Hate Crimes a Hate Crime

Hate Crimes

"A hate crime is a criminal offense committed against persons, property, or society that is motivated, in whole or in part, by an offender's bias against an individual's or a group's race, religion, ethnic/national origin, gender, age, disability or sexual orientation. (Definition developed at the 1998 IACP Summit on Hate Crime in America)." (Turner, 2008).

Legal definitions of hate crimes vary by jurisdiction.

"The federal definition of hate crimes addresses civil rights violations under 18 U.S.C. Section 245." (Turner, 2008).

State definitions of hate crimes vary.

Some local governmental units, such as counties or cities, also have hate crime legislation.

Hate crime legislation generally does not create a new crime, but provides for enhanced penalties for existing crimes, such as assault, vandalism, etc., when the victim is targeted because of a protected personal characteristic.

C. Hate crimes differ from normal crimes.

"Hate crimes are often especially brutal or injurious." (Turner, 2008).

2. "Victim(s) usually feel traumatized and terrified," and this terror spills over into the communities that share the targeted characteristics. (Turner, 2008).

3. Hate crimes can cause community unrest, escalate prejudice, and prompt retaliation. (Turner, 2008).

II. History

Hate crimes probably predate written history, but written histories are replete with stories about individuals being targeted for violence or harassment because of race, religious affiliation, gender, or sexual orientation.

In the United States, the Federal Bureau of Investigation (FBI) began to formally investigate hate crimes in the early 1920s, when it opened its first Ku Klux Klan case. (FBI, 2008).

The FBI's role in investigating hate crimes increased during the 1960s Civil Rights Movement, which saw an increase in race-motivated violence.

The term 'hate crime' did not enter the nation's vocabulary until the 1980s, when emerging hate groups like the Skinheads launched a wave of bias-related crime." (FBI, 2008).

The federal government enacted specific hate crimes statutes in the 1990s.

III. Legislation

A. A substantial portion of hate crimes are prosecuted under the federal civil rights statutes.

1. 18 U.S.C.S. 241 - Conspiracy Against Rights

2. 18 U.S.C.S. 242 - Deprivation of Rights Under Color of Law

3. 18 U.S.C.S. 245 - Federally Protected Activities

4. 18 U.S.C.S. 247 - Church Arson Prevention Act of 1996

5. 18 U.S.C.S. 248 - Freedom of Access to Clinic Entrances Act

6. 18 U.S.C.S. 844(h) - Federal Explosives Control Statute

7. 42 U.S.C.S. 3631 - Criminal Interference with Right to Fair Housing

8. 42 U.S.C.S. 14141 - Pattern and Practice

B. There are also federal laws specifically addressing hate crimes.

1. 28 U.S.C.S 534 - the Hate Crime Statistics Act a. Enacted in 1990.

b. Required the Justice Department to acquire data on crimes based on racial, religious, sexual orientation, or ethnic prejudice, and to publish annual findings. (Anti-Defamation League, 2006).

Expanded to include crimes based on bias towards disability by the Violent Crime and Law Enforcement Act of 1994, Pub. L. No. 102-322, 108 Stat. 1796. (Anti-Defamation League, 2006).

Hate Crimes Sentencing Act

Enacted as 280003 of the Violent Crime Control and Law Enforcement Act of 1994.

On November 1, 1995, federal sentencing guidelines, which enhanced the penalties for hate crimes, took effect.

3. 42 U.S.C.S. 13981 - the Violence Against Women Act of 1994

IV. Famous Hate Crimes

Matthew Shepard was attacked and killed by Russell Henderson and Aaron McKinney on October 12, 1998. The attack was motivated by Shepard's homosexuality.

The case brought national attention to the issue of hate crimes.

Shepard's killers were convicted of murder, but not charged with a hate crime because there was no Wyoming hate crime legislation at that time.

Brandon Teena was raped on December 24, 1993, and later murdered on December 31, 1993 by John Lotter and Marvin Nissen. Their attacks were motivated by Brandon's transgender status.

The story was the subject of the movie "Boys Don't Cry."

The criminal cases against the defendants are ongoing.

a. Nissen

1) Pled to being an accessory and testified against Lotter.

2) Received a life sentence.

3) Appealed his sentence.

4) Recanted his testimony against Lotter on September 20, b. Lotter

1) Was convicted of murder.

2) Received the death penalty.

3) His sentence and conviction are currently under appeal.

James Byrd, Jr. was murdered by Shawn Allen Berry, Lawrence Russel Brewer, and John William King on June 7, 1998 in Jasper, Texas. The murder was motivated by Byrd's race.

1. A KKK lighter was found with Byrd's body.

2. The killing was brutal- Byrd was beaten, then tied to back of a pickup truck and dragged for approximately three miles; evidence suggests he was alive during this torture.

3. King and Brewer were known white supremacists and were given the death penalty.

4. Berry was given life in prison.