Hate crime

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A Jewish cemetery in France after being defaced by Neo-Nazis.
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A Jewish cemetery in France after being defaced by Neo-Nazis.

Hate crimes are crimes (such as violent crime, hate speech or vandalism) that are motivated by feelings of hostility against any identifiable group of people within a society. If systematic, rather than spontaneous, instigators of such crimes are sometimes organized into hate groups.


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In the United States

The U.S. Congress defined in 1992 a hate crime as a crime in which "the defendant's conduct was motivated by hatred, bias, or prejudice, based on the actual or perceived race, color, religion, national origin, ethnicity, gender, sexual orientation or gender identity of another individual or group of individuals" (HR 4797). In 1994, the Violent Crime Control and Law Enforcement Act added disabilities to the above list.

In the last decade of the 20th century, legislation in many U.S. states has established harsher penalties for a number of crimes when they are also considered hate crimes; interestingly, however, very few of these statutes make it more likely for a murder to trigger the death penalty when it is found to have also been a hate crime. While some claim that these hate crimes laws exist because women and certain minorities have been victims and require special protection, others say that they exist because crimes motivated by hate deserve a harsher punishment. California Penal Code section 422.6 offers a wider interpretation of hate crime, defining it as those acts "committed because of the victim's actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation. The actions considered criminal are using force or threat of force to willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of the State or country."

Distinguishing features of hate crimes

It can be difficult to distinguish a hate crime from other crimes. Usually, a hate crime is detected by a background investigation of the accused person or eyewitness reports of the crime. In some cases, circumstantial evidence shows the intent of the accused. For example, journals or record might describe the hatred and contain plans for crimes to be committed against the targeted group. In other cases, classification of a hate crime is by the judgment of law enforcement and prosecutors.

It can be much harder to convict for a hate crime than a normal crime. This may affect whether the prosecuting attorney pursues prosecution under the hate crime statute. The Federal Bureau of Investigation sets forth very strict rules that prosecutors use in order to decide whether or not a crime qualifies as a hate crime.

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 federal hate crime law 18 USC 245 (b)(2), passed in 1969, 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, 20 states have hate crime laws that do not protect sexual orientation, and 24 states have hate crime laws that include sexual orientation.

The Fourth Geneva Convention in 1948 requires all signatories to criminalize incitement to genocide.

Arguments for and against hate crime laws

Many oppose hate crime laws, stating that imposing a greater penalty on an act committed in hate would thus make hating illegal. They feel this to be a direct infringement on First Amendment rights. Others argue that such legislation provides special status to certain protected groups. They also say that distinguishing a hate crime requires reading the mind of the accused, a dubious prospect at best and perhaps not something that should be considered when deciding on punishments. In short, critics argue that hate crime legislation criminalizes thought and denies equal protection. In addition, hate crime prosecutions seek to punish an individual for motive rather than intent. For example, the difference between first or second degree murder is intent, not motive. Many say it replaces one kind of inequality with another.

Others support hate crime laws, stating that by enacting them individuals would face greater discouragement from committing hate crimes. They also point out that all laws are subjective, and that if society can determine that one crime deserves more punishment than another (i.e. murder vs. involuntary manslaughter) then it can also determine what motivations deserve harsher punishments.

Some supporters reason that one who can be moved to violence by hatred of a class of people presents greater danger to society than one who merely hates an individual. Their position states that if normal punishments are inadequate deterrents, then additional punishments may deter crimes motivated by hate. Other proponents of hate crime legislation consider that politically correct or socially sanctioned hate is a problem, and that legislation will need to explicitly cover those often deemed less worthy of protection, such as WASP men.

Another argument sometimes advanced by supporters of hate-crime laws is that violent acts motivated by political or similar reasons are characteristic of earlier, less enlightened societies, and toleration would result in regress.

Proponents point out that it is not unusual to make thoughts or states of mind elements of a crime. For example, the distinction between first-degree murder, second-degree murder, and manslaughter depends on the degree to which the killing was deliberate or premeditated. The definition of fraud requires that the perpetrator knowingly defraud the victim.


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