Understanding Hate Crime Law Learning Module 3 Understanding Hate Crime Law

Groups Protected By Law Group Number Of States Race, religion, ethnicity: 46 Disability: 32 Sexual orientation: 32 Gender: 28 Gender Identity: 10 Political affiliation: 5 Age: 13

Federal Criminal Statistics

Federal Civil Statutes

State Laws Relevant to Hate Crime

Opposition to Hate Crime Laws

Argument: The acts that are covered by Hate Crime laws are already illegal and subject to prosecution, so the penalty enhancement provided by many of these laws effectively punish perpetrators twice. Copyright ©2003. Anti-Defamation League® • Used with permission

Response: Penalty enhancement is not unique to hate crimes, but are a standard part of the legal system. Because hate crimes are not directed solely at an individual victim but at entire classes of people, society has a right to protect itself through penalty enhancement. Copyright ©2003. Anti-Defamation League® • Used with permission

Argument: Hate Crime laws result in the same crimes being punished differently depending on the group identity of the victim. This produces a demonstrably unfair result in which certain classes of victims seem to receive greater legal protection than others, even though they are victims of the same crimes. This further polarizes and balkanizes our society. Copyright ©2003. Anti-Defamation League® • Used with permission

Response: All hate crime laws protect categories of victims, not specific identity groups. Therefore, whites are included in race, men in gender, Christians in religion, and heterosexuals in sexual orientation. If specific identity groups use these laws more often then majority groups, it is because these are the individuals targeted by hate. Copyright ©2003. Anti-Defamation League® • Used with permission

Argument: Hate Crime laws result in enhanced punishment based not on the criminal act itself, but on the motivation that produced it. In most cases, we can never know with any certainty what factors have motivated a given perpetrator. Rather, we are forced to intuit these from the circumstances of the case. Copyright ©2003. Anti-Defamation League® • Used with permission

Response: In many crimes, the motivation of the perpetrator is typically evaluated and taken into account when defendants are sentenced by courts in the United States. Evaluations of motivation are often the basis of decisions on bringing 1st versus 2nd degree charges and making determinations on other levels of felony indictments. Copyright ©2003. Anti-Defamation League® • Used with permission

Argument: Hate Crime laws punish ideas as an extension of a "politically correct thought police". Copyright ©2003. Anti-Defamation League® • Used with permission

Response: Hate Crime laws do not punish anyone for their thoughts alone. Punishment only results from a criminal act on the part of perpetrators. Copyright ©2003. Anti-Defamation League® • Used with permission

Argument: Hate Crime laws waste valuable police resources, tie up courts and prisons, and create identity-based divisions. Copyright ©2003. Anti-Defamation League® • Used with permission

Response: These "less serious" crimes are often indicators of serious community tension or the presence of hate groups. By allocating police attention in the early stages of escalation, a rapid response may bring people together in a common purpose, rather than producing social divisiveness. Copyright ©2003. Anti-Defamation League® • Used with permission

Argument: Hate Crime laws are simply symbolic. Copyright ©2003. Anti-Defamation League® • Used with permission

Response: Laws often have an educational function in proclaiming the basic values of a society. It is right and proper for a society to say through such legislation that hate crimes are a violation of the society's values and are not to be tolerated. Copyright ©2003. Anti-Defamation League® • Used with permission

Identifying Hate Crimes

Definition of Hate Crime Indicators Objective facts, circumstances, or patterns attending a criminal act(s) which, standing alone or in conjunction with other facts or circumstances, suggest that the offender’s actions were motivated in whole or in part by any form of bias. Copyright ©2001. Wiley-Cordone, J. Preventing Youth Hate Crime: A Multidisciplinary Training Manual. National Center for Hate Crime Prevention, Education Development Center, Inc.: Newton, MA. Used with permission

Bias Indicator Checklist • Location • Timing • Victim Visibility • Physical or Verbal Evidence • Victim/Witness Perception Copyright ©2001. Wiley-Cordone, J. Preventing Youth Hate Crime: A Multidisciplinary Training Manual. National Center for Hate Crime Prevention, Education Development Center, Inc.: Newton, MA. Used with permission

Applying Hate Crime Law to Campuses

State Laws Relevant to Hate Crime

Campus Policies Relevant to Hate Crime

Case 1: Homecoming A white student and a Hispanic student have been dating. At a school event shortly before the homecoming dance, and again on the night of the dance, the couple sees three young white men shooting paint balls at the girl’s car. Prior to the incident, this couple has spoken out at a school assembly about racism and other forms of prejudice at their school. Copyright ©2001. Wiley-Cordone, J. Preventing Youth Hate Crime: A Multidisciplinary Training Manual. National Center for Hate Crime Prevention, Education Development Center, Inc.: Newton, MA. Used with permission

Case 2: Homophobic Graffiti On the same day speakers from the gay community address some classes on campus, the phrases "AIDS from God you hell-bound homos," and "Fags deserve to die" are spray-painted outside the student union (where the local BGLAD chapter is located). The graffiti is visible to persons entering the building and to drivers on the street. Two students are overheard joking about how they left their dorm rooms in the middle of the night to spray-paint the school. Copyright ©2001. Wiley-Cordone, J. Preventing Youth Hate Crime: A Multidisciplinary Training Manual. National Center for Hate Crime Prevention, Education Development Center, Inc.: Newton, MA. Used with permission