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Criminal Justice Hate Crime Definition: Crime committed because of the victims' race, ethnicity, religion, sexual orientation, or other group characteristic. Significance: Hate crime is not new, but it has only been since the late decades of the twentieth century that it has received extensive scholarly and legal attention. Studying and preventing hate crime has proved to be a challenging task. During the 1980's states began passing laws against what became known as hate, or bias, crimes. Although these laws differed considerably from jurisdiction to jurisdiction, most of them worked by adding additional penalties when offenders chose their victims because of their membership, or presumed membership, in certain racial, ethnic, religious, or sexual orientation groups. By the end of the twentieth century, nearly every state had some form of hate crime law, as did many nations. The U.S. federal government also passed a law requiring the Department of Justice to collect hate crime data from local law-enforcement agencies. Proponents of hate crime laws argued that special legislation was needed for several reasons. Existing laws, such as those in some states that prohibited desecrating cemeteries and places of worship, covered only a small proportion of bias-motivated crime. Many people and groups believed that the frequency of hate crimes was increasing. Furthermore, it was argued, hate crimes are worse than "ordinary" crimes because they have a greater impact on victims and communities. Hate crime laws have been challenged on a number of constitutional grounds. The U.S. Supreme Court has ruled on them in such cases as Wisconsin v. Mitchell, (1993) R.A.V. v. City of St. Paul (1992), and Virginia v. Black (2003). These rulings have made it permissible to punish offenders when their crimes are motivated by their victims' group membership. Moreover, and bias may be considered as an aggravating circumstance in death penalty cases. However, laws that seek to punish expressions of bias, such as cross burning, must be drafted carefully so as to avoid infringing on First Amendment rights. Aside from the constitutional issues, the other major debate concerning hate crimes has centered around what kind of groups to include within the protection of the laws. All hate crime statutes include race, religion, and ethnicity, but other categories have been more controversial. Many hate crime laws do not include crimes on the basis of sexual orientation, even though gays and lesbians are frequent targets. States are also split as to whether they include gender and disability. Police and Hate Crimes It has proven to be difficult to enforce hate crime laws effectively. Few of these crimes--probably less than one-third--are reported to police. This is due to a number of factors, including victims' fears and lack of understanding of the law, as well as poor relations between some communities and their police. Attempts have been made to improve police handling of hate crimes. Some states, such as California, require training on hate crimes in their police academies. Many jurisdictions have created special bias crime units, although the effectiveness of these units varies widely. Despite these efforts, arrests for hate crimes remain uncommon, and successful prosecutions are even rarer. This is because convicting offenders on hate crime charges requires proving their biased motive beyond a reasonable doubt, which is often difficult. Even California, which has the largest number of reported hate crimes in the nation--around one-quarter of the total--usually has only about two hundred hate crime convictions a year. The Impact of Hate Crimes The most common victims of hate crimes in virtually every jurisdiction are African Americans. Gays and lesbians and Jews are also frequent targets. However, members of virtually every ethnic group, including whites, experience hate crimes to some extent. Homicides are rarely connected with hate crimes, although they tend to garner media attention. Much more common are assaults and vandalism. It is difficult to assess the full impact of hate crimes upon victims and communities. Only a handful of studies have carefully examined whether hate crime victims were more psychologically damaged than victims of what are considered "ordinary" crimes. The studies do suggest that hate crimes might be more harmful in some cases, but more research must be done before firm conclusions can be drawn. Even fewer studies have looked at the impact of hate crimes on communities at large. Certainly some of the more egregious incidents have received extensive media attention. These have included the killing of gay college student Matthew Shepard in Wyoming, the dragging murder of James Byrd in Texas, and the murder of transgendered teenager Gwen Araujo in California. The term "hate crime" is certainly one with which most members of the public have become familiar. Whether these crimes have a greater ripple effect than other kinds of crimes, however, is unknown. One thing that does appear clear is that, contrary to popular belief, the number of hate crimes in the United States has not been increasing. Some events have certainly led to an increase in hate crime against certain people, such as crimes against Muslims after the terrorist attacks of September 11, 2001. However, the overall number of hate crimes reported to the police has remained relatively constant, with about nine thousand crimes reported throughout the United States during the first years of the twenty-first century. Organized Hate To many people thinking of hate crime, the first image that leaps to mind is that of organized hate groups, such as the Ku Klux Klan and other white supremacist bodies. The numbers of these groups vary from year to year. In 2003, it was estimated that approximately seven hundred hate groups were active in the United States. Another thing that tends to vary over time is the types of groups that are active. There are many different branches of organized hate in the United States. The oldest of these is the Ku Klux Klan, which has existed in various incarnations since the Civil War. At the start of the twenty-first century, there were actually numerous Klan organizations, many of which were in conflict with one another. Other types of hate groups that remain active include racist Skinheads, militias and extremist patriot groups, and white nationalist organizations. There are also a smaller number of nonwhite extremist groups, such as black nationalists and Jewish extremists. It is difficult for law-enforcement agencies to track hate groups for several reasons. Group memberships and leaders tend to be fluid, and the groups tend to form and dissolve quickly. By the beginning of the twenty-first century, many of these groups had abandoned their traditional military-style uniforms and were attempting to appear less extremist and more mainstream. Furthermore, in part to avoid legal liability for the acts of their members, many groups began officially disclaiming criminal acts. Some even claimed to be "love" groups rather than hate groups. When their members do commit violent acts, the groups with which they are affiliated typically claim to have nothing to do with the crimes. Some hate group leaders have also encouraged "lone wolf activism," telling their followers to act as individuals or in small cells, rather than in large groups. Another law-enforcement difficulty in dealing with hate groups is that everyone in the United stats is protected by the First Amendment, which guarantees citizens the freedom to join organizations--even hate groups--and to create, distribute, and possess bias-filled literature or symbols, so long as no criminal acts are committed. The United States probably has a greater diversity of hate groups than any other nation, but other countries their own hate groups. Around the turn of the twenty-first century, hate groups in the United States were increasing their ties to groups abroad. This trend has been facilitated by the growing ease of communication on the Internet. It has been estimated that there are at hundreds, and perhaps even thousands, of Web sites with content devoted to hate. Although the content of some of these sites is illegal in other countries, most are protected by the First Amendment in the United States. For this reason, foreign hate groups often use American Internet service providers. These international ties further complicate law enforcement, both in the Unites States and abroad. Another complication is the often thin line between hate crimes and terrorism. It is unclear what the full impact of organized hate groups is on hate crime. Most people who commit hate crimes do not belong to such groups, but it is possible that the groups' rhetoric and literature may motive unaffiliated people to commit hate crimes. Combating Hate Crimes Hate crime laws are not the only method that has been created to combat hate crimes. In some communities, task forces and other organizations have been created to improve hate crime responses and to improve communications among community groups and government agencies. These organizations typically involve representatives from law enforcement, government prosecutors, educational institutions, and other community-based groups. Many organizations make fighting a hate crimes a primary part of their mission. Some are large, such as the Jewish Anti-Defamation League and the National Gay and Lesbian Task Force. Others are grassroots groups, sometimes run by as few as one or two volunteers. In addition to tracking hate groups and lobbying for hate crime legislation, these groups' activities have included educating young people, adults, and police officers; victims' advocacy; and counseling and treatment of offenders. Phyllis B. Gerstenfeld Further ReadingAnti-Defamation League. Hate Hurts: How Children Learn and Unlearn Prejudice. New York: Chicken House, 2000. Guidebook to the development and reduction of prejudice in children. Bell, Jeannine. Policing Hatred: Law Enforcement, Civil Rights, and Hate Crime. New York: New York University Press, 2002. Examination of how police departments deal with hate crimes. Gerstenfeld, Phyllis B. Hate Crimes: Causes, Controls, and Controversies. Thousand Oaks, Calif.: Sage Publications, 2004. Comprehensive textbook on all aspects of hate crimes. King, Joyce. Hate Crime: The Story of a Dragging in Jasper, Texas. New York: Pantheon, 2002. Vivid account of James Byrd's savage murder by white racists in Texas. Levin, Jack. The Violence of Hate: Confronting Racism, Anti-Semitism, and Other Forms of Bigotry. Boston: Allyn & Bacon, 2002. Broad overview of hate crimes, with particular attention to crimes against members of racial, ethnic, and religious groups. Neiwert, David. Death on the Fourth of July: The Story of a Killing, a Trial, and Hate Crime in America. New York: Palgrave Macmillan, 2004. True story of a hate crime in Washington that led to a death. Perry, Barbara. In the Name of Hate: Understanding Hate Crimes. New York: Routledge, 2001. Sociological explanation of why hate crimes occur. Streissguth, Thomas. Hate Crimes. New York: Facts On File, 2003. Overview and bibliography of hate crimes. See Also Bowers v. Hardwick; Computer crime; Ku Klux Klan; Lynching; R.A.V. v. City of St. Paul; September 11, 2001, attacks; Sexual harassment; Victimology; Virginia v. Black; Wisconsin v. Mitchell. |
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