Hate Crimes and The Mitchell v. Wisconsin Decision
The American Heritage Dictionary defines hate as intense dislike or animosity. However, defining hate as the basis for a crime is not as easy without possibly jeopardizing constitutional rights in the process. Hate crime laws generally add enhanced punishments to existing statues. A hate crime law seeks to treat a crime, if it can be demonstrated that the offense was a hate crime differently from the way it would be treated under ordinary criminal law. Since the 1980s, the problem of hate crimes has attracted increasing research attention, especially from criminologists and law enforcement personnel who have focused primarily on documenting the prevalence of the problem and formulation criminal justice responses to it. Lawmakers have passed legislation to encourage data collection and attach enhanced penalties to hate crimes at both state and federal levels.
When Americans are assaulted merely because of their real or perceived sexual orientation, gender, or disability, the law should be as tough on their assailants as it currently is tough on criminals who attack based on racial, religious, or ethnic bias. Yet only in rare circumstances can the federal government investigate and prosecute hate violence against gays, lesbians, or bisexuals. Attempts have been made to reach a definition of hate crime, including that it is a crime, most commonly violence, motivated by prejudice, bias or hatred towards a particular group of which the victim is rarely significant to the offender and is most commonly a stranger to him or her. The current law (18 U.S.C. 245) permits federal prosecution of a hate crime only if the crime was motivated by bias based on race, religion, national origin, or color, and the assailant intended to prevent the victim from exercising a "federally protected right" (e.g. voting, attending school, etc.) This dual requirement substantially limits the potential for federal assistance in investigating or prosecuting hate crimes, even when the crime is particularly heinous.
Hate crimes demand a priority response because of their special emotional and psychological impact on the victim and the victims’ community. The damage done by hate crimes cannot be measured solely in terms of physical injury or dollars and cents. Hate crimes may effectively intimidate other members of the vi...
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Have you ever had a crime committed against you? In today’s society we are faced with crime all around us. There are crimes committed out of rage, revenge, jealousy, love, greed, etc; but there is another type of crime, or one could say act of violence, called hate crimes. Have you ever thought maybe that crime was committed against just because of your racial background, or religious beliefs? Throughout this country’s history, hate crimes have taken place, either by known groups who hate and, most commonly, individuals that are inspired by hate. Not until recently have the people of this country ever wanted to pass a law that would punish the guilty to an even higher extent because the crime was committed out of hate. There are two sides to every issue. Whether or not the issue is valid or if it is an unrealistic concept created by the media or by the federal government, then, in my opinion, passing a law of this type is totally unrealistic. It is almost impossible to prove that a crime is committed out of a bias hate. I feel that a law that punishes hate crimes should not be passed.
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Not only is violence and hate blatantly expressed in ways that hate crime laws are supposed to prevent and cease, but they are also expressed in these legal settings through physical and abusive mistreatment. This occurs when those incarcerated are denied medical and psychiatric care and resources, however, the system that does the punishing for hate crimes will never be punished for hate crimes, or crimes that it is delegated prevent. It is also extremely troublesome that police and the legal system that continuously and historically commits violent and hateful acts towards marginalized communities such as the trans community, are the ones who are delegated the role of preventing these offenses, and expected to uphold this duty, when history such as the Stonewall riots show that this is a dangerous course of action
There are several reasons why offenders commit hate crimes, they vary from case to case, however, one key element is fear which is caused by ignorance. The offenders fear the unknown and the competition they feel that exists, them vs. the ‘others’. When fear is accompanied by other factors it could potentially lead to a violent crime. “The
The fact that hate crimes still occur in America is another signpost that tolerance is still an unheard of notion to a lot of people. In 2007 the Federal Bureau of Investigation released statistics showing that 2,105 law enforcement agencies reported 9,080 offences of hate crime. This includes vandalism, intimidation, simple and aggravated assault, and murder. This also includes not only race statistics, but religious, sexual orientation, ethnicity, and disability motivated crimes. The Equal Employment Opportunity Commission released statistics of discrimination charges for the same year with all ...
A hate crime is an act of aggression against an individual's actual or perceived race, ethnicity, religions, disability, sexual orientation, or gender. Examples include assault and battery, vandalism, or threats which involve bias indicators - pieces of evidence like bigoted name-calling or graffiti.
When the topic of hate and bias crime legislation is brought up two justifications commonly come to mind. In her article entitled “Why Liberals Should Hate ‘Hate Crime Legislation” author Heidi M. Hurd discusses the courts and states views that those who commit hate and bias crimes ought to be more severely punished. She takes into consideration both sides of the argument to determine the validity of each but ultimately ends the article in hopes to have persuaded the reader into understanding and agreeing with her view that laws concerning the punishment of hate and bias laws should not be codified. Hate crime is described as a violent, prejudice crime that occurs when a victim is targeted because of their membership in a specific group. The types of crime can vary from physical assault, vandalism, harassment or hate speech. Throughout the article Hurd tried to defend her view and explain why there should be no difference of punishment for similar crimes no matter the reason behind it. Her reason behind her article came from the law that President Obama signed in 2009 declaring that crimes committed with hatred or prejudice should have more sever punishments. While the court has their own views to justify their reasoning behind such decisions, in the article Hurd brings up points and facts to prove the wrongfulness of creating such a law. However, though Hurd has made her views clear in the following essay I will discuss reasons why the penalties are justifiable, why they should receive the same degree of punishment, less punishment and my personal view on the topic.
With making the laws more strict the victums of hate crimes will be gaining more security and more protection from having violence and abuse taken out on them.
Every year the British Crime Survey estimates there are 260,000 incidents of hate crime (Hall, 2013). The Crown Prosecution Service perceives hate crime as encompassing physical and verbal abuse including, physical assault, damage to property, offensive graffiti and arson, threat of attack, verbal insults and harassment (Newburn, 2013). Hate crime embodies any criminal offence that is motivated by hostility or prejudice based upon the victims: disability, race, religion or belief, sexual orientation or transgender
A recent Annual Security and Fire Safety Report published by the University of Illinois at Urbana-Champaign say’s “that the number of hate crime that has been reported, is at an all-time high; therefore, actions are being done to help those on campus who have been affected by hate
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There are many who believe hate crime should be punished more severely since it ‘’has the potential to cause greater harm.’’ (Hate Crime Laws, 2014) Hate crimes, like racial discrimination, have unfortunately been a part of this country
Someone commits a hate crime every hour. In the most recent data collection, 2014, a reported 17, 876 hate crimes were committed. This is a national crisis that we cannot allow to continue.