Hate Crimes

Introduction

The dictionary defines a hate crime as "any of various crimes when motivated by hostility to the victim as a member of a group (as one based on color, creed, gender, or sexual orientation)." But the term doesn't always carry a commonly understood meaning.

Due to the mounting public interest in and awareness of hate crimes, as a result of both sensational incidents and general societal concerns, hate crimes have become the subject of highly politicized public debates. While some contend that bias-motivated violence has been a historical part of the American culture and will only change as people become more tolerant of certain groups, others argue that the best way to eradicate such discriminatory behavior is through legal reform. The following focuses on the latter argument by examining hate crime legislation at both the state and federal levels. A recent and expansive definition of the term "hate crime" can be found in the Hate Crime Sentencing Enhancement Act of 1994, which states, "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, religion, national origin, ethnicity, gender, disability or sexual orientation of any person."(1) Thus, hate offenses are directed against members of a particular group simply because of their membership in that group. (Grigera) Although the number of hate crimes may seem small when compared with the incidence of other types of crimes in the United States, it can be argued that hate crimes terrorize not one victim but many and that such assaults threaten the very fabric of the American sense of safety and basic understanding of differences. As a House of Representative report on the proposed HCSA noted, "While each incident [of violence] represents a personal tragedy for the victim, hate crimes are an attempt to intimidate a larger group or class of people."(4) In other words, bias-motivated violence victimizes not only the immediate target but every member of the group represented by that target. In addition, these crimes are typically committed against historically oppressed groups.

In the on-line magazine Slate, Eve Gerber writes, "The definition of a hate crime varies. Twenty-one states include mental and physical disability in their lists. Twenty-two states include sexual orientation. Three states and the District of Columbia impose tougher penalties for crimes based on political affiliation."

All Americans have a stake in an effective response to violent bigotry. Hate crimes demand a priority response because of their special emotional and psychological impact on the victim and the victim's community. The damage done by hate crimes cannot be measured solely in terms of physical injury or dollars and cents. Hate crimes may effectively intimidate other members of the victim's community, leaving them feeling isolated, vulnerable and unprotected by the law. By making members of minority communities fearful, angry and suspicious of other groups -- and of the power structure that is supposed to protect them -- these incidents ...