As the name “hate crime” implies, is a criminal act motivated by an element of hateful bias. It is a “traditional offense”, usually committed against a person because of their race, religion, sexual orientation, gender identity, perceived gender, or another signifying aspect of a person's identity. For law purposes, Congress has defined a hate crime as a “criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, ethnic origin or sexual orientation.”1 To hate someone is not a crime, but to use that hate as motivation to commit an offense against that someone is. In 2013 America, African Americans remain the most frequent victims of hate crimes. Not only have hate crimes plagued the African American community for years, but they are increasingly being committed against the LGBT community as well. 2
With the passing of the Hate Crimes Statistics Act in 1990 3, and its modification in 2009, it has become possible to track the numerical effect of hate crimes on the American community. In 2011, most recent year for which hate crime statistics have been recorded, there was a reported total of 6,222 hate crimes committed, totaling 7,697 victims. Of those crimes, 3,465 (single bias) were committed on a racial bias, with a victim count of 3,645, and 1,508 (single bias) were committed on a sexual orientation bias, with a victim count of 1,572. Of the 3,465 that were committed on a racial bias, 72% (2,494) were motivated by an anti-black bias, with a victim count of 2,619. 4 In the link below,the official collective data tables in which these statistics are represented can be found.
Table 1: Incidents, Offenses, Victims, Known Offenders [5] | |
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Hate crimes can occur in any setting. In fact the majority of hate crimes happen in places where the victim should feel a great sense of safety. 31.9% of hate crimes are committed in residential areas, or near the victims' home. 23.9% of hate crimes occur on highways, road, alleys, or streets, while 9.2% occur in schools or on college campuses. Other locations where hate crimes occur include, parking garages and bars or nightclubs. Out of the 1,293 (number includes both single and multiple-bias sexual orientation-motivated hate crimes, 413 occured in residential areas, and 309 occurred on roadways. Of the racially motivated hate crimes, 984 occured in residential areas, and 562 occurred on roadways.6 In the link below, an extensive report of the most common locations for hate crimes can be found. It is important to realize that there is no specific setting that characterizes a hate crime. They can happen when a victim is on his or her way home from work, going out with friends for a night on the town, or simply parking his/her car.
Hate Crimes by Location [7] | |
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The statistics of hate crimes in the African American and LGBT community presented above are only those that have been reported to the federal government. There are still many hate crime incidents that are not accounted for in these statistics. Since 2003, the police and government have been notified of fewer than 45% of hate crimes that occur in the United States.8 Thus, hate crimes have an even bigger affect on our society that implied by the statistics presented above.
State Hate Crime Laws [9] | |
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Hate crime laws in the United States address the factors included in the legal definition of a hate crime. Since the mid-20th century, a number of hate crime laws have been enacted, modified, and repealed. A total of 45 states and the District of Columbia have laws against various types of hate crimes. Exceptions include Arkansas, Georgia, Indiana, South Carolina, and Wyoming. Every hate crime law covers race, religious, and ethnicity-motivated hate crimes. Of the states that have hate crime laws, 32 cover disability, 31 cover sexual orientation, 28 cover gener, and 16 cover transgender-identity.10 By clicking on the link above, you will be able to see the detailed chart of various hate crime statutes by state.
The following are the current laws in place to protect American citizens against hate crimes:
Title 18 of the US Code: Title 18 of the US Code if the criminal and penal code the United States. It calls for federal persecuation of anyone "not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with any person because of his race, color, religion or national origin." It then goes on to list a number of settings in which this law applies. This list is limited to federally protected activities, such as (not limited to) voting, going to school, or participating in a Federal program. (see full text). 11
Full Text: http://www.law.cornell.edu/uscode/text/18/245
Hate Crime Statistics Act (1990): As its name implies, the Hate Crimes Statistics Act sets a premises for date collection of hate crimes in the US. Through this act, the Attorney General is required to set guidelines for and collect data of hate crimes that are committed on an annual basis. The criteria for this data include, but are not limited to, the amount of incidents and the bias of the offender. The acquired data is to be used only for research or statistical purposes. 12
Full Text: http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/resources/hate-crime-statistics-act
Violent Crime Control and Law Enforcement Act (1994) (Hate Crimes Sentencing Enhancement Act): The Hate Crimes Sentencing Enhancement Act, originally proposed as a separate bill to Congress, is a section of the Violent Crime Control and Law Enforcement Act of 1994. This act allows for the sentencing of hate crime offenders to be increased "no less than 3 offenses". In 1995, the the US Sentencing Commission created a three-level sentencing increase template for hate crimes. This statute took effect in Novemeber of that same year.13
Full Text: http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf
Campus Hate Crimes Right To Know Act (1997): Much like the Hate Crime Statistics Act, this act requires that the federal government be notified of any hate crimes that happen, specifically on college campuses. It is put in place so that enrolled and prospective students are able to make an informed decision about a certain university, and take the necessary precautions with regard to the incidence of hate crimes at a particular university. It is also intended to encourage college administrators to raise awareness of and creat preventions mechanisms for hate crimes on their respective campuses.14
Full Text: http://thomas.loc.gov/cgi-bin/query/z?c105:S.1493:
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009): This Act was enacted in honor of and in response to the deaths of Matthew Shepard and James Byrd, Jr. In October of 1998, Matthew Shepard, a student at the University of Wyoming, was attacked and murdered because he was gay (see Witnesses Speak section). Because Wyoming had no statute for hate crimes like that of Shepard's, Shepard's murderers were not charged with the hate crime offense.15 In that same year, James Byrd, Jr., and African American male, was murdered because of the of his skin. In Jasper, Texas, Byrd was dragged behind a pickup truck along an asphalt road. Conscious during this occurence, Byrd was killed when his body hit a culvert, severing his right arm and head.16 These two events prompted many questions. about America's hate crime legislation, leading to the signing of the Matthew Shephard and James Byrd, Jr. Hate Crimes Precention Act in 2009. Originally set before Congress in 2001, this act went through a number of modifications and Congresses before being signed in 2009 by President Barack Obama. It expands the criteria for type of hate crime to include crimes motivated by sexual orientation, disability, gender identity, and actual or perceived gender. As the previous statute for hate crimes, in Title 18 of the US Code, only calls for persecution of hate crimes in certain settings, this act removed that prerequisite. It gives fedral authorities the power to further investigate hate crimes statutes should state authorities choose not to, and also granted $5 million dollars per year (2010-2012) for this investigation. And also expands the Hate Crimes Statistics Act by requiring the FBI to produce statistics on hate crimes motivated by gender identity and perceived gender biases. 17
The following are the current laws in place to protect American citizens against hate crimes:
Title 18 of the US Code: Title 18 of the US Code if the criminal and penal code the United States. It calls for federal persecuation of anyone "not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with any person because of his race, color, religion or national origin." It then goes on to list a number of settings in which this law applies. This list is limited to federally protected activities, such as (not limited to) voting, going to school, or participating in a Federal program. (see full text). 11
Full Text: http://www.law.cornell.edu/uscode/text/18/245
Hate Crime Statistics Act (1990): As its name implies, the Hate Crimes Statistics Act sets a premises for date collection of hate crimes in the US. Through this act, the Attorney General is required to set guidelines for and collect data of hate crimes that are committed on an annual basis. The criteria for this data include, but are not limited to, the amount of incidents and the bias of the offender. The acquired data is to be used only for research or statistical purposes. 12
Full Text: http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/resources/hate-crime-statistics-act
Violent Crime Control and Law Enforcement Act (1994) (Hate Crimes Sentencing Enhancement Act): The Hate Crimes Sentencing Enhancement Act, originally proposed as a separate bill to Congress, is a section of the Violent Crime Control and Law Enforcement Act of 1994. This act allows for the sentencing of hate crime offenders to be increased "no less than 3 offenses". In 1995, the the US Sentencing Commission created a three-level sentencing increase template for hate crimes. This statute took effect in Novemeber of that same year.13
Full Text: http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf
Campus Hate Crimes Right To Know Act (1997): Much like the Hate Crime Statistics Act, this act requires that the federal government be notified of any hate crimes that happen, specifically on college campuses. It is put in place so that enrolled and prospective students are able to make an informed decision about a certain university, and take the necessary precautions with regard to the incidence of hate crimes at a particular university. It is also intended to encourage college administrators to raise awareness of and creat preventions mechanisms for hate crimes on their respective campuses.14
Full Text: http://thomas.loc.gov/cgi-bin/query/z?c105:S.1493:
Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (2009): This Act was enacted in honor of and in response to the deaths of Matthew Shepard and James Byrd, Jr. In October of 1998, Matthew Shepard, a student at the University of Wyoming, was attacked and murdered because he was gay (see Witnesses Speak section). Because Wyoming had no statute for hate crimes like that of Shepard's, Shepard's murderers were not charged with the hate crime offense.15 In that same year, James Byrd, Jr., and African American male, was murdered because of the of his skin. In Jasper, Texas, Byrd was dragged behind a pickup truck along an asphalt road. Conscious during this occurence, Byrd was killed when his body hit a culvert, severing his right arm and head.16 These two events prompted many questions. about America's hate crime legislation, leading to the signing of the Matthew Shephard and James Byrd, Jr. Hate Crimes Precention Act in 2009. Originally set before Congress in 2001, this act went through a number of modifications and Congresses before being signed in 2009 by President Barack Obama. It expands the criteria for type of hate crime to include crimes motivated by sexual orientation, disability, gender identity, and actual or perceived gender. As the previous statute for hate crimes, in Title 18 of the US Code, only calls for persecution of hate crimes in certain settings, this act removed that prerequisite. It gives fedral authorities the power to further investigate hate crimes statutes should state authorities choose not to, and also granted $5 million dollars per year (2010-2012) for this investigation. And also expands the Hate Crimes Statistics Act by requiring the FBI to produce statistics on hate crimes motivated by gender identity and perceived gender biases. 17
1. Federal Bureau of Investigation, US Department of Justice. "Hate Crimes - Overview." fbi.gov.November 8, 2013.http://www.fbi.gov/about-us/investigate/civilrights/hate_crimes/overview
2. The Leadership Conference. "Hate Crimes Against African Americans-Confronting the New Faces of Hate." civilrights.org.November 8, 2013.http://www.civilrights.org/publications/hatecrimes/african-americans.html
3. Federal Bureau of Investigation, US Department of Justice. "Hate Crime Statistics Act." fbi.gov.November 11, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/resources/hate-crime-statistics-act
4. Federal Bureau of Investigation, US Department of Justice. "Incidents and Offenses." fbi.gov.November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/incidents-and-offenses
5. Federal Bureau of Investigation, US Department of Justice. "Indicent, Offenses, Victims, and Known Offenders by Bias Motivation." fbi.gov. November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/tables/table-1
6. Federal Bureau of Investigation, US Department of Justice. "Location Type." fbi.gov. November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/location-type
7.Federal Bureau of Investigation, US Department of Justice. "Incidents Bias Motivation by Location, 2011." fbi.gov.November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/tables/table-10
8. Bureau of Justice Statistics. "Hate Crime Vicitimization, 2003-2011." bjs.gov.Incidents and Offenses." fbi.gov.November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/incidents-and-offenses 9,2013.http://www.bjs.gov/content/pub/pdf/hcv0311.pdf
9.Anti-Defamation League."Anti-Defamation League State Hate Crime Provisions." adl.org.http://www.adl.org/assets/pdf/combating-hate/state_hate_crime_laws.pdf
10. Ibid
11. Cornell University Law School."18 USC § 245 - Federally protected activities." law.cornell.edu.November 9, 2013.http://www.law.cornell.edu/uscode/text/18/245
12. Federal Bureau of Investigation US Department of Justice, Hate Crimes Statistics Act
13.U.S. Congress. "One Hundred Third Congress of the United States of America."gpo.gov. November 11, 2013. http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf
14. The Library of Congress, "Bill Text 105th Congress 1997-1998." thomas.loc.gov.November 9,2013http://thomas.loc.gov/cgi-bin/query/z?c105:S.1493:
15. Matthew Shepard Foundation. "Matthew's Story." matthewshepard.org.http://www.matthewshepard.org/our-story/matthews-story
16. New One for Black America. "Racist Murder of James Byrd, Jr. Took Place on This Day in 1998." newsone.com.November,9,2013.http://newsone.com/2019388/james-byrd-jr-murdered/
17. US Department of Justice. "Matthew Shephard and James Byrd, Jr. Hate Crimes Prevention Act of 2009." justice.gov. November 9,2013. http://www.justice.gov/crt/about/crm/matthewshepard.php
2. The Leadership Conference. "Hate Crimes Against African Americans-Confronting the New Faces of Hate." civilrights.org.November 8, 2013.http://www.civilrights.org/publications/hatecrimes/african-americans.html
3. Federal Bureau of Investigation, US Department of Justice. "Hate Crime Statistics Act." fbi.gov.November 11, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/resources/hate-crime-statistics-act
4. Federal Bureau of Investigation, US Department of Justice. "Incidents and Offenses." fbi.gov.November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/incidents-and-offenses
5. Federal Bureau of Investigation, US Department of Justice. "Indicent, Offenses, Victims, and Known Offenders by Bias Motivation." fbi.gov. November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/tables/table-1
6. Federal Bureau of Investigation, US Department of Justice. "Location Type." fbi.gov. November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/location-type
7.Federal Bureau of Investigation, US Department of Justice. "Incidents Bias Motivation by Location, 2011." fbi.gov.November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/tables/table-10
8. Bureau of Justice Statistics. "Hate Crime Vicitimization, 2003-2011." bjs.gov.Incidents and Offenses." fbi.gov.November 9, 2013.http://www.fbi.gov/about-us/cjis/ucr/hate-crime/2011/narratives/incidents-and-offenses 9,2013.http://www.bjs.gov/content/pub/pdf/hcv0311.pdf
9.Anti-Defamation League."Anti-Defamation League State Hate Crime Provisions." adl.org.http://www.adl.org/assets/pdf/combating-hate/state_hate_crime_laws.pdf
10. Ibid
11. Cornell University Law School."18 USC § 245 - Federally protected activities." law.cornell.edu.November 9, 2013.http://www.law.cornell.edu/uscode/text/18/245
12. Federal Bureau of Investigation US Department of Justice, Hate Crimes Statistics Act
13.U.S. Congress. "One Hundred Third Congress of the United States of America."gpo.gov. November 11, 2013. http://www.gpo.gov/fdsys/pkg/BILLS-103hr3355enr/pdf/BILLS-103hr3355enr.pdf
14. The Library of Congress, "Bill Text 105th Congress 1997-1998." thomas.loc.gov.November 9,2013http://thomas.loc.gov/cgi-bin/query/z?c105:S.1493:
15. Matthew Shepard Foundation. "Matthew's Story." matthewshepard.org.http://www.matthewshepard.org/our-story/matthews-story
16. New One for Black America. "Racist Murder of James Byrd, Jr. Took Place on This Day in 1998." newsone.com.November,9,2013.http://newsone.com/2019388/james-byrd-jr-murdered/
17. US Department of Justice. "Matthew Shephard and James Byrd, Jr. Hate Crimes Prevention Act of 2009." justice.gov. November 9,2013. http://www.justice.gov/crt/about/crm/matthewshepard.php