Hate crimes occur when a person attacks another and chooses a victim based on their membership in a particular social group, according to their age, race, gender, gender identity, religion, ethnicity, nationality, political affiliation, disability or sexual orientation.
“A crime of hatred is an act of violence motivated by prejudice, and its production and reproduction seem peculiar to societies throughout human history” (James 2000). This way of defining hate crimes Maria Mercedes Gomez posed in the text “hierarchical and exclusionary uses of violence” can be understood as a form of violence aimed at people who belong to a specific group, whether social, racial or ethnic or have a sexual orientation or religious classified as “different.”
Hate crimes are viewed by many as a way to perform the actions that the State did not have the ability to take. An example of this could be the paramilitaries seeking to establish the order in which the state has no presence. Similarly, these acts have become a form of “violence discriminatory “not only, as already mentioned, against ethnic groups but also many times against women, with these views, as posed Catharine A. MacKinnon, “Feminism, Marxism, method and State: Toward a feminist theory of law” as male dominated. It is responsible for measuring equality in law and therefore is at the point of view of them that sex discrimination is measured. Since this is somewhat subjective measure, it could even commit hate crimes against women specific groups, such as the prostitutes, but these are punished indiscriminately without regard to any prejudice. States, concerned about the situation mentioned above, have created laws against discrimination and, in particular, have created laws against hate crimes in order to provide special protection to groups that are affected by these violent practices (Henry 2010).
It can be concluded that violent or hate crimes vary depending on the context and prejudices that have a specific society, but equally present in all societies, which have already been created means to resolve this situation.
Historical Background of Hate Crimes
As defined in the 1999 survey of victims of domestic crimes, “A hate crime is a criminal offense committed against a person or property, in whole or in part, because of the prejudices of offenders against a racial, a religion, ethnic group, a gender, sexual preference, or disability. The offense is considered a hate crime even if the perception of offenders for the victim as a member of a protected group is correct. Forty-five states and the District of Columbia have statutes criminalizing various types of hate crimes. Thirty-one states and the District of Columbia have statutes creating a cause for action in civil law, in addition to the criminal penalty, for similar acts (Walsh 2004). Twenty-seven states and the District of Columbia have statutes requiring the state to collect statistics on hate crimes. According to statistics of hate crimes reported in 2006 the FBI, hate crimes grew by eight percent statewide, with a ...