a grand or petit juror; (5) traveling in or using a facility of interstate commerce; and (6) enjoying the goods or services of certain places of public accommodation.However, federal laws only attach an extended sentence penalty to those hate crimes that are motivated by racism, sexism or xenophobia. Hate crimes based on gender, sexual orientation, sexual identity, or disability do not result in extra sentences.

The use of the term “perceived” in the definition of hate crimes in some state legislation takes special significance because many of the hate crimes are based in error on the incorrect belief that the victim is gay, or a member of some group or class that the perpetrator hates.

Offenders

Research suggests that the vast majority of offenders are not members of organized hate groups. It was also revealed during study that over 50 percent of perpetrators of hate crimes are under age 25. The hate crime incident reports for 2004 contained a total of 7,145 “known offenders”. The termknown offenderdoes not imply that the identity of the perpetrator was known but only that a distinguishing attribute of the individual, race, or other distinguishable feature was noted on the incident report. Of those persons who committed a crime based upon their perceived biases, 60.5 percent were white, and 19.9 percent were black. Nearly 12.3 percent were classified as unknown race. Groups containing persons of various races accounted for 5.2 percent of the perpetrators.

Hate Crime Laws

Hate crime laws in the United Statesprotect against hate crimes (also known asbias crimes) motivated by enmity or animus against a protected class. Although state laws vary, current statutes permit federal prosecution of hate crimes committed on the basis of a person's protected characteristics of race,religion, ethnicity,nationality,gender, sexual orientation,gender identity, anddisability.

State Laws

Forty Five states and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation (the exceptions are Arkansas, Georgia, Indiana, South Carolina, and Wyoming). Each of these statutes cover bias on the basis of race, religion, and ethnicity; 32 of them cover sexual orientation; 32 cover disability; 28 cover gender; 13 cover age; 11 cover transgender/gender-identity; 5 cover political affiliation.

Thirty one states and the District of Columbia have statutes creating a civil cause of action, in addition to the criminal penalty, for similar acts. Twenty seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics; 16 of these cover sexual orientation.

Prosecution of Hate Crimes

Persons violating the 1969 Federal Hate Crimes Law face a fine or imprisonment of up to one year, or both. If bodily injury results or if such acts of intimidation involve the use of firearms, explosives or fire, individuals can receive prison terms of up to 10 years, while crimes involving kidnapping, sexual assault, or murder can be punishable by life in prison or the death penalty.

Support for Hate Crime Laws

Advocates of harsher punishment for hate crimes state that hate crimes cause greater individual and societal harm. This is probably because when the very root of a person’s identity is attacked, the humiliation caused is severe, and results in disempowerment of a group of people in the society. This causes a tear in the very fabric of a free society. It is for this very reason that hate crimes are sometimes referred to as “message crimes:” violence intended to send a message to a minority within a community. Advocates favoring hate crime legislations also feel that chances for retaliatory crimes are greater when a hate crime has been committed. Therefore, they feel that there should be laws that recognizes the gravity of hate crimes and prevents their recurrence. In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. Click link for: State Hate Crimes / Statutory Provisions

Disclaimer:

This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.

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