Hate Crimes

Hate Crimes in the United States

Hate Crimes

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled HATE CRIMESA hate crime is a crime committed as an act of prejudice against the person or property of a victim as a result of that victim’s real or perceived membership in a particular group. Although “hate crime” is the popular term used in connection with bias-motivated violence, “bias crime” is
(read more about Constitutional law entries here).

Some Constitutional Law Popular Entries

Hate Crimes and Liability for Bias-Motivated Acts

This section discusses generally the subject of Hate Crimes and Liability for Bias-Motivated Acts, how to determine the facts essential to Hate Crimes and Liability for Bias-Motivated Acts, and, to some extent, how to prove it in litigation and defense. Related topics are also addressed.

Resources

See Also

  • Legal Topics.
  • Crime: Definition; Gender and Crime; Mens Rea; Race and Crime; Sentencing: Disparity.

    Criminal Law; Freedom of Speech; Motive; Prejudice.

    Crime ; Discrimination ; Group Libel Laws.

    Related Case Law

    Apprendi v. New Jersey, 120 S. Ct. 2348 (2000).

    Barclay v. Florida, 463 U.S. 939 (1983).

    Dawson v. Delaware, 503 U.S. 159 (1992).

    Jones v. Alfred H. Mayer, 392 U.S. 409 (1968).

    R.A.V. v. City of St. Paul, 505 U.S. 377 (1992).

    Runyon v. McCrary, 427 U.S. 160 (1976).

    Wisconsin v. Mitchell, 508 U.S. 476 (1993).

    Further Reading (Books)

    Altschiller, Donald. Hate Crimes: A Reference Handbook. Santa Barbara, Calif.: ABC-CLIO, Inc., 1999.

    Anti-Defamation League of B’nai B’rith. Hate Crimes Laws: A Comprehensive Guide. New York: Anti-Defamation League, 1994.

    Bowling, Benjamin. Violent Racism: Victimisation, Policing, and Social Context. Oxford, U.K.: Clarendon Press, 1998.

    Bureau of Justice Assistance, U.S. Department of Justice. A Policymaker’s Guide to Hate Crimes. Washington, D.C.: Department of Justice, 1997.

    Dillof, Anthony. “Punishing Bias: An Examination of the Theoretical Foundations of Bias Crime Statues.” Northwestern University Law Review 91 (1997): 1015.

    Kelly, Robert J., ed. Bias Crime: American Law Enforcement and Legal Responses. Chicago: University of Illinois, 1991.

    Jacobs, James B., and Potter, Kimberly. Hate Crimes: Criminal Law and Identity Politics. New York: Oxford University Press, 1998.

    Lawrence, Frederick M. “The Punishment of Hate: Toward a Normative Theory of Bias-Motivated Violence.” Michigan Law Review 93 (1994): 320.

    Punishing Hate: Bias Crimes Under American Law. Cambridge, Mass.: Harvard University press, 1999.

    Levin, Jack, and Mcdevitt, Jack. Hate Crimes: The Rising Tide of Bigotry and Bloodshed. New York: Plenum Press, 1993.

    Wang, Lu-in. Hate Crimes Law. St. Paul, Minn.: Clark, Boardman & Callaghan, 1997.

    Further Reading (Books 2)

    Altschiller, Donald. 2005. Hate Crimes: A Reference Handbook. 2nd ed. Santa Barbara, CA: ABC-CLIO.

    Federal Bureau of Investigation. Hate Crime Statistics. 1995-2005. http://www.fbi.gov/hq/cid/civilrights/hate.htm.

    Gerstenfeld, Phyllis B. 2004. Hate Crimes: Causes, Controls, and Controversies. Thousand Oaks, CA: Sage.

    Jacobs, James B., and Kimberly Potter. 1998. Hate Crimes: Criminal Law and Identity Politics. New York: Oxford University Press.

    Lawrence, Frederick M. 1999. Punishing Hate: Bias Crimes under American Law. Cambridge, MA: Harvard University Press.

    McClintock, Michael. 2005. Everyday Fears: A Survey of Violent Hate Crimes in Europe and North America. Washington, DC: Human Rights First.

    United National High Commissioner for Human Rights: World Conference on Human Rights in Vienna on 25 June 1993. Vienna Declaration and Programme of Action. http://www.ohchr.org/english/law/vienna.htm.

    Donald Altschiller

    Jacobs, James B., and Kimberly Potter. Hate Crimes. New York: Oxford University Press, 1998.

    “Symposium: Federal Bias Crime Law.” Boston University Law Review 80 (2000): 1185-1449.

    Wang, Lu-in. Hate Crimes Law. St. Paul: West, 1993. Comprehensive reference source on federal and state hate crime law.

    KentGreenfield

    Further Reading (Articles)

    Hate Crime Victimization, 2004-2012 – Statistical Tables, States News Service; February 20, 2014

    Hate Crime Reports Drop by More Than One-Third over Past Decade in California, Whittier Daily News; November 27, 2013; Valenzuela, Beatriz

    Hate crime on the rise, Whittier Daily News; December 14, 2006; Troy Anderson

    HATE CRIMES PLUNGE 21 PERCENT IN COUNTY REPORT: ANTI-SEMITIC INCIDENTS SOAR BY 49 PERCENT., Daily News (Los Angeles, CA); December 22, 2010

    Hate Crimes Skyrocket; Blacks Still Greatest Victims, Sentinel; September 5, 2001; Herrera, Kevin

    Hate Crimes and Disability in America, Rehabilitation Counseling Bulletin; January 1, 2004; McMahon, Brian T West, Steven L Lewis, Allen N Armstrong, Amy J Conway, Joseph P

    Hate-crime laws are noble yet ill-advised, Deseret News (Salt Lake City); May 13, 2007; George F. Will

    Understanding Hate Crime Statutes and Building towards a Better System in Texas, American Journal of Criminal Law; April 1, 2013; Gillis, Ben

    Hate Crimes Dropping, Md. Police Find; Cases Are Underreported, Mislabeled, Activists Say, The Washington Post; September 13, 2001; Manuel Roig-Franzia

    HATE CRIMES IN CALIFORNIA DROP 20 PERCENT IN 2009, US Fed News Service, Including US State News; July 23, 2010

    Hate crimes are not a black and white issue, Charleston Daily Mail; November 2, 2007; SHAYA TAYEFE MOHAJER and TOM BREEN

    Hate crimes really are different: ; Acts that poison society deserve special treatment, Charleston Daily Mail; December 2, 1999; Ellen Goodman

    Hate crimes and violence on college and university campuses, Journal of College Student Development; January 1, 1999; Downey, John P Stage, Frances K

    HATE CRIMES ESCALATE IN L.A. COUNTY.(News)(Statistical Data Included), Daily News (Los Angeles, CA); August 24, 2001

    Hate Crimes., Israel Faxx; November 18, 2010

    HATE CRIMES IN WEST VALLEY UP 50% OVER LAST YEAR.(News)(Statistical Data Included), Daily News (Los Angeles, CA); July 18, 2000

    Hate Crimes, Encyclopedia of Sex and Gender: Culture Society History; January 1, 2007

    Hate crimes against gays hurt body and soul., Trial; January 1, 1998; Brienza, Julie

    Hate-crimes law: Where were claims of ‘special rights’ before issue of gays ?, The Charleston Gazette (Charleston, WV); July 12, 1999; Linda Bodie

    Hate crimes go unreported, victims encouraged to contact police, Between the Lines; March 20, 2008; Larkin, Jim

    Hate Crimes in State Statute Topics

    Introduction to Hate Crimes (State statute topic)

    The purpose of Hate Crimes is to provide a broad appreciation of the Hate Crimes legal topic. Select from the list of U.S. legal topics for information (other than Hate Crimes).

    Resources

    Further Reading

    Hate Crimes

    Hate Crimes, Sexual Behaviour and the Law

    Further Reading

    Hate Crimes in relation to Crime and Race

    Hate Crimes is included in the Encyclopedia of Race and Crime (1), beginning with: Hate crimes refers to crimes motivated by an offender’s dislike of a victim’s belonging to a “socially undesirable” group. Many scholars, politicians, and law enforcement officials have argued, however, that using the term hate crimes is inaccurate as such crimes are often motivated more by the offender’s biases than by hatred. Therefore, hate crimes are also frequently referred to as bias crimes, civil rights crimes , or ethnic intimidation. Although the definition of hate crime offending can include crimes against a variety of groups, race and religion are consistently embraced in the definition. Other group categories sometimes included are sexual orientation, physical or mental disability, gender, political affiliation, age, and national origin. Consistent, however, is the assumption of the existence of a predicate offense, or an underlying crime. Predicate offenses to hate crimes can include a range of crimes, from property destruction to homicide.

    Resources

    Notes and References

    1. Entry about Hate Crimes in the Encyclopedia of Race and Crime

    See Also


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