fbpx
Wikipedia

Hate crime

January 01, 1970

"Race hate" redirects here. For the song, see Message Man. For other uses, see Hate crime (disambiguation).

A hate crime (also known a bias crime)[1] is crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group.[2]

Examples of such groups can include, and are almost exclusively limited to race, ethnicity, disability, language, nationality, physical appearance, political views and/or affiliation, age, religion, sex, gender identity, and/or sexual orientation.[2][3][4][5] Non-criminal actions that are motivated by these reasons are often called "bias incidents".

Incidents may involve physical assault, homicide, damage to property, bullying, harassment, verbal abuse (which includes slurs) or insults, mate crime, or offensive graffiti or letters (hate mail).[6]

In the criminal law of the United States, the Federal Bureau of Investigation (FBI) defines a hate crime as a traditional offense like murder, arson, or vandalism with an added element of bias. Hate itself is not a hate crime but committing a crime motivated by bias against one or more of the social groups listed above, or by bias against their derivatives constitutes a hate crime.[7] A hate crime law is a law intended to deter bias-motivated violence.[8] Hate crime laws are distinct from laws against hate speech: hate crime laws enhance the penalties associated with conduct which is already criminal under other laws, while hate speech laws criminalize a category of speech. Hate speech is a factor for sentencing enhancement in the United States, distinct from laws that criminalize speech.

History edit

The term "hate crime" came into common usage in the United States during the 1980s, but it is often used retrospectively in order to describe events which occurred prior to that era.[9] From the Roman persecution of Christians to the Nazi slaughter of Jews, hate crimes were committed by individuals as well as governments long before the term was commonly used.[5] A major part of defining crimes as hate crimes is determining that they have been committed against members of historically oppressed groups.[10][11]

As Europeans began to colonize the world from the 16th century onwards, indigenous peoples in the colonized areas, such as Native Americans, increasingly became the targets of bias-motivated intimidation and violence.[12][13] During the past two centuries, typical examples of hate crimes in the U.S. include lynchings of African Americans, largely in the South, lynchings of Europeans in the East, and lynchings of Mexicans and Chinese in the West; cross burnings in order to intimidate black activists or drive black families out of predominantly white neighborhoods both during and after Reconstruction; assaults on lesbian, gay, bisexual and transgender people; the painting of swastikas on Jewish synagogues; and xenophobic responses to a variety of minority ethnic groups.[14]

The verb "to lynch" is attributed to the actions of Charles Lynch, an 18th-century Virginia Quaker. Lynch, other militia officers, and justices of the peace rounded up Tory sympathizers who were given a summary trial at an informal court; sentences which were handed down included whipping, property seizure, coerced pledges of allegiance, and conscription into the military. Originally, the term referred to the extrajudicial organized but unauthorized punishment of criminals. It later evolved to describe executions which were committed outside "ordinary justice". It is highly associated with white suppression of African Americans in the South, and periods of weak or nonexistent police authority, as in certain frontier areas of the Old West.[5]

Due to the COVID-19 pandemic, the violence against people of Chinese origin significantly increased on the background of accusation of spreading the virus.[15][16][17] In May 2020, the Polish-based "NEVER AGAIN" Association published its report titled The Virus of Hate: The Brown Book of Epidemic, that documented numerous acts of racism, xenophobia, and discrimination that occurred in the wake of coronavirus pandemic, as well as cases of spreading hate speech and conspiracy theories about the epidemic by the Alt-Right.[18]

Psychological effects edit

Hate crimes can have significant and wide-ranging psychological consequences, not only for their direct victims but for others of the group as well. Moreover, victims of hate crimes often experience a sense of victimization that goes beyond the initial crime, creating a heightened sense of vulnerability towards future victimization.[19] In many ways, hate crime victimization can be reminder to victims of their marginalized status in society, and for immigrants or refugees, may also serve to make them relieve the violence that drove them to seek refuge in another country.[20] A 1999 U.S. study of lesbian and gay victims of violent hate crimes documented that they experienced higher levels of psychological distress, including symptoms of depression and anxiety, than lesbian and gay victims of comparable crimes which were not motivated by antigay bias.[21] A manual issued by the Attorney-General of the Province of Ontario in Canada lists the following consequences:[22]

Impact on the individual victim
psychological and affective disturbances; repercussions on the victim's identity and self-esteem; both reinforced by a specific hate crime's degree of violence, which is usually stronger than that of a common crime.
Effect on the targeted group
generalized terror in the group to which the victim belongs, inspiring feelings of vulnerability among its other members, who could be the next hate crime victims.
Effect on other vulnerable groups
ominous effects on minority groups or on groups that identify themselves with the targeted group, especially when the referred hate is based on an ideology or a doctrine that preaches simultaneously against several groups.
Effect on the community as a whole
divisions and factionalism arising in response to hate crimes are particularly damaging to multicultural societies.

Hate crime victims can also develop depression and psychological trauma.[23] They suffer from typical systems of trauma: lack of concentration, fear, unintentional rethinking of the incident and feeling vulnerable or unsafe. These symptoms may be severe enough to qualify as PTSD. In the United States, the Supreme Court has accepted the claim that hate crimes cause 'distinct emotional harm' to victims. People who have been victims of hate crimes avoid spaces where they feel unsafe which can make communities less functional when ties with police are strained by persistent group fears and feelings of insecurity.[24] In the United States, hate crime has been shown to reduce educational attainment among affected groups—particularly among black, non-Hispanic victims.[25]

A review of European and American research indicates that terrorist bombings cause Islamophobia and hate crimes to flare up but, in calmer times, they subside again, although to a relatively high level. Terrorists' most persuasive message is that of fear; a primary and strong emotion, fear increases risk estimates and has distortive effects on the perception of ordinary Muslims. Widespread Islamophobic prejudice seems to contribute to anti-Muslim hate crimes, but indirectly; terrorist attacks and intensified Islamophobic prejudice serve as a window of opportunity for extremist groups and networks.[26]

Motivation edit

Sociologists Jack McDevitt and Jack Levin's 2002 study into the motives for hate crimes found four motives, and reported that "thrill-seeking" accounted for 66 percent of all hate crimes overall in the United States:[27][28]

  • Thrill-seeking – perpetrators engage in hate crimes for excitement and drama. Often, there is no greater purpose behind the crimes, with victims being vulnerable because they have an ethnic, religious, sexual or gender background that differs from their attackers. While the actual animosity present in such a crime can be quite low, thrill-seeking crimes were determined to often be dangerous, with 70 percent of thrill-seeking hate crimes studied involving physical attacks. Typically, these attacks are perpetrated by groups of young teenagers or adults seeking excitement.[29]
  • Defensive – perpetrators engage in hate crimes out of a belief they are protecting their communities. Often, these are triggered by a certain background event. Perpetrators believe society supports their actions but is too afraid to act and thus they believe they have communal assent in their actions.
  • Retaliatory – perpetrators engage in hate crimes out of a desire for revenge. This can be in response to perceived personal slights, other hate crimes or terrorism. The "avengers" target members of a group whom they believe committed the original crime, even if the victims had nothing to do with it. These kinds of hate crimes are a common occurrence after terrorist attacks.
  • Mission offenders – perpetrators engage in hate crimes out of ideological reasons. They consider themselves to be crusaders, often for a religious or racial cause. They may write complex explanations for their views and target symbolically important sites, trying to maximize damage. They believe that there is no other way to accomplish their goals, which they consider to be justification for excessive violence against innocents. This kind of hate crime often overlaps with terrorism, and is considered by the FBI to be both the rarest and deadliest form of hate crime.

In a later article, Levin and fellow sociologist Ashley Reichelmann found that following the September 11 attacks, thrill motivated hate crimes tended to decrease as the overall rate of violent crime decreased while defensive hate crimes increased substantially. Specifically, they found that 60% of all hate motivated assaults in 2001 were perpetrated against those the offenders perceived to be Middle Eastern and were motivated mainly by a desire for revenge.[30] Levin and McDevitt also argued that while thrill crimes made up the majority of hate crimes in the 1990s, after September 11, 2001, hate crimes in the United States shifted from thrill offenses by young groups to more defensive oriented and more often perpetrated by older individuals respond to a precipitating event.[29]

The motivations of hate-crime offenders are complex. Therefore, there is no one theory that can completely account for hate-motived crimes.[31] However, Mark Austin Walters previously attempted to synthesize three interdisciplinary theories to account for the behavior of hate-crime offenders:

1.Strain Theory: suggests that hate crimes are motivated by perceived economic and material inequality, which results in differential attitudes towards outsiders who may be viewed as “straining” already scarce resources. An example of this can be seen in the discourse surrounding some people’s apprehension towards immigrants, who feel as though immigrants and/or refugees receive extra benefits from government and strain social systems.

2.Doing Difference Theory: suggests that some individuals fear groups other than their own and, as a result of this, seek to suppress different cultures.

3.Self-Control Theory: suggests that a person’s upbringing determines their tolerance threshold towards others, here individuals with low self-esteem are often impulsive, have poor employment prospects, and have little academic success.

Walters argues that a synthesis of these theories provides a more well-rounded scope of the motivations behind hate crimes, where he explains that social, cultural, and individual factors interact to elicit the violence behavior of individuals with low self-control.[32]

Additionally, psychological perspectives within the realm of behaviorism have also contributed to theoretical explanations for the motivations of hate crimes particularly as it relates to conditioning and social learning. For instance, the seminal work of John B. Watson and Rosalie Rayner illustrated that hate, a form of prejudice, was a conditioned emotional response.[33] Later on, the work of Arthur Staats and Carolyn Staats illustrated that both hate and fear were learned behavioral responses.[34] In their experiment, Staats and Staats paired positive and negative works with several different nationalities. The pairing of verbal stimuli was a form of conditioning, and it was found to influence attitude formation and attitude change.

These studies are of interest when considering modern forms of prejudice directed towards ethnic, religious, or racial groups.[35] For instance, there was a significant increase in Islamophobia and hate crimes following the 9/11 terrorist attacks on the United States. Simultaneously, the news media was consistently pairing Islam with terrorism. Thus, the pairing of verbal stimuli in the media contributed to widespread prejudice towards all Arab individuals in a process that is known as semantic generalization, which refers to how a learned behavior can generalize across situations based on meaning or other abstract representations.[36] These occurrences continue today with the social and political discourse that contribute to the context in which people learn, come to form beliefs, and engage in behavioural actions. Although not all individuals with prejudicial attitudes go on to engage in hate-motived crime, it has been suggested that hate-crime offenders come to learn their prejudices through social interaction, consumption of biased news media, political hate speech, and internal misrepresentations of cultures other than their own.[37]

Risk management for hate-crime offenders edit

Compared to other types of offending, there has been relatively little research directed towards the management of hate-crime offenders.[38] However, risk management for hate-crime offenders is an important consideration for forensic psychology and public safety in order to decrease the potential for future harm. Forensic risk assessments are designed to evaluate the likelihood of re-offending and to aid in risk management strategies. While not specifically designed for hate crime offenders, some of the most common risk assessment tools used to assess risk for hate-crime offenders include the Violence Risk Appraisal Guide (VRAG; [39]), the Historical Clinical Risk Management 20 (HCR-20; [40]) and the Psychopathy Checklist-Revised (PCL-R; [41]). Research has shown that assessing and addressing risk posed by hate-crime offenders is especially complex, and while existing tools are useful, it is important to incorporate bias-oriented factors (Dunbar et al., 2005). That is, hate-crime offenders do tend to score high risk on tools including both static and dynamic factors, but severity has been found to not be solely related to these factors, illustrating a need to incorporate biases and ideological factors.[42]

Laws edit

Hate crime laws generally fall into one of several categories:

  1. laws defining specific bias-motivated acts as distinct crimes;
  2. criminal penalty-enhancement laws;
  3. laws creating a distinct civil cause of action for hate crimes; and
  4. laws requiring administrative agencies to collect hate crime statistics.[43] Sometimes (as in Bosnia and Herzegovina), the laws focus on war crimes, genocide, and crimes against humanity with the prohibition against discriminatory action limited to public officials.

Europe and Asia edit

Council of Europe edit

Since 2006, with the Additional Protocol to the Convention on Cybercrime, most signatories to that Convention – mostly members of the Council of Europe – committed to punish as a crime racist and xenophobic hate speech done through the internet. [44]

Andorra edit

Discriminatory acts constituting harassment or infringement of a person's dignity on the basis of origin, citizenship, race, religion, or gender (Penal Code Article 313). Courts have cited bias-based motivation in delivering sentences, but there is no explicit penalty enhancement provision in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare.[43]

Armenia edit

Armenia has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63).[43]

Austria edit

Austria has a penalty-enhancement statute for reasons like repeating a crime, being especially cruel, using others' helpless states, playing a leading role in a crime, or committing a crime with racist, xenophobic or especially reprehensible motivation (Penal Code section 33(5)).[45] Austria is a party to the Convention on Cybercrime, but not the Additional Protocol.

Azerbaijan edit

Azerbaijan has a penalty-enhancement statute for crimes motivated by racial, national, or religious hatred (Criminal Code Article 61). Murder and infliction of serious bodily injury motivated by racial, religious, national, or ethnic intolerance are distinct crimes (Article 111).[43] Azerbaijan is a party to the Convention on Cybercrime, but not the Additional Protocol.

Belarus edit

Belarus has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord.[43][46]

Belgium edit

Belgium's Act of 25 February 2003 ("aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the Centre for Equal Opportunities and the Fight against Racism") establishes a penalty-enhancement for crimes involving discrimination on the basis of gender, supposed race, color, descent, national or ethnic origin, sexual orientation, civil status, birth, fortune, age, religious or philosophical beliefs, current or future state of health and handicap or physical features. The Act also "provides for a civil remedy to address discrimination."[43] The Act, along with the Act of 20 January 2003 ("on strengthening legislation against racism"), requires the centre to collect and publish statistical data on racism and discriminatory crimes.[43] Belgium is a party to the Convention on Cybercrime, but not the Additional Protocol.

Bosnia and Herzegovina edit

The Criminal Code of Bosnia and Herzegovina (enacted 2003) "contains provisions prohibiting discrimination by public officials on grounds, inter alia, of race, skin colour, national or ethnic background, religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities (Article 145/1 and 145/2)."[47]

Bulgaria edit

Bulgarian criminal law prohibits certain crimes motivated by racism and xenophobia, but a 1999 report by the European Commission against Racism and Intolerance found that it does not appear that those provisions "have ever resulted in convictions before the courts in Bulgaria."[48]

Croatia edit

The Croatian Penal Code explicitly defines hate crime in article 89 as "any crime committed out of hatred for someone's race, skin color, sex, sexual orientation, language, religion, political or other belief, national or social background, asset, birth, education, social condition, age, health condition or other attribute".[49] On 1 January 2013, a new Penal Code was introduced with the recognition of a hate crime based on "race, skin color, religion, national or ethnic background, sexual orientation or gender identity".[50]

Czech Republic edit

The Czech legislation finds its constitutional basis in the principles of equality and non-discrimination contained in the Charter of Fundamental Rights and Basic Freedoms. From there, we can trace two basic lines of protection against hate-motivated incidents: one passes through criminal law, the other through civil law. The current Czech criminal legislation has implications both for decisions about guilt (affecting the decision whether to find a defendant guilty or not guilty) and decisions concerning sentencing (affecting the extent of the punishment imposed). It has three levels, to wit:

  • a circumstance determining whether an act is a crime – hate motivation is included in the basic constituent elements. If hate motivation is not proven, a conviction for a hate crime is not possible.
  • a circumstance determining the imposition of a higher penalty – hate motivation is included in the qualified constituent elements for some types of crimes (murder, bodily harm). If hate motivation is not proven, the penalty is imposed according to the scale specified for the basic constituent elements of the crime.
  • general aggravating circumstance – the court is obligated to take the hate motivation into account as a general aggravating circumstance and determines the amount of penalty to impose. Nevertheless, it is not possible to add together a general aggravating circumstance and a circumstance determining the imposition of a higher penalty. (see Annex for details)

Current criminal legislation does not provide for special penalties for acts that target another by reason of his sexual orientation, age or health status. Only the constituent elements of the criminal offence of Incitement to hatred towards a group of persons or to the curtailment of their rights and freedoms and general aggravating circumstances include attacking a so-called different group of people. Such a group of people can then, of course, be also defined by sexual orientation, age or health status. A certain disparity has thus been created between, on the one hand, those groups of people who are victimized by reason of their skin color, faith, nationality, ethnicity or political persuasion and enjoy increased protection, and, on the other hand, those groups that are victimized by reason of their sexual orientation, age or health status and are not granted increased protection. This gap in protection against attacks motivated by the victim's sexual orientation, age or health status cannot be successfully bridged by interpretation. Interpretation by analogy is inadmissible in criminal law, sanctionable motivations being exhaustively enumerated.[51]

Denmark edit

Although Danish law does not include explicit hate crime provisions, "section 80(1) of the Criminal Code instructs courts to take into account the gravity of the offence and the offender's motive when meting out penalty, and therefore to attach importance to the racist motive of crimes in determining sentence."[52] In recent years judges have used this provision to increase sentences on the basis of racist motives.[43][53]

Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation.[43]

Estonia edit

Under section 151 of the Criminal Code of Estonia of 6 June 2001, which entered into force on 1 September 2002, with amendments and supplements and as amended by the Law of 8 December 2011, "activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status, if this results in danger to the life, health or property of a person, are punishable by a fine of up to 300 fine units or by detention".[54]

Finland edit

Finnish Criminal Code 515/2003 (enacted 31 January 2003) makes "committing a crime against a person, because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing.[43][55] In addition, ethnic agitation (Finnish: kiihotus kansanryhmää vastaan) is criminalized and carries a fine or a prison sentence of not more than two years. The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is conveyed. A more aggravated hate crime, warmongering (Finnish: sotaan yllyttäminen), carries a prison sentence of one to ten years. However, in case of warmongering, the prosecution must prove an overt act that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation. The act in question may consist of

  1. illegal violence directed against a foreign country or its citizens,
  2. systematic dissemination of false information on Finnish foreign policy or defense
  3. public influence on the public opinion towards a pro-war viewpoint or
  4. public suggestion that a foreign country or Finland should engage in an aggressive act.[56]

France edit

In 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder were raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and the penalties for violent attacks leading to permanent disability were raised from 10 years (for non-hate crimes) to 15 years (for hate crimes).[43][57]

Georgia edit

"There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses. Certain crimes involving racist motivation are, however, defined as specific offenses in the Georgian Criminal Code of 1999, including murder motivated by racial, religious, national or ethnic intolerance (article 109); infliction of serious injuries motivated by racial, religious, national or ethnic intolerance (article 117); and torture motivated by racial, religious, national or ethnic intolerance (article 126). ECRI reported no knowledge of cases in which this law has been enforced. There is no systematic monitoring or data collection on discrimination in Georgia."[43]

Germany edit

The German Criminal Code does not have hate crime legislation, instead, it criminalizes hate speech under a number of different laws, including Volksverhetzung. In the German legal framework motivation is not taken into account while identifying the element of the offence. However, within the sentencing procedure the judge can define certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motives and aims of the perpetrator; the state of mind reflected in the act and the willfulness involved in its commission"[58] can be taken into consideration when determining the punishment; under this statute, hate and bias have been taken into consideration in sentencing in past cases.[59]

Hate crimes are not specifically tracked by German police, but have been studied separately: a recently published EU "Report on Racism" finds that racially motivated attacks are frequent in Germany, identifying 18,142 incidences for 2006, of which 17,597 were motivated by right-wing ideologies, both about a 14% year-by-year increase.[60] Relative to the size of the population, this represents an eightfold higher rate of hate crimes than reported in the US during the same period.[61] Awareness of hate crimes in Germany remains low.[62]

Greece edit

Article Law 927/1979 "Section 1,1 penalises incitement to discrimination, hatred or violence towards individuals or groups because of their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the establishment of, and membership in, organisations which organise propaganda and activities aimed at racial discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalises the act of refusing, in the exercise of one's occupation, to sell a commodity or to supply a service on racial grounds."[63] Public prosecutors may press charges even if the victim does not file a complaint. However, as of 2003, no convictions had been attained under the law.[64]

Hungary edit

Violent action, cruelty, and coercion by threat made on the basis of the victim's actual or perceived national, ethnic, religious status or membership in a particular social group are punishable under article 174/B of the Hungarian Criminal Code.[43] This article was added to the Code in 1996.[65] Hungary is a party to the Convention on Cybercrime, but not the Additional Protocol.

Iceland edit

Section 233a of the Icelandic Penal Code states "Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly abuses a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to two years."[66] Iceland is a party to the Convention on Cybercrime, but not the Additional Protocol.

India edit

India does not have any specific laws governing hate crimes in general other than hate speech which is covered under the Indian Penal Code.

Ireland edit

The Prohibition of Incitement to Hatred Act 1989 created the offence of inciting hatred against a group of persons on account of their race, colour, nationality, religion, ethnic or national origins, membership of the Traveller community (an indigenous minority group), or sexual orientation.[43][67] Frustration at the low number of prosecutions (18 by 2011) was attributed to a misconception that the law addressed hate crimes more generally as opposed to incitement in particular.[68]

In 2019, a UN rappourteur told Irish representatives at the Committee on the Elimination of Racial Discrimination, meeting at UN Geneva, to introduce new hate crime legislation to combat the low prosecution rate for offences under the 1989 act – particularly for online hate speech – and lack of training for the Garda Síochána on racially-motivated crimes. The rapporteur's points came during a rise in anti-immigrant rhetoric and racist attacks in Ireland and were based on reccomendations submitted by the Irish Human Rights and Equality Commission and numerous other civil society organisations. Reforms are supported by the Irish Network Against Racism.[69]

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill known as the "Hate Crime Bill", prohibiting hate speech or incitement to hate crimes based on protected characteristics, is in its Third Stage at the Seanad, Ireland's upper house, as of June 2023 and the Irish Times reports it is likely to become law in late 2023.[70][71] It has drawn concern from the Irish Council for Civil Liberties and from across the political spectrum (specifically from Michael McDowell, Rónán Mullen, and People Before Profit), as well as internationally, from business magnate Elon Musk and political activist Donald Trump Jr.[71] Paul Murphy of People Before Profit said the bill created a "thought crime" by its criminalisation of possessing material prepared for circulation where circulation would incite hatred.[71] Pauline O'Reilly, a Green Party senator said that the existing legislation was "not effective" and outdated, adding that the Gardaí saw a rise of 30% in hate crime in Ireland."[72]

Data published by the Gardaí showed a 29% increase in hate crimes and hate-related incidents from 448 in 2021 to 582 in 2022.[73] The Gardaí recognise that "despite improvements, hate crime and hate related incidents are still under-reported".[74]

Italy edit

Italian criminal law, at Section 3 of Law No. 205/1993, the so-called Legge Mancino (Mancino law), contains a penalty-enhancement provision for all crimes motivated by racial, ethnic, national, or religious bias.[43] Italy is a party to the Convention on Cybercrime, but not the Additional Protocol.

Kazakhstan edit

In Kazakhstan, there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority.[43]

Kyrgyzstan edit

In Kyrgyzstan, "the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes."[75]

Article 299 of the Criminal Code defines incitement to national, racist, or religious hatred as a specific offense. This article has been used in political trials of suspected members of the banned organization Hizb-ut-Tahrir.[43][76]

Poland edit

Article 13 of the Constitution of Poland prohibits organizations "whose programmes or activities sanction racial or national hatred".[77]

Russia edit

Article 29 of Constitution of the Russian Federation bans incitement to riot for the sake of stirring societal, racial, ethnic, and religious hatred as well as the promotion of the superiority of the same. Article 282 of the Criminal code further includes protections against incitement of hatred (including gender) via various means of communication, instilling criminal penalties including fines and imprisonment.[78] Although a former member of the Council of Europe, Russia is not a party to the Convention on Cybercrime.

Slovenia edit

In 2023, Slovenia introduced a penalty-enhancement provision in its Penal Code. If the victim's national, racial, religious or ethnic origin, sex, colour, descent, property, education, social status, political or other opinion, disability, sexual orientation or any other personal circumstance was a factor contributing to the commission of the criminal offence, it shall be taken into account when determining the penalty.[79]

Spain edit

Article 22(4) of the Spanish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's ideology, beliefs, religion, ethnicity, race, nationality, gender, sexual orientation, illness or disability.[43]

On 14 May 2019, the Spanish Attorney General distributed a circular instructing on the interpretation of hate crime law. This new interpretation includes nazis as a collective that can be protected under this law.[80]

Although a member of the Council of Europe, Spain is not a party to the Convention on Cybercrime.

Sweden edit

Article 29 of the Swedish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's race, color, nationality, ethnicity, sexual orientation, religion, or "other similar circumstance" of the victim.[43][81]

Ukraine edit

The constitution of Ukraine guarantees protection against hate crime:

  • Article 10: "In Ukraine, free development, use and protection of Russian and other languages of ethnic minorities of Ukraine are guaranteed".
  • Article 11: "The State shall promote the development of the ethnic, cultural, linguistic and religious identity of all indigenous peoples and ethnic minorities of Ukraine".
  • Article 24: "There can be no privileges or restrictions on the grounds of race, color of the skin, political, religious or other beliefs, sex, ethnic or social origin, property status, place of residence, language or other grounds".[82]

Under the Criminal Codex, crimes committed because of hatred are hate crimes and carry increased punishment in many articles of the criminal law. There are also separate articles on punishment for a hate crime.

Article 161: "Violations of equality of citizens depending on their race, ethnicity, religious beliefs, disability and other grounds: Intentional acts aimed at incitement to ethnic, racial or religious hatred and violence, to demean the ethnic honor and dignity, or to repulse citizens' feelings due to their religious beliefs, as well as direct or indirect restriction of rights or the establishment of direct or indirect privileges of citizens on the grounds of race, color, political, religious or other beliefs, sex, disability, ethnic or social origin, property status, place of residence, language or other grounds" (maximum criminal sentence of up to 8 years in prison).

Article 300: "Importation, manufacture or distribution of literature and other media promoting a cult of violence and cruelty, racial, ethnic or religious intolerance and discrimination" (maximum criminal sentence of up to 5 years in prison).[83]

United Kingdom edit

For England, Wales, and Scotland, the Sentencing Act 2020 makes racial or religious hostility, or hostility related to disability, sexual orientation, or transgender identity an aggravation in sentencing for crimes in general.[84]

Separately, the Crime and Disorder Act 1998 defines separate offences, with increased sentences, for racially or religiously aggravated assaults, harassment, and a handful of public order offences.

For Northern Ireland, Public Order 1987 (S.I. 1987/463 (N.I. 7)) serves the same purposes.[85] A "racial group" is a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. A "religious group" is a group of persons defined by reference to religious belief or lack of religious belief.

"Hate crime" legislation is distinct from "hate speech" legislation. See Hate speech laws in the United Kingdom.

The Crime Survey for England and Wales (CSEW) reported in 2013 that there were an average of 278,000 hate crimes a year with 40 percent being reported according to a victims survey; police records only identified around 43,000 hate crimes a year.[86][needs update] It was reported that police recorded a 57-percent increase in hate crime complaints in the four days following the UK's European Union membership referendum; however, a press release from the National Police Chief's Council stated that "this should not be read as a national increase in hate crime of 57 percent".[87][88]

In 2013, Greater Manchester Police began recording attacks on goths, punks and other alternative culture groups as hate crimes.[89]

On 4 December 2013 Essex Police launched the 'Stop the Hate' initiative as part of a concerted effort to find new ways to tackle hate crime in Essex. The launch was marked by a conference in Chelmsford, hosted by Chief Constable Stephen Kavanagh, which brought together 220 delegates from a range of partner organizations involved in the field. The theme of the conference was 'Report it to Sort it' and the emphasis was on encouraging people to tell police if they have been a victim of hate crime, whether it be based on race, religion, sexual orientation, transgender identity or disability.[90]

Crown Prosecution Service guidance issued on 21 August 2017 stated that online hate crimes should be treated as seriously as offences in person.[91]

Perhaps the most high-profile hate crime in modern Britain occurred in Eltham, London, on 24 April 1993, when 18-year-old black student Stephen Lawrence was stabbed to death in an attack by a gang of white youths. Two white teenagers were later charged with the murder, and at least three other suspects were mentioned in the national media, but the charges against them were dropped within three months after the Crown Prosecution Service concluded that there was insufficient evidence to prosecute. However, a change in the law a decade later allowed a suspect to be charged with a crime twice if new evidence emerged after the original charges were dropped or a "not guilty" verdict was delivered in court. Gary Dobson, who had been charged with the murder in the initial 1993 investigation, was found guilty of Stephen Lawrence's murder in January 2012 and sentenced to life imprisonment, as was David Norris, who had not been charged in 1993. A third suspect, Luke Knight, had been charged in 1993 but was not charged when the case came to court nearly 20 years later.[citation needed]

In September 2020 the Law Commission proposed that sex or gender be added to the list of protected characteristics.[92][93]

The United Kingdom is a party to the Convention on Cybercrime, but not the Additional Protocol.

A 2021 investigation by Newsnight and The Law Society Gazette found that alleged hate crimes in which the victim was a police officer were significantly more likely to result in a successful prosecution. The investigation found that in several areas, crimes against police officers and staff constituted up to half of all hate crimes convictions, despite representing a much smaller proportion of reported incidents.[94]

Scotland edit

Under Scottish Common law[citation needed] the courts can take any aggravating factor into account when sentencing someone found guilty of an offence. There is legislation dealing with the offences of incitement of racial hatred, racially aggravated harassment, and prejudice relating to religious beliefs, disability, sexual orientation, and transgender identity.[95] A Scottish Executive working group examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004.[96] Its main recommendations were not implemented, but in their manifestos for the 2007 Scottish Parliament election several political parties included commitments to legislate in this area, including the Scottish National Party, which now forms the Scottish Government. The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced on 19 May 2008 by Patrick Harvie MSP,[97] having been prepared with support from the Scottish Government, and was passed unanimously by the parliament on 3 June 2009.[98]

The Hate Crime and Public Order (Scotland) Act 2021 comes into force on 01 April 2024.[99] Its introduction was critcised by the Association of Scottish Police Superintendents saying it feared Police Scotland would be deluged by cases, diverting officers from tackling violent offenders and that the Act threatened to fuel claims of “institutional bias” against the force.[100]

Non-crime hate incidents edit

In March 2024, Scottish Conservatives MSP Murdo Fraser threatened Police Scotland with legal action following his criticism of the Scottish Government's transgender policy was logged as a "hate incident" after being told that his name appears in police records for expressing his view about the policy even though no crime was committed.[101] Fraser had shared a column written by Susan Dalgety for The Scotsman, which claimed the Scottish Government's 'non-binary equality action plan' would lead to children being "damaged by this cult" and commenting "Choosing to identify as 'non-binary' is as valid as choosing to identify as a cat. I'm not sure governments should be spending time on action plans for either."[102]

Eurasian countries with no hate crime laws edit

 
The famous fresco Bathing of the Christ, after being vandalized by a Kosovo Albanian mob during the 2004 unrest in Kosovo

Albania, Cyprus, San Marino and Turkey have no hate crime laws.[43] Nonetheless, all of these except Turkey are parties to the Convention on Cybercrime and the Additional Protocol.

North America edit

Canada edit

"In Canada the legal definition of a hate crime can be found in sections 318 and 319 of the Criminal Code".[103]

In 1996, the federal government amended a section of the Criminal Code that pertains to sentencing. Specifically, section 718.2. The section states (with regard to the hate crime):

A court that imposes a sentence shall also take into consideration the following principles:

  • (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and, without limiting the generality of the foregoing,
    • (i) evidence that the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor, ... shall be deemed to be aggravating circumstances.[103]

A vast majority (84 percent) of hate crime perpetrators were "male, with an average age of just under 30. Less than 10 of those accused had criminal records, and less than 5 percent had previous hate crime involvement".[104] "Only 4 percent of hate crimes were linked to an organized or extremist group".[105]

As of 2004, Jewish people were the largest ethnic group targeted by hate crimes, followed by black people, Muslims, South Asians, and homosexuals (Silver et al., 2004).[105]

During the Nazi regime in Germany, antisemitism was a cause of hate-related violence in Canada. For example, on 16 August 1933, there was a baseball game in Toronto and one team was made up mostly of Jewish players. At the end of the game, a group of Nazi sympathizers unfolded a Swastika flag and shouted "Heil Hitler." That event erupted into a brawl that pitted Jews and Italians against Anglo Canadians; the brawl went on for hours.[103]

The first time someone was charged for hate speech over the internet occurred on 27 March 1996. "A Winnipeg teenager was arrested by the police for sending an email to a local political activist that contained the message "Death to homosexuals...it's prescribed in the Bible! Better watch out next Gay Pride Week.'"[105]

During the COVID-19 pandemic, Canada saw a sudden rise in hate crimes based on race, religion, and sexual orientation.[106] Statistics Canada reported there was a 72% increase in hate crimes between 2019 and 2021.[107]

Mexico edit

Alejandro Gertz Manero, Attorney General of Mexico, recommended in August 2020 that all murders involving women be investigated as femicides. An average of 11 women are killed every day.[108]

Murders of LGBTQ individuals are not legally classified as hate crimes in Mexico, although Luis Guzman of the Cohesión de Diversidades para la Sustentabilidad (Codise) notes that there is a lot of homophobia in Mexico, particularly in the states of Veracruz, Chihuahua, and Michoacán. Between 2014 and May 2020, there have been 209 such murders registered.[109]

United States edit

Main article: Hate crime laws in the United States
 
Shepard (center), Louvon Harris (left), Betty Bryd Boatner (right) with President Barack Obama in 2009 to promote the Hate Crimes Prevention Act

Hate crime laws have a long history in the United States. The first hate crime[110] laws were passed after the American Civil War, beginning with the Civil Rights Act of 1871, in order to combat the growing number of racially motivated crimes which were being committed by the Reconstruction era—Ku Klux Klan. The modern era of hate-crime legislation began in 1968 with the passage of federal statute, 18 U.S.C.A. § 249, part of the Civil Rights Act which made it illegal to "by force or by threat of force, injure, intimidate, or interfere with anyone who is engaged in six specified protected activities, by reason of their race, color, religion, or national origin."[111] However, "The prosecution of such crimes must be certified by the U.S. attorney general."[112]

The first state hate-crime statute, California's Section 190.2, was passed in 1978 and provided penalty enhancements in cases when murders were motivated by prejudice against four "protected status" categories: race, religion, color, and national origin. Washington included ancestry in a statute which was passed in 1981. Alaska included creed and sex in 1982, and later disability, sexual orientation, and ethnicity. In the 1990s some state laws began to include age, marital status, membership in the armed forces, and membership in civil rights organizations.[113]

Until California state legislation included all crimes as possible hate crimes in 1987, criminal acts which could be considered hate crimes in various states included aggravated assault, assault and battery, vandalism, rape, threats and intimidation, arson, trespassing, stalking, and various "lesser" acts.[114]

Defined in the 1999 National Crime Victim Survey, "A hate crime is a criminal offence. In the United States, federal prosecution is possible for hate crimes committed on the basis of a person's race, religion, or nation origin when engaging in a federally protected activity." In 2009, capping a broad-based public campaign lasting more than a decade, President Barack Obama signed into law the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. The Act added actual or perceived gender, gender identity, sexual orientation, and disability to the federal definition of a hate crime, and dropped the prerequisite that the victim be engaging in a federally protected activity. Led by Shepard's parents and a coalition of civil rights groups, with ADL (the Anti-Defamation League),[115][116] in a lead role, the campaign to pass the Matthew Shepard Act lasted 13 years, in large part because of opposition to including the term "sexual orientation" as one of the bases for deeming a crime to be a hate crime.[117]

ADL also drafted model hate crimes legislation in the 1980s that serves as the template for the legislation that a majority of states have adopted.[118] As of the fall of 2020, 46 of the 50 states and Washington, D.C. have statutes criminalizing various types of hate crimes.[119] Thirty-one states and the District of Columbia have statutes creating a civil cause of action in addition to the criminal penalty for similar acts. Twenty-seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics.[120] In May 2020, the killing of African-American jogger Ahmaud Arbery reinvigorated efforts to adopt a hate-crimes law in Georgia, which was one of a handful of states without a such legislation. Led in great part by the Hate-Free Georgia Coalition, a group of 35 nonprofit groups organized by the Georgia state ADL,[121] the legislation was adopted in June 2020, after 16 years of debate.[122][123]

According to the FBI Hate Crime Statistics report for 2006, hate crimes increased nearly 8 percent nationwide, with a total of 7,722 incidents and 9,080 offences reported by participating law enforcement agencies. Of the 5,449 crimes against persons, 46 percent were classified as intimidation, and 32 percent as simple assaults. Acts of vandalism or destruction comprised 81 percent of the 3,593 crimes against property.[124]

However, according to the FBI Hate Crime Statistics for 2007, the number of hate crimes decreased to 7,624 incidents reported by participating law enforcement agencies.[125] These incidents included nine murders and two rapes (out of the almost 17,000 murders and 90,000 forcible rapes committed in the U.S. in 2007).[126]

In June 2009, Attorney General Eric Holder said recent killings showed the need for a tougher U.S. hate-crimes law to stop "violence masquerading as political activism."[127]

Leadership Conference on Civil Rights Education Fund published a report in 2009 revealing that 33 percent of hate-crime offenders were under the age of 18, while 29 percent were between the ages of 18 and 24.[128]

The 2011 hate-crime statistics show 46.9 percent were motivated by race, and 20.8 percent by sexual orientation.[129]

In 2015, the Hate Crimes Statistics report identified 5,818 single-bias incidents involving 6,837 offenses, 7,121 victims, and 5,475 known offenders[130]

In 2017, the FBI released new data showing a 17 percent increase in hate crimes between 2016 and 2017.[131]

In 2018, the Hate Crime Statistics report showed 59.5 percent were motivated by race bias and 16.9 percent by sexual orientation.Incidents and Offenses[132]

Prosecutions of hate crimes have been difficult in the United States. Recently, state governments have attempted to re-investigate and re-try past hate crimes. One notable example was Mississippi's decision to retry Byron De La Beckwith in 1990 for the 1963 murder of Medgar Evers, a prominent figure in the NAACP and a leader of the civil rights movement.[133] This was the first time in U.S. history that an unresolved civil rights case was re-opened. De La Beckwith, a member of the Ku Klux Klan, was tried for the murder on two previous occasions, resulting in hung juries. A mixed-race jury found Beckwith guilty of murder, and he was sentenced to life in prison in 1994.[134]

According to a November 2016 report issued by the FBI, hate crimes are on the rise in the United States.[135] The number of hate crimes increased from 5,850 in 2015, to 6,121 hate crime incidents in 2016, an increase of 4.6 percent.[136][137][138]

The Khalid Jabara-Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act (NO HATE), which was first introduced in 2017, was reintroduced in June 2019 to improve hate crime reporting and expand support for victims as a response to anti-LGBTQ, anti-Muslim and antisemitic attacks. The bill would fund state hate-crime hotlines, and support expansion of reporting and training programs in law enforcement agencies.[139]

According to a 2021 study, in the years between 1992 and 2014, white people were the offenders in 74.5 percent of anti-Asian hate crimes, 99 percent of anti-black hate crimes, and 81.1 percent of anti-Hispanic hate crimes.[140]

Victims in the United States edit

One of the largest waves of hate crimes in the history of the United States took place during the civil rights movement in the 1950s and 1960s. Violence and threats of violence were common against African Americans, and hundreds of people died due to such acts. Members of this ethnic group faced violence from groups such as the Ku Klux Klan, as well as violence from individuals who were committed to maintaining segregation.[141] At the time, civil rights leaders such as Martin Luther King Jr. and their supporters fought hard for the right of African Americans to vote, as well as for equality in their everyday lives. African Americans have been the target of hate crimes since the Civil War,[142] and the humiliation of this ethnic group was also desired by many anti-black individuals. Other frequently reported bias motivations were bias against a religion, bias against a particular sexual orientation, and bias against a particular ethnicity/national origin.[143] At times, these bias motivations overlapped, because violence can be both anti-gay and anti-black, for example.[144]

Analysts have compared groups in terms of the per capita rate of hate crimes committed against them to allow for differing populations. Overall, the total number of hate crimes committed since the first hate crime bill was passed in 1997 is 86,582.[145]

Hate crimes in the US (2008–2012) by victim population group
Population group Estimated population Hate crimes against (2008–2012)[146][147][148][149][150] Violent hate crimes against[151]
Total Rate (per 100,000 people) Total Rate (per 100,000 people)
Jewish 5,248,674[152] 4,457 84.9 411 7.8
LGBT 11,343,000[153] 7,231 66.9 3,849 35.6
Muslim 1,852,473[152] 761 41.1 258 13.9
Black 38,929,319[154] 13,411 34.4 4,356 11.2
Aboriginal 2,932,248[154] 364 12.4 161 5.5
Hispanic 50,477,594[154] 3,064 6.1 1,482 2.9
Asian and Pacific Islander 15,214,265[154] 798 5.2 276 1.8
White 223,553,265[154] 3,459 1.5 1,614 0.7
Catholic 67,924,018[155] 338 0.5 32 0.0
Atheist and agnostic 17,598,496[155] 47 0.3 5 0.0
Protestant 148,197,858[155] 229 0.2 17 0.0

Among the groups which are mentioned in the Hate Crimes Statistics Act, the largest number of hate crimes are committed against African Americans.[156] During the Civil Rights Movement, some of the most notorious hate crimes included the 1968 assassination of Martin Luther King Jr., the 1964 murders of Charles Moore and Henry Dee, the 1963 16th Street Baptist Church bombing, the 1955 murder of Emmett Till,[142] and the burning of crosses, churches, Jewish synagogues, and other places of worship of minority religions. Such acts began to take place more frequently after the racial integration of many schools and public facilities.[156]

High-profile murders targeting victims based on their sexual orientation have prompted the passage of hate crimes legislation, notably the cases of Sean W. Kennedy and Matthew Shepard. Kennedy's murder was mentioned by Senator Gordon Smith in a speech on the floor of the U.S. Senate while he advocated such legislation. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act was signed into law in 2009. It included sexual orientation, gender identity and expression, disably status, and military personnel and their family members.[157][158] This is the first all-inclusive bill ever passed in the United States, taking 45 years to complete.[clarification needed]

Gender-based crimes may also be considered hate crimes. This view would designate rape and domestic violence, as well as non-interpersonal violence against women such as the École Polytechnique massacre in Quebec, as hate crimes.[159][160][161]

Following the September 11, 2001, terrorist attacks, the United States experienced a spike in overall hate crimes against Muslim individuals. In the year before, only 28 events had been recorded of hate crimes against Muslims; in 2001, this number jumped to 481. While the number decreased in the following years, the number of Muslim hate crimes remains higher than pre-2001.[162]

In May 2018, ProPublica reviewed police reports for 58 cases of purported anti-heterosexual hate crimes. ProPublica found that about half of the cases were anti-LGBT hate crimes that had been miscategorized, and that the rest were motivated by hate towards Jews, blacks or women or that there was no element of a hate crime at all. ProPublica did not find any cases of hate crimes spurred by anti-heterosexual bias.[163]

Anti-trans hate crime edit

In 2017, shortly after President Donald Trump took office, hate crimes against transgender individuals increased.[citation needed] In June 2020, after the death of several African Americans at the hands of police officers – in particular, George Floyd – triggered protests around the world as part of the Black Lives Matter movement,[164] hate crimes against the black trans community began to increase.[165]

South America edit

Further information: Social cleansing

Brazil edit

In Brazil, hate crime laws focus on racism, racial injury, and other special bias-motivated crimes such as, for example, murder by death squads[166] and genocide on the grounds of nationality, ethnicity, race or religion.[167] Murder by death squads and genocide are legally classified as "hideous crimes" (crimes hediondos in Portuguese).[168]

The crimes of racism and racial injury, although similar, are enforced slightly differently.[169] Article 140, 3rd paragraph, of the Penal Code establishes a harsher penalty, from a minimum of one year to a maximum of three years, for injuries motivated by "elements referring to race, color, ethnicity, religion, origin, or the condition of being an aged or disabled person".[170] On the other side, Law 7716/1989 covers "crimes resulting from discrimination or prejudice on the grounds of race, color, ethnicity, religion, or national origin".[171]

In addition, the Brazilian Constitution defines as a "fundamental goal of the Republic" (Article 3rd, clause IV) "to promote the well-being of all, with no prejudice as to origin, race, sex, color, age, and any other forms of discrimination".[172]

Chile edit

In 2012, the Anti-discrimination law amended the Criminal Code adding a new aggravating circumstance of criminal responsibility, as follows: "Committing or participating in a crime motivated by ideology, political opinion, religion or beliefs of the victim; nation, race, ethnic or social group; sex, sexual orientation, gender identity, age, affiliation, personal appearance or suffering from illness or disability."[173][174]

Middle East edit

Israel is the only country in the Middle East that has hate crime laws.[citation needed] Hate crime, as passed by the Israeli Knesset (Parliament), is defined as crime for reason of race, religion, gender and sexual orientation.

Support for and opposition to hate crime laws edit

Support edit

Justifications for harsher punishments for hate crimes focus on the notion that hate crimes cause greater individual and societal harm.[175] In a 2014 book, author Marian Duggan asserts that when the core of a person's identity is attacked, the degradation and dehumanization is especially severe, and additional emotional and physiological problems are likely to result. Wider society can suffer from the disempowerment of a group of people.[175] Furthermore, it is asserted that the chances for retaliatory crimes are greater when a hate crime has been committed. The riots in Los Angeles, California, that followed the beating of Rodney King, a black motorist, by a group of white police officers are cited as support for this argument.[14] The beating of white truck driver Reginald Denny by black rioters during the same riot is also an example that supports this argument.

In Wisconsin v. Mitchell, the U.S. Supreme Court unanimously found that penalty-enhancement hate crime statutes do not conflict with free speech rights, because they do not punish an individual for exercising freedom of expression; rather, they allow courts to consider motive when sentencing a criminal for conduct which is not protected by the First Amendment.[176] In the case of Chaplinsky v. New Hampshire, the court defined "fighting words" as "those which by their very utterance inflict injury or tend to incite an immediate breach of the peace."[177]

David Brax argues that critics of hate-crime laws are wrong in claiming that hate crimes punish thoughts or motives; he asserts they do not do this, but instead punish people for choosing these reasons to commit a criminal act.[178] Similarly, Andrew Seidel writes, "Hate crime or bias intimidation crimes are not thoughtcrimes. Most crimes require two things: an act and an intent... If you simply hate someone based on race, sexuality, or creed, that thought is not punishable. Only the thought combined with an illegal action is criminal."[179]

Opposition edit

The U.S. Supreme Court unanimously found the St. Paul Bias-Motivated Crime Ordinance amounted to viewpoint-based discrimination in conflict with rights of free speech, because it selectively criminalized bias-motivated speech or symbolic speech for disfavored topics while permitting such speech for other topics.[180] Many critics further assert that it conflicts with an even more fundamental right: free thought. The claim is that hate-crime legislation effectively makes certain ideas or beliefs, including religious ones, illegal, in other words, thought crimes.[181] Heidi Hurd argues that hate crimes criminalize certain dispositions yet do not show why hate is a morally worse disposition for a crime than one motivated by jealousy, greed, sadism or vengeance or why hatred and bias are uniquely responsive to criminal sanction compared to other motivations. Hurd argues that whether or not a disposition is worse than another is case sensitive and thus it is difficult to argue that some motivations are categorically worse than others.[182]

In their book Hate Crimes: Criminal Law and Identity Politics, James B. Jacobs and Kimberly Potter criticize hate crime legislation for exacerbating conflicts between groups. They assert that by defining crimes as being committed by one group against another, rather than as being committed by individuals against their society, the labeling of crimes as "hate crimes" causes groups to feel persecuted by one another, and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime.[183] Jacobs and Potter also argued that hate crime legislation can end up only covering the victimization of some groups rather than all, which is a form of discrimination itself and that attempts to remedy this by making all identifiable groups covered by hate crime protection thus make hate crimes co-terminus with generic criminal law. The authors also suggest that arguments which attempt to portray hate crimes as worse than normal crimes because they spread fear in a community are unsatisfactory, as normal criminal acts can also spread fear yet only hate crimes are singled out.[183] Indeed, it has been argued that victims have varied reactions to hate crimes, so it is not necessarily true that hate crimes are regarded as more harmful than other crimes.[184][185] Dan Kahan argues that the "greater harm" argument is conceptually flawed, as it is only because people value their group identities that attacks motivated by an animus against those identities are seen as worse, thus making it the victim and society's reaction to the crime rather than the crime itself.[186]

Heidi Hurd argues that hate crime represents an effort by the state to encourage a certain moral character in its citizen and thus represents the view that the instillation of virtue and the elimination of vice are legitimate state goals, which she argues is a contradiction of the principles of liberalism. Hurd also argues that increasing punishment for an offence because the perpetrator was motivated by hate compared to some other motivation means that the justice systems is treating the same crime differently, even though treating like cases alike is a cornerstone of criminal justice.[187]

Some have argued hate crime laws bring the law into disrepute and further divide society, as groups apply to have their critics silenced.[188] American forensic psychologist Karen Franklin said that the term hate crime is somewhat misleading since it assumes there is a hateful motivation which is not present in many occasions;[189] in her view, laws to punish people who commit hate crimes may not be the best remedy for preventing them because the threat of future punishment does not usually deter such criminal acts.[190] Some on the political left have been critical of hate crime laws for expanding the criminal justice system and dealing with violence against minority groups through punitive measures.[8] Briana Alongi argues that hate crime legislation is inconsistent, redundant and arbitrarily applied, while also being partially motivated by political opportunism and media bias rather than purely by legal principle.[191]

See also edit

References edit

  1. ^ "Hate crime". Dictionary.com. Also called bias crime.
  2. ^ a b Skoczylis, Joshua; Andrews, Sam (January 2022). "Strain theory, resilience, and far-right extremism: The impact of gender, life experiences, and the internet". Critical Studies on Terrorism. 15 (1: Critical Approaches to Extreme Right Wing Terrorism and Counter-Terrorism). Taylor & Francis: 143–168. doi:10.1080/17539153.2022.2031137. ISSN 1753-9161. S2CID 246832210.
  3. ^ Stotzer, R. (June 2007). (PDF). Williams Institute. Archived from the original (PDF) on 19 October 2013. Retrieved 17 March 2012. "A hate crime or bias motivated crime occurs when the perpetrator of the crime intentionally selects the victim because of their membership in a certain group."
  4. ^ "Methodology". FBI.
  5. ^ a b c Streissguth, Tom (2003). Hate Crimes (Library in a Book), p. 3. ISBN 0-8160-4879-7.
  6. ^ . Archived from the original on 26 November 2005.
  7. ^ "What We Investitgate-Hate Crimes". FBI.
  8. ^ a b Meyer, Doug (2014). "Resisting Hate Crime Discourse: Queer and Intersectional Challenges to Neoliberal Hate Crime Laws". Critical Criminology. 22: 113–125. doi:10.1007/s10612-013-9228-x. S2CID 143546829.
  9. ^ "Hate Crimes". FBI. Retrieved 26 May 2015.
  10. ^ Boeckmann, Robert J.; Turpin-Petrosino, Carolyn (2002). "Understanding the Harm of Hate Crime". Journal of Social Issues. 58 (2): 207–225. doi:10.1111/1540-4560.00257.
  11. ^ Craig, Kellina M.; Waldo, Craig R. (1996). ""So, what's a hate crime anyway?" Young adults' perceptions of hate crimes, victims, and perpetrators". Law and Human Behavior. 20 (2): 113–129. doi:10.1007/BF01499350. S2CID 144669214.
  12. ^ Woolford, Andrew; Benvenuto, Jeff; Hinton, Alexander Laban (2014). Colonial Genocide in Indigenous North America. Durham, NC: Duke University Press. ISBN 9780822376149. Retrieved 5 October 2020.
  13. ^ Kiernan, Ben (25 September 2007). BLOOD AND SOIL: A World History of Genocide and Extermination from Sparta to Darfur (PDF). London, UK: Yale University Press. Retrieved 5 October 2020.
  14. ^ a b "A Policymaker's Guide to Hate Crimes" (PDF). Retrieved 14 November 2011.
  15. ^ "They beat, cough and spit. Racist incidents are on the rise during the epidemic". gazetapl. Retrieved 2021-09-28.
  16. ^ "Covid 'hate crimes' against Asian Americans on rise". BBC News. 2021-05-21. Retrieved 2021-09-28.
  17. ^ "France's Asian community fights back against racist attacks during pandemic". France 24. 2021-04-04. Retrieved 2021-09-28.
  18. ^ "The Virus of Hate: Brown Book of the Epidemic" (PDF). NEVER AGAIN Association.
  19. ^ Iganski & Lagou, 2015
  20. ^ Iganski & Lagou, 2015
  21. ^ Herek, Gregory M.; Gillis, J. Roy; Cogan, Jeanine C. (1999). "Psychological Sequelae of Hate-Crime Victimization Among Lesbian, Gay, and Bisexual Adults". Journal of Consulting and Clinical Psychology. 67 (6): 945–51. doi:10.1037/0022-006X.67.6.945. PMID 10596515.
  22. ^ "Crown Policy Manual" (PDF). 21 March 2005. Retrieved 21 June 2009.
  23. ^ Cox, William T. L.; Abramson, Lyn Y.; Devine, Patricia G.; Hollon, Steven D. (2012). "Stereotypes, Prejudice, and Depression: The Integrated Perspective". Perspectives on Psychological Science. 7 (5): 427–49. doi:10.1177/1745691612455204. PMID 26168502. S2CID 1512121.
  24. ^ "Hate Crimes". January 2012.
  25. ^ Petach, Luke; Rumbaugh, Dustin (2024). "Hate Crime and Human Capital". Review of Black Political Economy. doi:10.1177/00346446241230696.
  26. ^ Borell, Klas (2015). "When Is the Time to Hate? A Research Review on the Impact of Dramatic Events on Islamophobia and Islamophobic Hate Crimes in Europe". Islam and Christian–Muslim Relations. 26 (4): 409–21. doi:10.1080/09596410.2015.1067063. S2CID 146687317.
  27. ^ "Hate Crimes Explained". Southern Poverty Law Center.
  28. ^ Levin, Jack; McDevitt, Jack (2008). "Hate Crimes". Encyclopedia of Violence, Peace, & Conflict (PDF) (2nd ed.). Amsterdam: Elsevier. pp. 915–922. ISBN 9780123739858.
  29. ^ a b Levin, Jack; McDevitt, Jack (May 25, 2020). "Hate Crimes in Transition". In Sternberg, Robert J. (ed.). Perspectives on Hate: How it Originates, Develops, Manifests, and Spreads. American Psychological Association. pp. 179–201. ISBN 978-1433832819.
  30. ^ Levin, Jack; Reichelmann, Ashley (2015). "From Thrill to Defensive Motivation: The Role of Group Threat in the Changing Nature of Hate-Motivated Assaults". American Behavioral Scientist. 59 (12): 1546–1561. doi:10.1177/0002764215588812. S2CID 147697229. Retrieved January 15, 2023.
  31. ^ (Walters, 2010)
  32. ^ (Walters, 2010)
  33. ^ Watson & Rayner, 1920
  34. ^ Staats & Staats, 1958
  35. ^ Staats & Staats, 1958
  36. ^ Bhatia, 2017
  37. ^ McDevitt et al., 2002
  38. ^ Diaz-Faes & Pereda, 2022; Dunbar et al., 2023
  39. ^ Harris & Lang, 2013
  40. ^ Douglas et al., 2014
  41. ^ Hart et al., 1992
  42. ^ Dunbar et al., 2005
  43. ^ a b c d e f g h i j k l m n o p q r s t Michael McClintock (2005). Everyday Fears: A Survey of Violent Hate Crimes in Europe and North America. Human Rights First. ISBN 0-9753150-2-1. OL 3467205M. Wikidata Q104631957..
  44. ^ "Full list - Treaty Office - www.coe.int". Treaty Office.
  45. ^ § 33 StGB Besondere Erschwerungsgründe, StGB, accessed 15 February 2015.
  46. ^ Criminal Code of the Republic of Belarus, § 64 (1), para. 9 (translated from the Russian) 2011-09-07 at the Wayback Machine, 9 June 1999.
  47. ^ Office of the High Representative, Criminal Code of Bosnia and Herzegovina, January 2003.
  48. ^ ECRI, "Second Report on Bulgaria", adopted on 18 June 1999, and made public on 21 March 2000.
  49. ^ "71 28.6.2006 Zakon o izmjenama i dopunama Kaznenog zakona". Narodne-novine.nn.hr. 28 June 2006. Retrieved 14 November 2011.
  50. ^ . Ravnopravnost.hr. Archived from the original on 31 March 2012. Retrieved 14 November 2011.
  51. ^ (PDF). Archived from the original (PDF) on 11 February 2014. Retrieved 11 November 2012.
  52. ^ ECRI, "Second Report on Denmark," adopted on 16 June 2000, and made public on 3 April 2001, para. 9.
  53. ^ Chahrokh, Klug, and Bilger, Migrants, Minorities, and Legislation.
  54. ^ Criminal Code of Estonia of 6 June 2001, entered into force on 1 September 2002, with amendments and supplements and latest amendment by the Law of 8 December 2011, published in RT I, 29.12.2011, 1 and entered into force on 1 January 2012 (excerpts) 27 August 2017 at the Wayback Machine, accessed 27 August 2017
  55. ^ EUMC, "Racism and xenophobia in the E.U.," p. 51.
  56. ^ Penal Code (39/1889) as of 1006/2004. §§ 6:5.1.4 (ethnic hatred as an aggravating factor), 11:8 (ethnic agitation) and 12:2 (warmongering). The points cited remain in force on the day of retrieval, checked from the Finnish version: Rikoslaki. The Government proposal HE 55/2007 11 March 2011 at the Wayback Machine will move the § 11:8 to §11:10 without changing the content, if the proposal is passed by the Parliament of Finland. Retrieved 23 November 2007.
  57. ^ Loi n° 2003–88 du 3 février 2003 visant à aggraver les peines punissant les infractions à caractère raciste, antisémite ou xénophobe
  58. ^ "Criminal Code (Strafgesetzbuch, StGB)". Iuscomp.org. Retrieved 14 November 2011.
  59. ^ Marc Coester (2008): Das Konzept der Hate Crimes aus den USA unter besonderer Berücksichtigung des Rechtsextremismus in Deutschland. Peter Lang: Frankfurt/Berlin/Bern/Bruxelles/New York/Oxford/Wien
  60. ^ "EU Xenophobia Report: Racism On the Rise in Germany". Der Spiegel. 28 August 2007. Retrieved 14 November 2011.
  61. ^ "2006 Hate Crime in the U.S". Fbi.gov. Retrieved 14 November 2011.
  62. ^ "Interview with Racism Expert: 'Awareness of Ethnic Discrimination Is Low in Germany'". Der Spiegel. 29 August 2007. Retrieved 14 November 2011.
  63. ^ ECRI, "Second Report on Greece," adopted on 1999-12-10, and made public on 2000-06-27.
  64. ^ Sitaropoulos, N.: "Executive Summary on Race Equality Directive, State of Play in Greece 13 May 2005 at the Wayback Machine, section 5, 2003-10-12. Retrieved on 2007-08-02.
  65. ^ "Treaty Bodies Database – Document – Concluding Observations/Comments – Hungary". unhchr.ch. United Nations.
  66. ^ "Icelandic Penal Code (in Icelandic)". Althingi.is. Retrieved 14 November 2011.
  67. ^ Prohibition of Incitement to Hatred Act 1989 (No. 19 of 1989). Enacted on 29 November 1989. Act of the Oireachtas. Retrieved from Irish Statute Book.
  68. ^ Taylor, Séamus (October 2011). Responding to Racist Incidents And Racist Crimes in Ireland (MS Word). Issues Papers. Roscrea: Equality Authority. §§5.2.14–5.2.21. ISBN 978-1-908275-29-5. Retrieved 7 November 2017.; . Office for the Promotion of Migrant Integration. Dublin: Department of Justice and Equality. 17 July 2013. Archived from the original on 8 November 2017. Retrieved 8 November 2017.
  69. ^ Pollak, Sorcha (2 December 2019). "UN official urges Ireland to introduce hate crime legislation". The Irish Times.
  70. ^ "Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022". Houses of the Oireachtas. Bill 105 of 2022. 2022-11-01. Retrieved 2023-08-02.
  71. ^ a b c Keena, Colm (5 May 2023). "Why are Elon Musk and Donald Trump jnr so concerned by Ireland's new hate crime legislation?". The Irish Times. Retrieved 2023-08-02.
  72. ^ Wilson, James (16 June 2023). "Hate Crime Bill should 'start the alarm bells ringing'". Newstalk. Retrieved 2023-08-02.
  73. ^ Kelleher, Olivia (22 March 2023). "Hate crime reports to gardaí rose by 29% last year". The Irish Times. Retrieved 2023-08-02.
  74. ^ "Hate Crime and Hate Related Incidents - 2022" (PDF). Garda Síochána. Retrieved 2023-08-02.
  75. ^ CERD, Consideration of Reports Submitted by States Parties under Article 9 of the Convention; Concluding Observations: Kyrgyzstan, 1999. Retrieved on 2 August 2007.
  76. ^ "Human Rights in the OSCE Region: Europe, Central Asia and North America, Report 2004 (Events of 2003) 2011-07-26 at the Wayback Machine, International Helsinki Federation," 23 June 2004. Retrieved on 2007-08-02.
  77. ^ "The Constitution of the Republic of Poland".
  78. ^ "The Criminal code Of The Russian Federation (in English)" (PDF). Wipo.int. Retrieved 9 August 2017.
  79. ^ "Vsebina Uradnega lista". Vsebina Uradnega lista | Uradni list. Retrieved 2023-03-14.
  80. ^ Torrús, Alejandro (22 May 2019). "La Fiscalía del Estado considera delito la incitación al odio hacia los nazis". Público (in Spanish). Retrieved 26 May 2019.
  81. ^ (PDF). Archived from the original (PDF) on 1 October 2012. Retrieved 21 January 2013.
  82. ^ ""Constitution of Ukraine" ["КОНСТИТУЦІЯ УКРАЇНИ"]". Verkhovna Rada of Ukraine (official site government all laws in Ukraine). 22 November 2018. from the original on 22 November 2018. Retrieved 10 January 2020.
  83. ^ . Verkhovna Rada of Ukraine (official site government all laws in Ukraine). 22 November 2018. Archived from the original on 22 November 2018.
  84. ^ "Sentencing Act 2020 section 66". legislation.gov.uk.
  85. ^ "Public Order (Northern Ireland) Order 1987". www.legislation.gov.uk. UK Legislation.
  86. ^ Arnett, George (17 December 2013). "Hate crime in England and Wales: how prevalent is it?". The Guardian. London. Retrieved 29 June 2016.
  87. ^ Cameron condemns xenophobic and racist abuse after Brexit vote, The Guardian 27 June 2016, accessed 29 June 2016
  88. ^ "Hate crime is unacceptable in any circumstances say police". National Police Chief's Council. 27 June 2016. Retrieved 13 October 2016.
  89. ^ "Manchester police to record attacks on goths, emos and punks as hate crimes". The Guardian. London. 3 April 2013.
  90. ^ . Stop the hate. 4 December 2013. Archived from the original on 23 July 2014. Retrieved 12 July 2014.
  91. ^ "Hate crimes: Fresh guidance on online offences". BBC News. 21 August 2017.
  92. ^ "Reforms to hate crime laws to make them fairer, and to protect women for the first time". www.lawcom.gov.uk. 23 September 2020.
  93. ^ Scott, Jennifer (23 September 2020). "Misogyny: Women 'should be protected' under hate crime laws". BBC News. Retrieved 23 September 2020.
  94. ^ Newman, Melanie; Watson, Richard (27 March 2021). "Hate crimes on police 'more likely to be charged'". BBC News. Retrieved 12 December 2021.
  95. ^ "Offences (Aggravation by Prejudice) (Scotland) Act 2009". www.legislation.gov.uk. UK Legislation.
  96. ^ . Archived from the original on 7 January 2009.
  97. ^ . Scottish.parliament.uk. Archived from the original on 25 August 2011. Retrieved 21 January 2013.
  98. ^ "MSPs approve new hate crime laws". BBC News. 3 June 2009.
  99. ^ Amery, Rachel (13 March 2024). "Hate crime law: Glasgow LGBT+ sex shop designated official reporting centre for controversial new laws". The Scotsman. Retrieved 13 March 2024.
  100. ^ Boothman, John (28 March 2024). "Hate crime law 'will hamper fight against violent offenders'". The Times. Retrieved 28 March 2024.
  101. ^ Bol, David (25 March 2024). "Murdo Fraser accuses police of 'unlawful' behaviour after tweet recorded as 'hate incident'". The Scotsman. Retrieved 25 March 2024.
  102. ^ Dalgety, Susan (18 November 2023). . The Scotsman. Archived from the original on 17 November 2023. Retrieved 25 March 2024.
  103. ^ a b c O'Grady, William (2011). Crime In Canadian Context: debates and controversies. Oxford University Press. p. 161. ISBN 978-0-19-543378-4.
  104. ^ O'Grady, William (2011). Crime In Canadian Context: debates and controversies. Oxford University Press. p. 163. ISBN 978-0-19-543378-4.
  105. ^ a b c O'Grady, William (2011). Crime In Canadian Context: debates and controversies. Oxford University Press. p. 162. ISBN 978-0-19-543378-4.
  106. ^ Jain S (August 5, 2022). "Hate crimes surge in Canada during pandemic". Reuters. Retrieved 2 January 2023.
  107. ^ "Canada sees surge in hate crimes during pandemic, new data shows". Al Jazeera. August 5, 2022. Retrieved 2 January 2023.
  108. ^ Breña, Carmen Morán (14 August 2020). "Las feministas saludan la rectificación del fiscal Gertz sobre el tipo penal de feminicidio". EL PAÍS (in Spanish). Retrieved August 16, 2020.
  109. ^ Mota, J. I. (13 August 2020). "El asesinato de un joven homosexual en Jalisco enciende de nuevo las alarmas sobre los delitos de odio en México". EL PAÍS (in Spanish). Retrieved August 16, 2020.
  110. ^ "Hate Crime Statistics, 2015" (PDF). ucr.fbi.gov. Fall 2016.
  111. ^ 18 U.S.C.S. § 245(b) (Public Law 117-39, approved August 31, 2021).
  112. ^ Streissguth (2003), p. 20.
  113. ^ Streissguth (2003), pp. 20–21.
  114. ^ Streissguth (2003), p. 21.
  115. ^ "Michael Lieberman '81". Duke Law News Releases. Retrieved 21 May 2020.
  116. ^ "Attorney General Loretta E. Lynch Hosts the 63rd Annual Attorney General Awards Honoring Department Employees and Others For Their Service (U.S. Department of Justice News Release)". Justice News. 21 October 2015. Retrieved 21 May 2020.
  117. ^ Shapiro, Emily (30 December 2018). "1 year after Blaze Bernstein's killing, parents look to turn alleged hate crime into 'movement of hope'". ABC News. Retrieved 21 May 2020.
  118. ^ Bronski, Michael; Pellegrini, Ann; Amico, Michael (2 October 2013). "Hate Crime Laws Don't Prevent Violence Against LGBT People: So why do many LGBT people, and others, feel so deeply about the need to have them?". The Nation. Retrieved 21 May 2020.
  119. ^ ADL. "Hate Crimes". ADL.org. Retrieved November 2, 2020.
  120. ^ State Hate Crime Laws 14 June 2007 at the Wayback Machine, Anti-Defamation League, June 2006. Retrieved 4 May 2007.
  121. ^ Oster, Marcy (June 2, 2020). "Georgia Passes Hate Crime Legislation". The Forward. Retrieved November 2, 2020.
  122. ^ Grace Hauck (June 26, 2020). "Georgia governor signs hate crime law in wake of Ahmaud Arbery shooting". USA Today.
  123. ^ Greg Bluestein; Maya T. Prabhu (June 28, 2020). "Georgia governor signs hate-crimes measure into law: 'Ahmaud Arbery's death will not be in vain'". Atlanta Journal-Constitution.
  124. ^ Statistics, 2006 Hate Crime Statistics, 2006, Federal Bureau of Investigation 17 July 2015 at the Wayback Machine
  125. ^ Statistics, 2007 Hate Crime Statistics, 2007, Federal Bureau of Investigation 9 July 2014 at the Wayback Machine
  126. ^ Statistics, 2007 FBI Crime in the United States 2007, Federal Bureau of Investigation 4 May 2015 at the Wayback Machine
  127. ^ "Attorney general urges new hate crimes law – Crime & courts". NBC News. 16 June 2009. Retrieved 14 November 2011.
  128. ^ Rintels, Jonathan; Loge, Peter (2009). "Confronting the New Faces of Hate: Hate Crimes in America" (PDF). Leadership Conference on Civil Rights Education Fund. pp. 34–50. Retrieved 1 May 2020.
  129. ^ . Lakeconews.com. 11 December 2012. Archived from the original on 17 May 2013. Retrieved 21 January 2013.
  130. ^ "Hate Crime Statistics, 2015" (PDF). ucr.fbi.gov.
  131. ^ "2017 Hate Crime Statistics Released". Federal Bureau of Investigation. Retrieved 2021-05-19.
  132. ^ "Incidents and Offenses". FBI. Retrieved 2021-04-30.
  133. ^ Labuda, P. (2011). "Racial Reconciliation in Mississippi: An Evaluation of the Proposal to Establish a Mississippi Truth and Reconciliation Commission". Harvard Blackletter Law Journal. 271: 1–48.
  134. ^ Alston, A. A.; Dickerson, J. L. (2009). Devil's Sanctuary: An Eye-Witness History of Mississippi Hate Crimes. Chicago, Illinois: Lawrence Hill Books.
  135. ^ "Latest Hate Crime Statistics Released - Annual Report Sheds Light on Serious Issue". FBI. Retrieved 18 December 2016.
  136. ^ Licthblau, Eric (14 November 2016). "U.S. Hate Crimes Surge 6%, Fueled by Attacks on Muslims". New York Times. from the original on 2016-11-15. Retrieved 18 December 2016.
  137. ^ Mathias, Christopher (13 November 2017). "Hate Crimes Rose About 5 Percent In 2016, FBI Report Says". The Huffington Post. Retrieved 14 November 2017.
  138. ^ "2016 Hate Crime Statistics". FBI. Retrieved 14 November 2017.
  139. ^ "Civil rights advocates, victims' families urge support for new hate crime reporting bill". Religion News Service. 28 June 2019. Retrieved 29 June 2019.
  140. ^ Zhang, Yan; Zhang, Lening; Benton, Francis (2021-01-07). "Hate Crimes against Asian Americans". American Journal of Criminal Justice. 47 (3): 441–461. doi:10.1007/s12103-020-09602-9. ISSN 1066-2316. PMC 7790522. PMID 33437139.
  141. ^ "Segregation in America". Equal Justice Initiative. 2018. Retrieved 26 May 2020.
  142. ^ a b "10 Of The Worst Hate Crimes and Violence in Domestic American History". americansperspective.com. 22 June 2015. Retrieved 2 December 2016.
  143. ^ "Hate Crime Statistics, 2010". Federal Bureau of Investigation. Retrieved 16 March 2012.
  144. ^ Meyer, Doug (2010). "Evaluating the Severity of Hate-motivated Violence: Intersectional Differences among LGBT Hate Crime Victims". Sociology. 44 (5): 980–95. doi:10.1177/0038038510375737. S2CID 145147987.
  145. ^ Shepard, Mathew; Byrd, James Jr. (2011–2014). "Hate Crimes Law". Human Rights Campaign.
  146. ^ FBI Hate Crimes 2008. Retrieved 17 May 2014
  147. ^ FBI Hate Crimes 2009. Retrieved 17 May 2014
  148. ^ FBI Hate Crimes 2010. Retrieved 17 May 2014
  149. ^ FBI Hate Crimes 2011. Retrieved 17 May 2014
  150. ^ FBI Hate Crimes 2012. Retrieved 17 May 2014
  151. ^ Violent hate crimes include: homicide, robbery, aggravated assault, simple assault and sexual assault/rape.
  152. ^ a b In US, 77% Identify as Christian. Retrieved 17 May 2014
  153. ^ Adult LGBT Population in the United States Retrieved March 2019
  154. ^ a b c d e U.S. Census website. Retrieved 17 May 2014
  155. ^ a b c "Nones" on the Rise, Retrieved 17 May 2014
  156. ^ a b . The Leadership Conference on Civil and Human Rights. Archived from the original on 2 December 2016. Retrieved 2 December 2016.
  157. ^ "The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act Of 2009 | CRT". Department of Justice. 6 August 2015. Retrieved 29 March 2017.
  158. ^ "Hate Crime Laws". Department of Justice. July 7, 2016.
  159. ^ Angelari, Marguerite (1997). "Hate Crime Statutes: A Promising Tool for Fighting Violence Against Women". In Karen J. Maschke (ed.). Pornography, Sex Work, and Hate Speech. Taylor & Francis. ISBN 9780815325208.
  160. ^ Gerstenfeld, Phyllis B. (2013). Hate Crimes: Causes, Controls, and Controversies. Sage. ISBN 9781452256627.
  161. ^ McPhail, Beverly (2003). "Gender-Bias Hate Crimes: A Review". In Barbara Perry (ed.). Hate and Bias Crime: A Reader. Psychology Press. ISBN 9780415944076.
  162. ^ Kuek Ser, Kuang Keng. "Data: Hate Crimes Against Muslims Increased after 9/11". from the original on September 13, 2016. Retrieved 16 March 2021.
  163. ^ Glickhouse, Rachel; Nasa, Rahima (15 May 2018). "Police Are Mislabeling Anti-LGBTQ and Other Crimes as Anti-Heterosexual". ProPublica. Retrieved 21 May 2018.
  164. ^ Buchanan, Larry; Bui, Quoctrung; Patel, Jugal K. (2020-07-03). "Black Lives Matter May Be the Largest Movement in U.S. History". The New York Times. ISSN 0362-4331. Retrieved 2021-05-01.
  165. ^ Paz, Isabella Grullón; Astor, Maggie (2020-06-27). "Black Trans Women Seek More Space in the Movement They Helped Start". The New York Times. ISSN 0362-4331. Retrieved 2021-05-01.
  166. ^ "L8072". www.planalto.gov.br.
  167. ^ "L2889". www.planalto.gov.br.
  168. ^ Law 8072/1990 (aforementioned link), Article 1st, I and single paragraph.
  169. ^ "Racismo ou injúria racial? - Boletim Jurídico". Boletimjuridico.com.br. Retrieved 21 January 2013.
  170. ^ "DEL2848compilado". Planalto.gov.br. Retrieved 21 January 2013.
  171. ^ "L7716". Planalto.gov.br. Retrieved 21 January 2013.
  172. ^ . Archived from the original on 2007-10-12.
  173. ^ "COD-PENAL 12-NOV-1874 MINISTERIO DE JUSTICIA - Ley Chile - Biblioteca del Congreso Nacional". www.leychile.cl. 12 November 1874.
  174. ^ "LEY-20609 24-JUL-2012 MINISTERIO SECRETARÍA GENERAL DE GOBIERNO - Ley Chile - Biblioteca del Congreso Nacional". www.leychile.cl. 24 July 2012.
  175. ^ a b Duggan, Marian; Heap, Vicky (2014), "Prioritized Political Focus: ASB and Hate Crime", Administrating Victimization, London: Palgrave Macmillan UK, pp. 59–90, doi:10.1057/9781137409270_4, ISBN 978-1-349-48857-5, retrieved 2021-05-01
  176. ^ "Wisconsin v. Mitchell". Enotes.com. Retrieved 12 October 2011.
  177. ^ Sumner, L.W. (2005), "Hate crimes, literature, and speech", in Frey, R.G.; Heath Wellman, Christopher (eds.), A companion to applied ethics, Blackwell Companions to Philosophy, Oxford, UK Malden, Massachusetts: Blackwell Publishing, pp. 89–101, doi:10.1002/9780470996621.ch11, ISBN 9781405133456.
  178. ^ Brax, David. "Motives, reasons, and responsibility in hate/bias crime legislation." Criminal Justice Ethics 35, no. 3 (2016): 230-248.
  179. ^ Seidel, Andrew (14 May 2019). The Founding Myth (2021 ed.). United States of America: Sterling Publishing Co., Inc. p. 338. ISBN 978-1-4549-4391-4.
  180. ^ R. A. V. v. City of St. Paul, 505 U.S. 377 (1992).
  181. ^ Sources:
    • The Essayist (24 July 1998). "Hate Crime Premise". Archived from the original on 22 October 1999.
    • Evenson, Brad (8 February 2003). "The Guilty Mind". orwelltoday.com. National Post.
    • Schwartz, Lara; Ulit, Ithti Toy; Morgan, Deborah (2006). "Straight talk about hate crimes bills: Anti-gay, anti-transgender bias stall federal hate crimes legislation". Georgetown Journal of Gender & the Law. 7 (2): 171–86.
    • Kaminer, Wendy (28 October 2007). . The Wall Street Journal Editorial Page. Archived from the original on 28 October 2007.
    • Wolski, Chris (1 April 1999). . Capitalism Magazine. Archived from the original on 18 April 2003.
  182. ^ David Brax, Christian Munthe "The Philosophy of Hate Crime Anthology." 2016-05-10 at the Wayback Machine, Introduction to the Philosophy of Hate Crime (2013).
  183. ^ a b Jacobs, James B. & Kimberly Potter. (1998). Hate Crimes: Criminal Law and Identity Politics. New York: Oxford University Press,
  184. ^ Iganski, Paul, and Spiridoula Lagou. "Hate crimes hurt some more than others: Implications for the just sentencing of offenders." Journal of interpersonal violence 30.10 (2015): 1696-1718.
  185. ^ Mellgren, Caroline; Andersson, Mika; Ivert, Anna-Karin (2017). "For Whom Does Hate Crime Hurt More? A Comparison of Consequences of Victimization Across Motives and Crime Types". Journal of Interpersonal Violence. 36 (3–4). doi:10.1177/0886260517746131. PMID 29295032. S2CID 41221014.
  186. ^ Kahan, Dan M. "Two liberal fallacies in the hate crimes debate." Law and Philosophy (2001): 175-193, pp.183-185
  187. ^ Hurd, Heidi. "Why Liberals Should Hate'Hate Crime Legislation'." (2001).
  188. ^ Troy, Daniel E. (4 August 1999). . Aei.org. Archived from the original on 10 June 2011. Retrieved 14 November 2011.
  189. ^ Frontline (PBS),Interviews, Accessed 26 July 2014, "...forensic psychologist, Karen Franklin's dual interests in psychology and the law brought her to question the roots of anti-gay hate crimes... badly needed empirical data on the nature and extent of negative reactions to gays..."
  190. ^ Quinn, Dan (10 June 1997). "the crime that's not necessarily a crime". Here Media. Retrieved 1 September 2015. ...in the real world, criminals don't calculate their moves based on the specific punishment they will suffer if caught...
  191. ^ Alongi, Briana. The Negative Ramifications of Hate Crime Legislation: It's Time to Reevaluate Whether Hate Crime Laws Are Beneficial to Society. Pace L. Rev. 37 (2016): 326.

External links edit

Library resources about
Hate crime
  •   Media related to Hate crimes at Wikimedia Commons
  • Hate crimes information, by Gregory Herek
  • Alexander Verkhovsky Criminal Law on Hate Crime, Incitement to Hatred and Hate Speech in OSCE Participating States – The Hague: SOVA Center, 2016 – 136 pages. ISBN 978-5-98418-039-9
  • , annual FBI/U.S. Department of Justice report on the prevalence of hate crimes in the United States. Required by the Hate Crime Statistics Act.
  • A Policymaker's Guide to Hate Crimes, a publication by the National Criminal Justice Reference Service, part of the U.S. Department of Justice. Many parts of this article have been adapted from this document.
  • Peabody, Michael "Thought & Crime," Liberty Magazine, March/April 2008, review of recently proposed hate crime legislation and criminal intent issues.
  • "Hate Crime." Oxford Bibliographies Online: Criminology. 2010-10-31 at the Wayback Machine
  • OSCE Hate Crime Reporting website

January 01, 1970
hate, crime, race, hate, redirects, here, song, message, other, uses, disambiguation, hate, crime, also, known, bias, crime, crime, where, perpetrator, targets, victim, because, their, physical, appearance, perceived, membership, certain, social, group, exampl. Race hate redirects here For the song see Message Man For other uses see Hate crime disambiguation A hate crime also known a bias crime 1 is crime where a perpetrator targets a victim because of their physical appearance or perceived membership of a certain social group 2 Examples of such groups can include and are almost exclusively limited to race ethnicity disability language nationality physical appearance political views and or affiliation age religion sex gender identity and or sexual orientation 2 3 4 5 Non criminal actions that are motivated by these reasons are often called bias incidents Incidents may involve physical assault homicide damage to property bullying harassment verbal abuse which includes slurs or insults mate crime or offensive graffiti or letters hate mail 6 In the criminal law of the United States the Federal Bureau of Investigation FBI defines a hate crime as a traditional offense like murder arson or vandalism with an added element of bias Hate itself is not a hate crime but committing a crime motivated by bias against one or more of the social groups listed above or by bias against their derivatives constitutes a hate crime 7 A hate crime law is a law intended to deter bias motivated violence 8 Hate crime laws are distinct from laws against hate speech hate crime laws enhance the penalties associated with conduct which is already criminal under other laws while hate speech laws criminalize a category of speech Hate speech is a factor for sentencing enhancement in the United States distinct from laws that criminalize speech Contents 1 History 2 Psychological effects 3 Motivation 3 1 Risk management for hate crime offenders 4 Laws 4 1 Europe and Asia 4 1 1 Council of Europe 4 1 2 Andorra 4 1 3 Armenia 4 1 4 Austria 4 1 5 Azerbaijan 4 1 6 Belarus 4 1 7 Belgium 4 1 8 Bosnia and Herzegovina 4 1 9 Bulgaria 4 1 10 Croatia 4 1 11 Czech Republic 4 1 12 Denmark 4 1 13 Estonia 4 1 14 Finland 4 1 15 France 4 1 16 Georgia 4 1 17 Germany 4 1 18 Greece 4 1 19 Hungary 4 1 20 Iceland 4 1 21 India 4 1 22 Ireland 4 1 23 Italy 4 1 24 Kazakhstan 4 1 25 Kyrgyzstan 4 1 26 Poland 4 1 27 Russia 4 1 28 Slovenia 4 1 29 Spain 4 1 30 Sweden 4 1 31 Ukraine 4 1 32 United Kingdom 4 1 32 1 Scotland 4 1 32 1 1 Non crime hate incidents 4 1 33 Eurasian countries with no hate crime laws 4 2 North America 4 2 1 Canada 4 2 2 Mexico 4 2 3 United States 4 2 3 1 Victims in the United States 4 2 3 1 1 Anti trans hate crime 4 3 South America 4 3 1 Brazil 4 3 2 Chile 4 4 Middle East 5 Support for and opposition to hate crime laws 5 1 Support 5 2 Opposition 6 See also 7 References 8 External linksHistory editThe term hate crime came into common usage in the United States during the 1980s but it is often used retrospectively in order to describe events which occurred prior to that era 9 From the Roman persecution of Christians to the Nazi slaughter of Jews hate crimes were committed by individuals as well as governments long before the term was commonly used 5 A major part of defining crimes as hate crimes is determining that they have been committed against members of historically oppressed groups 10 11 As Europeans began to colonize the world from the 16th century onwards indigenous peoples in the colonized areas such as Native Americans increasingly became the targets of bias motivated intimidation and violence 12 13 During the past two centuries typical examples of hate crimes in the U S include lynchings of African Americans largely in the South lynchings of Europeans in the East and lynchings of Mexicans and Chinese in the West cross burnings in order to intimidate black activists or drive black families out of predominantly white neighborhoods both during and after Reconstruction assaults on lesbian gay bisexual and transgender people the painting of swastikas on Jewish synagogues and xenophobic responses to a variety of minority ethnic groups 14 The verb to lynch is attributed to the actions of Charles Lynch an 18th century Virginia Quaker Lynch other militia officers and justices of the peace rounded up Tory sympathizers who were given a summary trial at an informal court sentences which were handed down included whipping property seizure coerced pledges of allegiance and conscription into the military Originally the term referred to the extrajudicial organized but unauthorized punishment of criminals It later evolved to describe executions which were committed outside ordinary justice It is highly associated with white suppression of African Americans in the South and periods of weak or nonexistent police authority as in certain frontier areas of the Old West 5 Due to the COVID 19 pandemic the violence against people of Chinese origin significantly increased on the background of accusation of spreading the virus 15 16 17 In May 2020 the Polish based NEVER AGAIN Association published its report titled The Virus of Hate The Brown Book of Epidemic that documented numerous acts of racism xenophobia and discrimination that occurred in the wake of coronavirus pandemic as well as cases of spreading hate speech and conspiracy theories about the epidemic by the Alt Right 18 Psychological effects editHate crimes can have significant and wide ranging psychological consequences not only for their direct victims but for others of the group as well Moreover victims of hate crimes often experience a sense of victimization that goes beyond the initial crime creating a heightened sense of vulnerability towards future victimization 19 In many ways hate crime victimization can be reminder to victims of their marginalized status in society and for immigrants or refugees may also serve to make them relieve the violence that drove them to seek refuge in another country 20 A 1999 U S study of lesbian and gay victims of violent hate crimes documented that they experienced higher levels of psychological distress including symptoms of depression and anxiety than lesbian and gay victims of comparable crimes which were not motivated by antigay bias 21 A manual issued by the Attorney General of the Province of Ontario in Canada lists the following consequences 22 Impact on the individual victim psychological and affective disturbances repercussions on the victim s identity and self esteem both reinforced by a specific hate crime s degree of violence which is usually stronger than that of a common crime Effect on the targeted group generalized terror in the group to which the victim belongs inspiring feelings of vulnerability among its other members who could be the next hate crime victims Effect on other vulnerable groups ominous effects on minority groups or on groups that identify themselves with the targeted group especially when the referred hate is based on an ideology or a doctrine that preaches simultaneously against several groups Effect on the community as a whole divisions and factionalism arising in response to hate crimes are particularly damaging to multicultural societies Hate crime victims can also develop depression and psychological trauma 23 They suffer from typical systems of trauma lack of concentration fear unintentional rethinking of the incident and feeling vulnerable or unsafe These symptoms may be severe enough to qualify as PTSD In the United States the Supreme Court has accepted the claim that hate crimes cause distinct emotional harm to victims People who have been victims of hate crimes avoid spaces where they feel unsafe which can make communities less functional when ties with police are strained by persistent group fears and feelings of insecurity 24 In the United States hate crime has been shown to reduce educational attainment among affected groups particularly among black non Hispanic victims 25 A review of European and American research indicates that terrorist bombings cause Islamophobia and hate crimes to flare up but in calmer times they subside again although to a relatively high level Terrorists most persuasive message is that of fear a primary and strong emotion fear increases risk estimates and has distortive effects on the perception of ordinary Muslims Widespread Islamophobic prejudice seems to contribute to anti Muslim hate crimes but indirectly terrorist attacks and intensified Islamophobic prejudice serve as a window of opportunity for extremist groups and networks 26 Motivation editSociologists Jack McDevitt and Jack Levin s 2002 study into the motives for hate crimes found four motives and reported that thrill seeking accounted for 66 percent of all hate crimes overall in the United States 27 28 Thrill seeking perpetrators engage in hate crimes for excitement and drama Often there is no greater purpose behind the crimes with victims being vulnerable because they have an ethnic religious sexual or gender background that differs from their attackers While the actual animosity present in such a crime can be quite low thrill seeking crimes were determined to often be dangerous with 70 percent of thrill seeking hate crimes studied involving physical attacks Typically these attacks are perpetrated by groups of young teenagers or adults seeking excitement 29 Defensive perpetrators engage in hate crimes out of a belief they are protecting their communities Often these are triggered by a certain background event Perpetrators believe society supports their actions but is too afraid to act and thus they believe they have communal assent in their actions Retaliatory perpetrators engage in hate crimes out of a desire for revenge This can be in response to perceived personal slights other hate crimes or terrorism The avengers target members of a group whom they believe committed the original crime even if the victims had nothing to do with it These kinds of hate crimes are a common occurrence after terrorist attacks Mission offenders perpetrators engage in hate crimes out of ideological reasons They consider themselves to be crusaders often for a religious or racial cause They may write complex explanations for their views and target symbolically important sites trying to maximize damage They believe that there is no other way to accomplish their goals which they consider to be justification for excessive violence against innocents This kind of hate crime often overlaps with terrorism and is considered by the FBI to be both the rarest and deadliest form of hate crime In a later article Levin and fellow sociologist Ashley Reichelmann found that following the September 11 attacks thrill motivated hate crimes tended to decrease as the overall rate of violent crime decreased while defensive hate crimes increased substantially Specifically they found that 60 of all hate motivated assaults in 2001 were perpetrated against those the offenders perceived to be Middle Eastern and were motivated mainly by a desire for revenge 30 Levin and McDevitt also argued that while thrill crimes made up the majority of hate crimes in the 1990s after September 11 2001 hate crimes in the United States shifted from thrill offenses by young groups to more defensive oriented and more often perpetrated by older individuals respond to a precipitating event 29 The motivations of hate crime offenders are complex Therefore there is no one theory that can completely account for hate motived crimes 31 However Mark Austin Walters previously attempted to synthesize three interdisciplinary theories to account for the behavior of hate crime offenders 1 Strain Theory suggests that hate crimes are motivated by perceived economic and material inequality which results in differential attitudes towards outsiders who may be viewed as straining already scarce resources An example of this can be seen in the discourse surrounding some people s apprehension towards immigrants who feel as though immigrants and or refugees receive extra benefits from government and strain social systems 2 Doing Difference Theory suggests that some individuals fear groups other than their own and as a result of this seek to suppress different cultures 3 Self Control Theory suggests that a person s upbringing determines their tolerance threshold towards others here individuals with low self esteem are often impulsive have poor employment prospects and have little academic success Walters argues that a synthesis of these theories provides a more well rounded scope of the motivations behind hate crimes where he explains that social cultural and individual factors interact to elicit the violence behavior of individuals with low self control 32 Additionally psychological perspectives within the realm of behaviorism have also contributed to theoretical explanations for the motivations of hate crimes particularly as it relates to conditioning and social learning For instance the seminal work of John B Watson and Rosalie Rayner illustrated that hate a form of prejudice was a conditioned emotional response 33 Later on the work of Arthur Staats and Carolyn Staats illustrated that both hate and fear were learned behavioral responses 34 In their experiment Staats and Staats paired positive and negative works with several different nationalities The pairing of verbal stimuli was a form of conditioning and it was found to influence attitude formation and attitude change These studies are of interest when considering modern forms of prejudice directed towards ethnic religious or racial groups 35 For instance there was a significant increase in Islamophobia and hate crimes following the 9 11 terrorist attacks on the United States Simultaneously the news media was consistently pairing Islam with terrorism Thus the pairing of verbal stimuli in the media contributed to widespread prejudice towards all Arab individuals in a process that is known as semantic generalization which refers to how a learned behavior can generalize across situations based on meaning or other abstract representations 36 These occurrences continue today with the social and political discourse that contribute to the context in which people learn come to form beliefs and engage in behavioural actions Although not all individuals with prejudicial attitudes go on to engage in hate motived crime it has been suggested that hate crime offenders come to learn their prejudices through social interaction consumption of biased news media political hate speech and internal misrepresentations of cultures other than their own 37 Risk management for hate crime offenders edit Compared to other types of offending there has been relatively little research directed towards the management of hate crime offenders 38 However risk management for hate crime offenders is an important consideration for forensic psychology and public safety in order to decrease the potential for future harm Forensic risk assessments are designed to evaluate the likelihood of re offending and to aid in risk management strategies While not specifically designed for hate crime offenders some of the most common risk assessment tools used to assess risk for hate crime offenders include the Violence Risk Appraisal Guide VRAG 39 the Historical Clinical Risk Management 20 HCR 20 40 and the Psychopathy Checklist Revised PCL R 41 Research has shown that assessing and addressing risk posed by hate crime offenders is especially complex and while existing tools are useful it is important to incorporate bias oriented factors Dunbar et al 2005 That is hate crime offenders do tend to score high risk on tools including both static and dynamic factors but severity has been found to not be solely related to these factors illustrating a need to incorporate biases and ideological factors 42 Laws editHate crime laws generally fall into one of several categories laws defining specific bias motivated acts as distinct crimes criminal penalty enhancement laws laws creating a distinct civil cause of action for hate crimes and laws requiring administrative agencies to collect hate crime statistics 43 Sometimes as in Bosnia and Herzegovina the laws focus on war crimes genocide and crimes against humanity with the prohibition against discriminatory action limited to public officials Europe and Asia edit Council of Europe edit Since 2006 with the Additional Protocol to the Convention on Cybercrime most signatories to that Convention mostly members of the Council of Europe committed to punish as a crime racist and xenophobic hate speech done through the internet 44 Andorra edit Discriminatory acts constituting harassment or infringement of a person s dignity on the basis of origin citizenship race religion or gender Penal Code Article 313 Courts have cited bias based motivation in delivering sentences but there is no explicit penalty enhancement provision in the Criminal Code The government does not track hate crime statistics although they are relatively rare 43 Armenia edit Armenia has a penalty enhancement statute for crimes with ethnic racial or religious motives Criminal Code Article 63 43 Austria edit Austria has a penalty enhancement statute for reasons like repeating a crime being especially cruel using others helpless states playing a leading role in a crime or committing a crime with racist xenophobic or especially reprehensible motivation Penal Code section 33 5 45 Austria is a party to the Convention on Cybercrime but not the Additional Protocol Azerbaijan edit Azerbaijan has a penalty enhancement statute for crimes motivated by racial national or religious hatred Criminal Code Article 61 Murder and infliction of serious bodily injury motivated by racial religious national or ethnic intolerance are distinct crimes Article 111 43 Azerbaijan is a party to the Convention on Cybercrime but not the Additional Protocol Belarus edit Belarus has a penalty enhancement statute for crimes motivated by racial national and religious hatred and discord 43 46 Belgium edit Belgium s Act of 25 February 2003 aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the Centre for Equal Opportunities and the Fight against Racism establishes a penalty enhancement for crimes involving discrimination on the basis of gender supposed race color descent national or ethnic origin sexual orientation civil status birth fortune age religious or philosophical beliefs current or future state of health and handicap or physical features The Act also provides for a civil remedy to address discrimination 43 The Act along with the Act of 20 January 2003 on strengthening legislation against racism requires the centre to collect and publish statistical data on racism and discriminatory crimes 43 Belgium is a party to the Convention on Cybercrime but not the Additional Protocol Bosnia and Herzegovina edit The Criminal Code of Bosnia and Herzegovina enacted 2003 contains provisions prohibiting discrimination by public officials on grounds inter alia of race skin colour national or ethnic background religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities Article 145 1 and 145 2 47 Bulgaria edit Bulgarian criminal law prohibits certain crimes motivated by racism and xenophobia but a 1999 report by the European Commission against Racism and Intolerance found that it does not appear that those provisions have ever resulted in convictions before the courts in Bulgaria 48 Croatia edit The Croatian Penal Code explicitly defines hate crime in article 89 as any crime committed out of hatred for someone s race skin color sex sexual orientation language religion political or other belief national or social background asset birth education social condition age health condition or other attribute 49 On 1 January 2013 a new Penal Code was introduced with the recognition of a hate crime based on race skin color religion national or ethnic background sexual orientation or gender identity 50 Czech Republic edit The Czech legislation finds its constitutional basis in the principles of equality and non discrimination contained in the Charter of Fundamental Rights and Basic Freedoms From there we can trace two basic lines of protection against hate motivated incidents one passes through criminal law the other through civil law The current Czech criminal legislation has implications both for decisions about guilt affecting the decision whether to find a defendant guilty or not guilty and decisions concerning sentencing affecting the extent of the punishment imposed It has three levels to wit a circumstance determining whether an act is a crime hate motivation is included in the basic constituent elements If hate motivation is not proven a conviction for a hate crime is not possible a circumstance determining the imposition of a higher penalty hate motivation is included in the qualified constituent elements for some types of crimes murder bodily harm If hate motivation is not proven the penalty is imposed according to the scale specified for the basic constituent elements of the crime general aggravating circumstance the court is obligated to take the hate motivation into account as a general aggravating circumstance and determines the amount of penalty to impose Nevertheless it is not possible to add together a general aggravating circumstance and a circumstance determining the imposition of a higher penalty see Annex for details Current criminal legislation does not provide for special penalties for acts that target another by reason of his sexual orientation age or health status Only the constituent elements of the criminal offence of Incitement to hatred towards a group of persons or to the curtailment of their rights and freedoms and general aggravating circumstances include attacking a so called different group of people Such a group of people can then of course be also defined by sexual orientation age or health status A certain disparity has thus been created between on the one hand those groups of people who are victimized by reason of their skin color faith nationality ethnicity or political persuasion and enjoy increased protection and on the other hand those groups that are victimized by reason of their sexual orientation age or health status and are not granted increased protection This gap in protection against attacks motivated by the victim s sexual orientation age or health status cannot be successfully bridged by interpretation Interpretation by analogy is inadmissible in criminal law sanctionable motivations being exhaustively enumerated 51 Denmark edit Although Danish law does not include explicit hate crime provisions section 80 1 of the Criminal Code instructs courts to take into account the gravity of the offence and the offender s motive when meting out penalty and therefore to attach importance to the racist motive of crimes in determining sentence 52 In recent years judges have used this provision to increase sentences on the basis of racist motives 43 53 Since 1992 the Danish Civil Security Service PET has released statistics on crimes with apparent racist motivation 43 Estonia edit Under section 151 of the Criminal Code of Estonia of 6 June 2001 which entered into force on 1 September 2002 with amendments and supplements and as amended by the Law of 8 December 2011 activities which publicly incite to hatred violence or discrimination on the basis of nationality race colour sex language origin religion sexual orientation political opinion or financial or social status if this results in danger to the life health or property of a person are punishable by a fine of up to 300 fine units or by detention 54 Finland edit Finnish Criminal Code 515 2003 enacted 31 January 2003 makes committing a crime against a person because of his national racial ethnical or equivalent group an aggravating circumstance in sentencing 43 55 In addition ethnic agitation Finnish kiihotus kansanryhmaa vastaan is criminalized and carries a fine or a prison sentence of not more than two years The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is conveyed A more aggravated hate crime warmongering Finnish sotaan yllyttaminen carries a prison sentence of one to ten years However in case of warmongering the prosecution must prove an overt act that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation The act in question may consist of illegal violence directed against a foreign country or its citizens systematic dissemination of false information on Finnish foreign policy or defense public influence on the public opinion towards a pro war viewpoint or public suggestion that a foreign country or Finland should engage in an aggressive act 56 France edit In 2003 France enacted penalty enhancement hate crime laws for crimes motivated by bias against the victim s actual or perceived ethnicity nation race religion or sexual orientation The penalties for murder were raised from 30 years for non hate crimes to life imprisonment for hate crimes and the penalties for violent attacks leading to permanent disability were raised from 10 years for non hate crimes to 15 years for hate crimes 43 57 Georgia edit There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses Certain crimes involving racist motivation are however defined as specific offenses in the Georgian Criminal Code of 1999 including murder motivated by racial religious national or ethnic intolerance article 109 infliction of serious injuries motivated by racial religious national or ethnic intolerance article 117 and torture motivated by racial religious national or ethnic intolerance article 126 ECRI reported no knowledge of cases in which this law has been enforced There is no systematic monitoring or data collection on discrimination in Georgia 43 Germany edit The German Criminal Code does not have hate crime legislation instead it criminalizes hate speech under a number of different laws including Volksverhetzung In the German legal framework motivation is not taken into account while identifying the element of the offence However within the sentencing procedure the judge can define certain principles for determining punishment In section 46 of the German Criminal Code it is stated that the motives and aims of the perpetrator the state of mind reflected in the act and the willfulness involved in its commission 58 can be taken into consideration when determining the punishment under this statute hate and bias have been taken into consideration in sentencing in past cases 59 Hate crimes are not specifically tracked by German police but have been studied separately a recently published EU Report on Racism finds that racially motivated attacks are frequent in Germany identifying 18 142 incidences for 2006 of which 17 597 were motivated by right wing ideologies both about a 14 year by year increase 60 Relative to the size of the population this represents an eightfold higher rate of hate crimes than reported in the US during the same period 61 Awareness of hate crimes in Germany remains low 62 Greece edit Article Law 927 1979 Section 1 1 penalises incitement to discrimination hatred or violence towards individuals or groups because of their racial national or religious origin through public written or oral expressions Section 1 2 prohibits the establishment of and membership in organisations which organise propaganda and activities aimed at racial discrimination Section 2 punishes public expression of offensive ideas Section 3 penalises the act of refusing in the exercise of one s occupation to sell a commodity or to supply a service on racial grounds 63 Public prosecutors may press charges even if the victim does not file a complaint However as of 2003 no convictions had been attained under the law 64 Hungary edit Violent action cruelty and coercion by threat made on the basis of the victim s actual or perceived national ethnic religious status or membership in a particular social group are punishable under article 174 B of the Hungarian Criminal Code 43 This article was added to the Code in 1996 65 Hungary is a party to the Convention on Cybercrime but not the Additional Protocol Iceland edit Section 233a of the Icelandic Penal Code states Anyone who in a ridiculing slanderous insulting threatening or any other manner publicly abuses a person or a group of people on the basis of their nationality skin colour race religion or sexual orientation shall be fined or jailed for up to two years 66 Iceland is a party to the Convention on Cybercrime but not the Additional Protocol India edit India does not have any specific laws governing hate crimes in general other than hate speech which is covered under the Indian Penal Code Ireland edit The Prohibition of Incitement to Hatred Act 1989 created the offence of inciting hatred against a group of persons on account of their race colour nationality religion ethnic or national origins membership of the Traveller community an indigenous minority group or sexual orientation 43 67 Frustration at the low number of prosecutions 18 by 2011 was attributed to a misconception that the law addressed hate crimes more generally as opposed to incitement in particular 68 In 2019 a UN rappourteur told Irish representatives at the Committee on the Elimination of Racial Discrimination meeting at UN Geneva to introduce new hate crime legislation to combat the low prosecution rate for offences under the 1989 act particularly for online hate speech and lack of training for the Garda Siochana on racially motivated crimes The rapporteur s points came during a rise in anti immigrant rhetoric and racist attacks in Ireland and were based on reccomendations submitted by the Irish Human Rights and Equality Commission and numerous other civil society organisations Reforms are supported by the Irish Network Against Racism 69 The Criminal Justice Incitement to Violence or Hatred and Hate Offences Bill known as the Hate Crime Bill prohibiting hate speech or incitement to hate crimes based on protected characteristics is in its Third Stage at the Seanad Ireland s upper house as of June 2023 update and the Irish Times reports it is likely to become law in late 2023 70 71 It has drawn concern from the Irish Council for Civil Liberties and from across the political spectrum specifically from Michael McDowell Ronan Mullen and People Before Profit as well as internationally from business magnate Elon Musk and political activist Donald Trump Jr 71 Paul Murphy of People Before Profit said the bill created a thought crime by its criminalisation of possessing material prepared for circulation where circulation would incite hatred 71 Pauline O Reilly a Green Party senator said that the existing legislation was not effective and outdated adding that the Gardai saw a rise of 30 in hate crime in Ireland 72 Data published by the Gardai showed a 29 increase in hate crimes and hate related incidents from 448 in 2021 to 582 in 2022 73 The Gardai recognise that despite improvements hate crime and hate related incidents are still under reported 74 Italy edit Italian criminal law at Section 3 of Law No 205 1993 the so called Legge Mancino Mancino law contains a penalty enhancement provision for all crimes motivated by racial ethnic national or religious bias 43 Italy is a party to the Convention on Cybercrime but not the Additional Protocol Kazakhstan edit In Kazakhstan there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority 43 Kyrgyzstan edit In Kyrgyzstan the Constitution of the State party prohibits any kind of discrimination on grounds of origin sex race nationality language faith political or religious convictions or any other personal or social trait or circumstance and that the prohibition against racial discrimination is also included in other legislation such as the Civil Penal and Labour Codes 75 Article 299 of the Criminal Code defines incitement to national racist or religious hatred as a specific offense This article has been used in political trials of suspected members of the banned organization Hizb ut Tahrir 43 76 Poland edit Article 13 of the Constitution of Poland prohibits organizations whose programmes or activities sanction racial or national hatred 77 Russia edit Article 29 of Constitution of the Russian Federation bans incitement to riot for the sake of stirring societal racial ethnic and religious hatred as well as the promotion of the superiority of the same Article 282 of the Criminal code further includes protections against incitement of hatred including gender via various means of communication instilling criminal penalties including fines and imprisonment 78 Although a former member of the Council of Europe Russia is not a party to the Convention on Cybercrime Slovenia edit In 2023 Slovenia introduced a penalty enhancement provision in its Penal Code If the victim s national racial religious or ethnic origin sex colour descent property education social status political or other opinion disability sexual orientation or any other personal circumstance was a factor contributing to the commission of the criminal offence it shall be taken into account when determining the penalty 79 Spain edit Article 22 4 of the Spanish Penal Code includes a penalty enhancement provision for crimes motivated by bias against the victim s ideology beliefs religion ethnicity race nationality gender sexual orientation illness or disability 43 On 14 May 2019 the Spanish Attorney General distributed a circular instructing on the interpretation of hate crime law This new interpretation includes nazis as a collective that can be protected under this law 80 Although a member of the Council of Europe Spain is not a party to the Convention on Cybercrime Sweden edit Article 29 of the Swedish Penal Code includes a penalty enhancement provision for crimes motivated by bias against the victim s race color nationality ethnicity sexual orientation religion or other similar circumstance of the victim 43 81 Ukraine edit The constitution of Ukraine guarantees protection against hate crime Article 10 In Ukraine free development use and protection of Russian and other languages of ethnic minorities of Ukraine are guaranteed Article 11 The State shall promote the development of the ethnic cultural linguistic and religious identity of all indigenous peoples and ethnic minorities of Ukraine Article 24 There can be no privileges or restrictions on the grounds of race color of the skin political religious or other beliefs sex ethnic or social origin property status place of residence language or other grounds 82 Under the Criminal Codex crimes committed because of hatred are hate crimes and carry increased punishment in many articles of the criminal law There are also separate articles on punishment for a hate crime Article 161 Violations of equality of citizens depending on their race ethnicity religious beliefs disability and other grounds Intentional acts aimed at incitement to ethnic racial or religious hatred and violence to demean the ethnic honor and dignity or to repulse citizens feelings due to their religious beliefs as well as direct or indirect restriction of rights or the establishment of direct or indirect privileges of citizens on the grounds of race color political religious or other beliefs sex disability ethnic or social origin property status place of residence language or other grounds maximum criminal sentence of up to 8 years in prison Article 300 Importation manufacture or distribution of literature and other media promoting a cult of violence and cruelty racial ethnic or religious intolerance and discrimination maximum criminal sentence of up to 5 years in prison 83 United Kingdom edit For England Wales and Scotland the Sentencing Act 2020 makes racial or religious hostility or hostility related to disability sexual orientation or transgender identity an aggravation in sentencing for crimes in general 84 Separately the Crime and Disorder Act 1998 defines separate offences with increased sentences for racially or religiously aggravated assaults harassment and a handful of public order offences For Northern Ireland Public Order 1987 S I 1987 463 N I 7 serves the same purposes 85 A racial group is a group of persons defined by reference to race colour nationality including citizenship or ethnic or national origins A religious group is a group of persons defined by reference to religious belief or lack of religious belief Hate crime legislation is distinct from hate speech legislation See Hate speech laws in the United Kingdom The Crime Survey for England and Wales CSEW reported in 2013 that there were an average of 278 000 hate crimes a year with 40 percent being reported according to a victims survey police records only identified around 43 000 hate crimes a year 86 needs update It was reported that police recorded a 57 percent increase in hate crime complaints in the four days following the UK s European Union membership referendum however a press release from the National Police Chief s Council stated that this should not be read as a national increase in hate crime of 57 percent 87 88 In 2013 Greater Manchester Police began recording attacks on goths punks and other alternative culture groups as hate crimes 89 On 4 December 2013 Essex Police launched the Stop the Hate initiative as part of a concerted effort to find new ways to tackle hate crime in Essex The launch was marked by a conference in Chelmsford hosted by Chief Constable Stephen Kavanagh which brought together 220 delegates from a range of partner organizations involved in the field The theme of the conference was Report it to Sort it and the emphasis was on encouraging people to tell police if they have been a victim of hate crime whether it be based on race religion sexual orientation transgender identity or disability 90 Crown Prosecution Service guidance issued on 21 August 2017 stated that online hate crimes should be treated as seriously as offences in person 91 Perhaps the most high profile hate crime in modern Britain occurred in Eltham London on 24 April 1993 when 18 year old black student Stephen Lawrence was stabbed to death in an attack by a gang of white youths Two white teenagers were later charged with the murder and at least three other suspects were mentioned in the national media but the charges against them were dropped within three months after the Crown Prosecution Service concluded that there was insufficient evidence to prosecute However a change in the law a decade later allowed a suspect to be charged with a crime twice if new evidence emerged after the original charges were dropped or a not guilty verdict was delivered in court Gary Dobson who had been charged with the murder in the initial 1993 investigation was found guilty of Stephen Lawrence s murder in January 2012 and sentenced to life imprisonment as was David Norris who had not been charged in 1993 A third suspect Luke Knight had been charged in 1993 but was not charged when the case came to court nearly 20 years later citation needed In September 2020 the Law Commission proposed that sex or gender be added to the list of protected characteristics 92 93 The United Kingdom is a party to the Convention on Cybercrime but not the Additional Protocol A 2021 investigation by Newsnight and The Law Society Gazette found that alleged hate crimes in which the victim was a police officer were significantly more likely to result in a successful prosecution The investigation found that in several areas crimes against police officers and staff constituted up to half of all hate crimes convictions despite representing a much smaller proportion of reported incidents 94 Scotland edit Under Scottish Common law citation needed the courts can take any aggravating factor into account when sentencing someone found guilty of an offence There is legislation dealing with the offences of incitement of racial hatred racially aggravated harassment and prejudice relating to religious beliefs disability sexual orientation and transgender identity 95 A Scottish Executive working group examined the issue of hate crime and ways of combating crime motivated by social prejudice reporting in 2004 96 Its main recommendations were not implemented but in their manifestos for the 2007 Scottish Parliament election several political parties included commitments to legislate in this area including the Scottish National Party which now forms the Scottish Government The Offences Aggravation by Prejudice Scotland Bill was introduced on 19 May 2008 by Patrick Harvie MSP 97 having been prepared with support from the Scottish Government and was passed unanimously by the parliament on 3 June 2009 98 The Hate Crime and Public Order Scotland Act 2021 comes into force on 01 April 2024 99 Its introduction was critcised by the Association of Scottish Police Superintendents saying it feared Police Scotland would be deluged by cases diverting officers from tackling violent offenders and that the Act threatened to fuel claims of institutional bias against the force 100 Non crime hate incidents edit In March 2024 Scottish Conservatives MSP Murdo Fraser threatened Police Scotland with legal action following his criticism of the Scottish Government s transgender policy was logged as a hate incident after being told that his name appears in police records for expressing his view about the policy even though no crime was committed 101 Fraser had shared a column written by Susan Dalgety for The Scotsman which claimed the Scottish Government s non binary equality action plan would lead to children being damaged by this cult and commenting Choosing to identify as non binary is as valid as choosing to identify as a cat I m not sure governments should be spending time on action plans for either 102 Eurasian countries with no hate crime laws edit nbsp The famous fresco Bathing of the Christ after being vandalized by a Kosovo Albanian mob during the 2004 unrest in Kosovo Albania Cyprus San Marino and Turkey have no hate crime laws 43 Nonetheless all of these except Turkey are parties to the Convention on Cybercrime and the Additional Protocol North America edit Canada edit In Canada the legal definition of a hate crime can be found in sections 318 and 319 of the Criminal Code 103 In 1996 the federal government amended a section of the Criminal Code that pertains to sentencing Specifically section 718 2 The section states with regard to the hate crime A court that imposes a sentence shall also take into consideration the following principles a a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender and without limiting the generality of the foregoing i evidence that the offence was motivated by bias prejudice or hate based on race national or ethnic origin language colour religion sex age mental or physical disability sexual orientation or any other similar factor shall be deemed to be aggravating circumstances 103 A vast majority 84 percent of hate crime perpetrators were male with an average age of just under 30 Less than 10 of those accused had criminal records and less than 5 percent had previous hate crime involvement 104 Only 4 percent of hate crimes were linked to an organized or extremist group 105 As of 2004 Jewish people were the largest ethnic group targeted by hate crimes followed by black people Muslims South Asians and homosexuals Silver et al 2004 105 During the Nazi regime in Germany antisemitism was a cause of hate related violence in Canada For example on 16 August 1933 there was a baseball game in Toronto and one team was made up mostly of Jewish players At the end of the game a group of Nazi sympathizers unfolded a Swastika flag and shouted Heil Hitler That event erupted into a brawl that pitted Jews and Italians against Anglo Canadians the brawl went on for hours 103 The first time someone was charged for hate speech over the internet occurred on 27 March 1996 A Winnipeg teenager was arrested by the police for sending an email to a local political activist that contained the message Death to homosexuals it s prescribed in the Bible Better watch out next Gay Pride Week 105 During the COVID 19 pandemic Canada saw a sudden rise in hate crimes based on race religion and sexual orientation 106 Statistics Canada reported there was a 72 increase in hate crimes between 2019 and 2021 107 Mexico edit Alejandro Gertz Manero Attorney General of Mexico recommended in August 2020 that all murders involving women be investigated as femicides An average of 11 women are killed every day 108 Murders of LGBTQ individuals are not legally classified as hate crimes in Mexico although Luis Guzman of the Cohesion de Diversidades para la Sustentabilidad Codise notes that there is a lot of homophobia in Mexico particularly in the states of Veracruz Chihuahua and Michoacan Between 2014 and May 2020 there have been 209 such murders registered 109 United States edit Main article Hate crime laws in the United States nbsp Shepard center Louvon Harris left Betty Bryd Boatner right with President Barack Obama in 2009 to promote the Hate Crimes Prevention Act Hate crime laws have a long history in the United States The first hate crime 110 laws were passed after the American Civil War beginning with the Civil Rights Act of 1871 in order to combat the growing number of racially motivated crimes which were being committed by the Reconstruction era Ku Klux Klan The modern era of hate crime legislation began in 1968 with the passage of federal statute 18 U S C A 249 part of the Civil Rights Act which made it illegal to by force or by threat of force injure intimidate or interfere with anyone who is engaged in six specified protected activities by reason of their race color religion or national origin 111 However The prosecution of such crimes must be certified by the U S attorney general 112 The first state hate crime statute California s Section 190 2 was passed in 1978 and provided penalty enhancements in cases when murders were motivated by prejudice against four protected status categories race religion color and national origin Washington included ancestry in a statute which was passed in 1981 Alaska included creed and sex in 1982 and later disability sexual orientation and ethnicity In the 1990s some state laws began to include age marital status membership in the armed forces and membership in civil rights organizations 113 Until California state legislation included all crimes as possible hate crimes in 1987 criminal acts which could be considered hate crimes in various states included aggravated assault assault and battery vandalism rape threats and intimidation arson trespassing stalking and various lesser acts 114 Defined in the 1999 National Crime Victim Survey A hate crime is a criminal offence In the United States federal prosecution is possible for hate crimes committed on the basis of a person s race religion or nation origin when engaging in a federally protected activity In 2009 capping a broad based public campaign lasting more than a decade President Barack Obama signed into law the Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act The Act added actual or perceived gender gender identity sexual orientation and disability to the federal definition of a hate crime and dropped the prerequisite that the victim be engaging in a federally protected activity Led by Shepard s parents and a coalition of civil rights groups with ADL the Anti Defamation League 115 116 in a lead role the campaign to pass the Matthew Shepard Act lasted 13 years in large part because of opposition to including the term sexual orientation as one of the bases for deeming a crime to be a hate crime 117 ADL also drafted model hate crimes legislation in the 1980s that serves as the template for the legislation that a majority of states have adopted 118 As of the fall of 2020 46 of the 50 states and Washington D C have statutes criminalizing various types of hate crimes 119 Thirty one states and the District of Columbia have statutes creating a civil cause of action in addition to the criminal penalty for similar acts Twenty seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics 120 In May 2020 the killing of African American jogger Ahmaud Arbery reinvigorated efforts to adopt a hate crimes law in Georgia which was one of a handful of states without a such legislation Led in great part by the Hate Free Georgia Coalition a group of 35 nonprofit groups organized by the Georgia state ADL 121 the legislation was adopted in June 2020 after 16 years of debate 122 123 According to the FBI Hate Crime Statistics report for 2006 hate crimes increased nearly 8 percent nationwide with a total of 7 722 incidents and 9 080 offences reported by participating law enforcement agencies Of the 5 449 crimes against persons 46 percent were classified as intimidation and 32 percent as simple assaults Acts of vandalism or destruction comprised 81 percent of the 3 593 crimes against property 124 However according to the FBI Hate Crime Statistics for 2007 the number of hate crimes decreased to 7 624 incidents reported by participating law enforcement agencies 125 These incidents included nine murders and two rapes out of the almost 17 000 murders and 90 000 forcible rapes committed in the U S in 2007 126 In June 2009 Attorney General Eric Holder said recent killings showed the need for a tougher U S hate crimes law to stop violence masquerading as political activism 127 Leadership Conference on Civil Rights Education Fund published a report in 2009 revealing that 33 percent of hate crime offenders were under the age of 18 while 29 percent were between the ages of 18 and 24 128 The 2011 hate crime statistics show 46 9 percent were motivated by race and 20 8 percent by sexual orientation 129 In 2015 the Hate Crimes Statistics report identified 5 818 single bias incidents involving 6 837 offenses 7 121 victims and 5 475 known offenders 130 In 2017 the FBI released new data showing a 17 percent increase in hate crimes between 2016 and 2017 131 In 2018 the Hate Crime Statistics report showed 59 5 percent were motivated by race bias and 16 9 percent by sexual orientation Incidents and Offenses 132 Prosecutions of hate crimes have been difficult in the United States Recently state governments have attempted to re investigate and re try past hate crimes One notable example was Mississippi s decision to retry Byron De La Beckwith in 1990 for the 1963 murder of Medgar Evers a prominent figure in the NAACP and a leader of the civil rights movement 133 This was the first time in U S history that an unresolved civil rights case was re opened De La Beckwith a member of the Ku Klux Klan was tried for the murder on two previous occasions resulting in hung juries A mixed race jury found Beckwith guilty of murder and he was sentenced to life in prison in 1994 134 According to a November 2016 report issued by the FBI hate crimes are on the rise in the United States 135 The number of hate crimes increased from 5 850 in 2015 to 6 121 hate crime incidents in 2016 an increase of 4 6 percent 136 137 138 The Khalid Jabara Heather Heyer National Opposition to Hate Assault and Threats to Equality Act NO HATE which was first introduced in 2017 was reintroduced in June 2019 to improve hate crime reporting and expand support for victims as a response to anti LGBTQ anti Muslim and antisemitic attacks The bill would fund state hate crime hotlines and support expansion of reporting and training programs in law enforcement agencies 139 According to a 2021 study in the years between 1992 and 2014 white people were the offenders in 74 5 percent of anti Asian hate crimes 99 percent of anti black hate crimes and 81 1 percent of anti Hispanic hate crimes 140 Victims in the United States edit One of the largest waves of hate crimes in the history of the United States took place during the civil rights movement in the 1950s and 1960s Violence and threats of violence were common against African Americans and hundreds of people died due to such acts Members of this ethnic group faced violence from groups such as the Ku Klux Klan as well as violence from individuals who were committed to maintaining segregation 141 At the time civil rights leaders such as Martin Luther King Jr and their supporters fought hard for the right of African Americans to vote as well as for equality in their everyday lives African Americans have been the target of hate crimes since the Civil War 142 and the humiliation of this ethnic group was also desired by many anti black individuals Other frequently reported bias motivations were bias against a religion bias against a particular sexual orientation and bias against a particular ethnicity national origin 143 At times these bias motivations overlapped because violence can be both anti gay and anti black for example 144 Analysts have compared groups in terms of the per capita rate of hate crimes committed against them to allow for differing populations Overall the total number of hate crimes committed since the first hate crime bill was passed in 1997 is 86 582 145 Hate crimes in the US 2008 2012 by victim population group Population group Estimated population Hate crimes against 2008 2012 146 147 148 149 150 Violent hate crimes against 151 Total Rate per 100 000 people Total Rate per 100 000 people Jewish 5 248 674 152 4 457 84 9 411 7 8 LGBT 11 343 000 153 7 231 66 9 3 849 35 6 Muslim 1 852 473 152 761 41 1 258 13 9 Black 38 929 319 154 13 411 34 4 4 356 11 2 Aboriginal 2 932 248 154 364 12 4 161 5 5 Hispanic 50 477 594 154 3 064 6 1 1 482 2 9 Asian and Pacific Islander 15 214 265 154 798 5 2 276 1 8 White 223 553 265 154 3 459 1 5 1 614 0 7 Catholic 67 924 018 155 338 0 5 32 0 0 Atheist and agnostic 17 598 496 155 47 0 3 5 0 0 Protestant 148 197 858 155 229 0 2 17 0 0 Among the groups which are mentioned in the Hate Crimes Statistics Act the largest number of hate crimes are committed against African Americans 156 During the Civil Rights Movement some of the most notorious hate crimes included the 1968 assassination of Martin Luther King Jr the 1964 murders of Charles Moore and Henry Dee the 1963 16th Street Baptist Church bombing the 1955 murder of Emmett Till 142 and the burning of crosses churches Jewish synagogues and other places of worship of minority religions Such acts began to take place more frequently after the racial integration of many schools and public facilities 156 High profile murders targeting victims based on their sexual orientation have prompted the passage of hate crimes legislation notably the cases of Sean W Kennedy and Matthew Shepard Kennedy s murder was mentioned by Senator Gordon Smith in a speech on the floor of the U S Senate while he advocated such legislation The Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act was signed into law in 2009 It included sexual orientation gender identity and expression disably status and military personnel and their family members 157 158 This is the first all inclusive bill ever passed in the United States taking 45 years to complete clarification needed Gender based crimes may also be considered hate crimes This view would designate rape and domestic violence as well as non interpersonal violence against women such as the Ecole Polytechnique massacre in Quebec as hate crimes 159 160 161 Following the September 11 2001 terrorist attacks the United States experienced a spike in overall hate crimes against Muslim individuals In the year before only 28 events had been recorded of hate crimes against Muslims in 2001 this number jumped to 481 While the number decreased in the following years the number of Muslim hate crimes remains higher than pre 2001 162 In May 2018 ProPublica reviewed police reports for 58 cases of purported anti heterosexual hate crimes ProPublica found that about half of the cases were anti LGBT hate crimes that had been miscategorized and that the rest were motivated by hate towards Jews blacks or women or that there was no element of a hate crime at all ProPublica did not find any cases of hate crimes spurred by anti heterosexual bias 163 Anti trans hate crime edit In 2017 shortly after President Donald Trump took office hate crimes against transgender individuals increased citation needed In June 2020 after the death of several African Americans at the hands of police officers in particular George Floyd triggered protests around the world as part of the Black Lives Matter movement 164 hate crimes against the black trans community began to increase 165 South America edit Further information Social cleansing Brazil edit In Brazil hate crime laws focus on racism racial injury and other special bias motivated crimes such as for example murder by death squads 166 and genocide on the grounds of nationality ethnicity race or religion 167 Murder by death squads and genocide are legally classified as hideous crimes crimes hediondos in Portuguese 168 The crimes of racism and racial injury although similar are enforced slightly differently 169 Article 140 3rd paragraph of the Penal Code establishes a harsher penalty from a minimum of one year to a maximum of three years for injuries motivated by elements referring to race color ethnicity religion origin or the condition of being an aged or disabled person 170 On the other side Law 7716 1989 covers crimes resulting from discrimination or prejudice on the grounds of race color ethnicity religion or national origin 171 In addition the Brazilian Constitution defines as a fundamental goal of the Republic Article 3rd clause IV to promote the well being of all with no prejudice as to origin race sex color age and any other forms of discrimination 172 Chile edit In 2012 the Anti discrimination law amended the Criminal Code adding a new aggravating circumstance of criminal responsibility as follows Committing or participating in a crime motivated by ideology political opinion religion or beliefs of the victim nation race ethnic or social group sex sexual orientation gender identity age affiliation personal appearance or suffering from illness or disability 173 174 Middle East edit Israel is the only country in the Middle East that has hate crime laws citation needed Hate crime as passed by the Israeli Knesset Parliament is defined as crime for reason of race religion gender and sexual orientation Support for and opposition to hate crime laws editSupport edit This section needs additional citations for verification Please help improve this article by adding citations to reliable sources in this section Unsourced material may be challenged and removed February 2015 Learn how and when to remove this message Justifications for harsher punishments for hate crimes focus on the notion that hate crimes cause greater individual and societal harm 175 In a 2014 book author Marian Duggan asserts that when the core of a person s identity is attacked the degradation and dehumanization is especially severe and additional emotional and physiological problems are likely to result Wider society can suffer from the disempowerment of a group of people 175 Furthermore it is asserted that the chances for retaliatory crimes are greater when a hate crime has been committed The riots in Los Angeles California that followed the beating of Rodney King a black motorist by a group of white police officers are cited as support for this argument 14 The beating of white truck driver Reginald Denny by black rioters during the same riot is also an example that supports this argument In Wisconsin v Mitchell the U S Supreme Court unanimously found that penalty enhancement hate crime statutes do not conflict with free speech rights because they do not punish an individual for exercising freedom of expression rather they allow courts to consider motive when sentencing a criminal for conduct which is not protected by the First Amendment 176 In the case of Chaplinsky v New Hampshire the court defined fighting words as those which by their very utterance inflict injury or tend to incite an immediate breach of the peace 177 David Brax argues that critics of hate crime laws are wrong in claiming that hate crimes punish thoughts or motives he asserts they do not do this but instead punish people for choosing these reasons to commit a criminal act 178 Similarly Andrew Seidel writes Hate crime or bias intimidation crimes are not thoughtcrimes Most crimes require two things an act and an intent If you simply hate someone based on race sexuality or creed that thought is not punishable Only the thought combined with an illegal action is criminal 179 Opposition edit The U S Supreme Court unanimously found the St Paul Bias Motivated Crime Ordinance amounted to viewpoint based discrimination in conflict with rights of free speech because it selectively criminalized bias motivated speech or symbolic speech for disfavored topics while permitting such speech for other topics 180 Many critics further assert that it conflicts with an even more fundamental right free thought The claim is that hate crime legislation effectively makes certain ideas or beliefs including religious ones illegal in other words thought crimes 181 Heidi Hurd argues that hate crimes criminalize certain dispositions yet do not show why hate is a morally worse disposition for a crime than one motivated by jealousy greed sadism or vengeance or why hatred and bias are uniquely responsive to criminal sanction compared to other motivations Hurd argues that whether or not a disposition is worse than another is case sensitive and thus it is difficult to argue that some motivations are categorically worse than others 182 In their book Hate Crimes Criminal Law and Identity Politics James B Jacobs and Kimberly Potter criticize hate crime legislation for exacerbating conflicts between groups They assert that by defining crimes as being committed by one group against another rather than as being committed by individuals against their society the labeling of crimes as hate crimes causes groups to feel persecuted by one another and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime 183 Jacobs and Potter also argued that hate crime legislation can end up only covering the victimization of some groups rather than all which is a form of discrimination itself and that attempts to remedy this by making all identifiable groups covered by hate crime protection thus make hate crimes co terminus with generic criminal law The authors also suggest that arguments which attempt to portray hate crimes as worse than normal crimes because they spread fear in a community are unsatisfactory as normal criminal acts can also spread fear yet only hate crimes are singled out 183 Indeed it has been argued that victims have varied reactions to hate crimes so it is not necessarily true that hate crimes are regarded as more harmful than other crimes 184 185 Dan Kahan argues that the greater harm argument is conceptually flawed as it is only because people value their group identities that attacks motivated by an animus against those identities are seen as worse thus making it the victim and society s reaction to the crime rather than the crime itself 186 Heidi Hurd argues that hate crime represents an effort by the state to encourage a certain moral character in its citizen and thus represents the view that the instillation of virtue and the elimination of vice are legitimate state goals which she argues is a contradiction of the principles of liberalism Hurd also argues that increasing punishment for an offence because the perpetrator was motivated by hate compared to some other motivation means that the justice systems is treating the same crime differently even though treating like cases alike is a cornerstone of criminal justice 187 Some have argued hate crime laws bring the law into disrepute and further divide society as groups apply to have their critics silenced 188 American forensic psychologist Karen Franklin said that the term hate crime is somewhat misleading since it assumes there is a hateful motivation which is not present in many occasions 189 in her view laws to punish people who commit hate crimes may not be the best remedy for preventing them because the threat of future punishment does not usually deter such criminal acts 190 Some on the political left have been critical of hate crime laws for expanding the criminal justice system and dealing with violence against minority groups through punitive measures 8 Briana Alongi argues that hate crime legislation is inconsistent redundant and arbitrarily applied while also being partially motivated by political opportunism and media bias rather than purely by legal principle 191 See also editAnti racism Anti Romani sentiment Antisemitism Antisemitism in the United States Antisemitism in the United States in the 21st century Geography of antisemitism History of antisemitism History of antisemitism in the United States Bashing pejorative Communal violence David Ray Hate Crimes Prevention Act Disability hate crime Discrimination Discrimination based on skin color Discrimination in the United States Documenting Hate Emmett Till Antilynching Act Ethnic violence Ethnocentrism Fighting Discrimination Genocide Hate crime laws in the United States Hate group Hate speech Hate studies Lynching in the United States Mass racial violence in the United States Matthew Shepard and James Byrd Jr Hate Crimes Prevention Act Nativism politics Racial hoax Racism Racism against African Americans Racism against Asians Racism by country Racism in the United States Radical right Europe Radical right United States Religious fanaticism Religious intolerance Religious terrorism Religious violence Right wing terrorism Sectarian violence Supremacism Terrorism Terrorism in Europe Terrorism in the United States Domestic terrorism in the United States Thoughtcrime Violence against LGBT people White nationalism White supremacy XenophobiaReferences edit Hate crime Dictionary com Also called bias crime a b Skoczylis Joshua Andrews Sam January 2022 Strain theory resilience and far right extremism The impact of gender life experiences and the internet Critical Studies on Terrorism 15 1 Critical Approaches to Extreme Right Wing Terrorism and Counter Terrorism Taylor amp Francis 143 168 doi 10 1080 17539153 2022 2031137 ISSN 1753 9161 S2CID 246832210 Stotzer R June 2007 Comparison of Hate Crime Rates Across Protected and Unprotected Groups PDF Williams Institute Archived from the original PDF on 19 October 2013 Retrieved 17 March 2012 A hate crime or bias motivated crime occurs when the perpetrator of the crime intentionally selects the victim because of their membership in a certain group Methodology FBI a b c Streissguth Tom 2003 Hate Crimes Library in a Book p 3 ISBN 0 8160 4879 7 Home Office Hate crime Archived from the original on 26 November 2005 What We Investitgate Hate Crimes FBI a b Meyer Doug 2014 Resisting Hate Crime Discourse Queer and Intersectional Challenges to Neoliberal Hate Crime Laws Critical Criminology 22 113 125 doi 10 1007 s10612 013 9228 x S2CID 143546829 Hate Crimes FBI Retrieved 26 May 2015 Boeckmann Robert J Turpin Petrosino Carolyn 2002 Understanding the Harm of Hate Crime Journal of Social Issues 58 2 207 225 doi 10 1111 1540 4560 00257 Craig Kellina M Waldo Craig R 1996 So what s a hate crime anyway Young adults perceptions of hate crimes victims and perpetrators Law and Human Behavior 20 2 113 129 doi 10 1007 BF01499350 S2CID 144669214 Woolford Andrew Benvenuto Jeff Hinton Alexander Laban 2014 Colonial Genocide in Indigenous North America Durham NC Duke University Press ISBN 9780822376149 Retrieved 5 October 2020 Kiernan Ben 25 September 2007 BLOOD AND SOIL A World History of Genocide and Extermination from Sparta to Darfur PDF London UK Yale University Press Retrieved 5 October 2020 a b A Policymaker s Guide to Hate Crimes PDF Retrieved 14 November 2011 They beat cough and spit Racist incidents are on the rise during the epidemic gazetapl Retrieved 2021 09 28 Covid hate crimes against Asian Americans on rise BBC News 2021 05 21 Retrieved 2021 09 28 France s Asian community fights back against racist attacks during pandemic France 24 2021 04 04 Retrieved 2021 09 28 The Virus of Hate Brown Book of the Epidemic PDF NEVER AGAIN Association Iganski amp Lagou 2015 Iganski amp Lagou 2015 Herek Gregory M Gillis J Roy Cogan Jeanine C 1999 Psychological Sequelae of Hate Crime Victimization Among Lesbian Gay and Bisexual Adults Journal of Consulting and Clinical Psychology 67 6 945 51 doi 10 1037 0022 006X 67 6 945 PMID 10596515 Crown Policy Manual PDF 21 March 2005 Retrieved 21 June 2009 Cox William T L Abramson Lyn Y Devine Patricia G Hollon Steven D 2012 Stereotypes Prejudice and Depression The Integrated Perspective Perspectives on Psychological Science 7 5 427 49 doi 10 1177 1745691612455204 PMID 26168502 S2CID 1512121 Hate Crimes January 2012 Petach Luke Rumbaugh Dustin 2024 Hate Crime and Human Capital Review of Black Political Economy doi 10 1177 00346446241230696 Borell Klas 2015 When Is the Time to Hate A Research Review on the Impact of Dramatic Events on Islamophobia and Islamophobic Hate Crimes in Europe Islam and Christian Muslim Relations 26 4 409 21 doi 10 1080 09596410 2015 1067063 S2CID 146687317 Hate Crimes Explained Southern Poverty Law Center Levin Jack McDevitt Jack 2008 Hate Crimes Encyclopedia of Violence Peace amp Conflict PDF 2nd ed Amsterdam Elsevier pp 915 922 ISBN 9780123739858 a b Levin Jack McDevitt Jack May 25 2020 Hate Crimes in Transition In Sternberg Robert J ed Perspectives on Hate How it Originates Develops Manifests and Spreads American Psychological Association pp 179 201 ISBN 978 1433832819 Levin Jack Reichelmann Ashley 2015 From Thrill to Defensive Motivation The Role of Group Threat in the Changing Nature of Hate Motivated Assaults American Behavioral Scientist 59 12 1546 1561 doi 10 1177 0002764215588812 S2CID 147697229 Retrieved January 15 2023 Walters 2010 Walters 2010 Watson amp Rayner 1920 Staats amp Staats 1958 Staats amp Staats 1958 Bhatia 2017 McDevitt et al 2002 Diaz Faes amp Pereda 2022 Dunbar et al 2023 Harris amp Lang 2013 Douglas et al 2014 Hart et al 1992 Dunbar et al 2005 a b c d e f g h i j k l m n o p q r s t Michael McClintock 2005 Everyday Fears A Survey of Violent Hate Crimes in Europe and North America Human Rights First ISBN 0 9753150 2 1 OL 3467205M Wikidata Q104631957 Full list Treaty Office www coe int Treaty Office 33 StGB Besondere Erschwerungsgrunde StGB accessed 15 February 2015 Criminal Code of the Republic of Belarus 64 1 para 9 translated from the Russian Archived 2011 09 07 at the Wayback Machine 9 June 1999 Office of the High Representative Criminal Code of Bosnia and Herzegovina January 2003 ECRI Second Report on Bulgaria adopted on 18 June 1999 and made public on 21 March 2000 71 28 6 2006 Zakon o izmjenama i dopunama Kaznenog zakona Narodne novine nn hr 28 June 2006 Retrieved 14 November 2011 Centar za LGBT ravnopravnost Vlada prihvatila prijedloge Centra za LGBT ravnopravnost Ravnopravnost hr Archived from the original on 31 March 2012 Retrieved 14 November 2011 Zprava o nasili z nenavisti v Ceske republice za rok 2011 PDF Archived from the original PDF on 11 February 2014 Retrieved 11 November 2012 ECRI Second Report on Denmark adopted on 16 June 2000 and made public on 3 April 2001 para 9 Chahrokh Klug and Bilger Migrants Minorities and Legislation Criminal Code of Estonia of 6 June 2001 entered into force on 1 September 2002 with amendments and supplements and latest amendment by the Law of 8 December 2011 published in RT I 29 12 2011 1 and entered into force on 1 January 2012 excerpts Archived 27 August 2017 at the Wayback Machine accessed 27 August 2017 EUMC Racism and xenophobia in the E U p 51 Penal Code 39 1889 as of 1006 2004 6 5 1 4 ethnic hatred as an aggravating factor 11 8 ethnic agitation and 12 2 warmongering The points cited remain in force on the day of retrieval checked from the Finnish version Rikoslaki The Government proposal HE 55 2007 Archived 11 March 2011 at the Wayback Machine will move the 11 8 to 11 10 without changing the content if the proposal is passed by the Parliament of Finland Retrieved 23 November 2007 Loi n 2003 88 du 3 fevrier 2003 visant a aggraver les peines punissant les infractions a caractere raciste antisemite ou xenophobe Criminal Code Strafgesetzbuch StGB Iuscomp org Retrieved 14 November 2011 Marc Coester 2008 Das Konzept der Hate Crimes aus den USA unter besonderer Berucksichtigung des Rechtsextremismus in Deutschland Peter Lang Frankfurt Berlin Bern Bruxelles New York Oxford Wien EU Xenophobia Report Racism On the Rise in Germany Der Spiegel 28 August 2007 Retrieved 14 November 2011 2006 Hate Crime in the U S Fbi gov Retrieved 14 November 2011 Interview with Racism Expert Awareness of Ethnic Discrimination Is Low in Germany Der Spiegel 29 August 2007 Retrieved 14 November 2011 ECRI Second Report on Greece adopted on 1999 12 10 and made public on 2000 06 27 Sitaropoulos N Executive Summary on Race Equality Directive State of Play in Greece Archived 13 May 2005 at the Wayback Machine section 5 2003 10 12 Retrieved on 2007 08 02 Treaty Bodies Database Document Concluding Observations Comments Hungary unhchr ch United Nations Icelandic Penal Code in Icelandic Althingi is Retrieved 14 November 2011 Prohibition of Incitement to Hatred Act 1989 No 19 of 1989 Enacted on 29 November 1989 Act of the Oireachtas Retrieved from Irish Statute Book Taylor Seamus October 2011 Responding to Racist Incidents And Racist Crimes in Ireland MS Word Issues Papers Roscrea Equality Authority 5 2 14 5 2 21 ISBN 978 1 908275 29 5 Retrieved 7 November 2017 Clarification on the Prohibition against Incitement to Hatred Act 1989 Office for the Promotion of Migrant Integration Dublin Department of Justice and Equality 17 July 2013 Archived from the original on 8 November 2017 Retrieved 8 November 2017 Pollak Sorcha 2 December 2019 UN official urges Ireland to introduce hate crime legislation The Irish Times Criminal Justice Incitement to Violence or Hatred and Hate Offences Bill 2022 Houses of the Oireachtas Bill 105 of 2022 2022 11 01 Retrieved 2023 08 02 a b c Keena Colm 5 May 2023 Why are Elon Musk and Donald Trump jnr so concerned by Ireland s new hate crime legislation The Irish Times Retrieved 2023 08 02 Wilson James 16 June 2023 Hate Crime Bill should start the alarm bells ringing Newstalk Retrieved 2023 08 02 Kelleher Olivia 22 March 2023 Hate crime reports to gardai rose by 29 last year The Irish Times Retrieved 2023 08 02 Hate Crime and Hate Related Incidents 2022 PDF Garda Siochana Retrieved 2023 08 02 CERD Consideration of Reports Submitted by States Parties under Article 9 of the Convention Concluding Observations Kyrgyzstan 1999 Retrieved on 2 August 2007 Human Rights in the OSCE Region Europe Central Asia and North America Report 2004 Events of 2003 Archived 2011 07 26 at the Wayback Machine International Helsinki Federation 23 June 2004 Retrieved on 2007 08 02 The Constitution of the Republic of Poland The Criminal code Of The Russian Federation in English PDF Wipo int Retrieved 9 August 2017 Vsebina Uradnega lista Vsebina Uradnega lista Uradni list Retrieved 2023 03 14 Torrus Alejandro 22 May 2019 La Fiscalia del Estado considera delito la incitacion al odio hacia los nazis Publico in Spanish Retrieved 26 May 2019 Swedish Penal Code PDF Archived from the original PDF on 1 October 2012 Retrieved 21 January 2013 Constitution of Ukraine KONSTITUCIYa UKRAYiNI Verkhovna Rada of Ukraine official site government all laws in Ukraine 22 November 2018 Archived from the original on 22 November 2018 Retrieved 10 January 2020 CRIMINAL CODEX OF UKRAINE KRIMINALNIJ KODEKS UKRAYiNI Verkhovna Rada of Ukraine official site government all laws in Ukraine 22 November 2018 Archived from the original on 22 November 2018 Sentencing Act 2020 section 66 legislation gov uk Public Order Northern Ireland Order 1987 www legislation gov uk UK Legislation Arnett George 17 December 2013 Hate crime in England and Wales how prevalent is it The Guardian London Retrieved 29 June 2016 Cameron condemns xenophobic and racist abuse after Brexit vote The Guardian 27 June 2016 accessed 29 June 2016 Hate crime is unacceptable in any circumstances say police National Police Chief s Council 27 June 2016 Retrieved 13 October 2016 Manchester police to record attacks on goths emos and punks as hate crimes The Guardian London 3 April 2013 Launch of Stop the Hate initiative Stop the hate 4 December 2013 Archived from the original on 23 July 2014 Retrieved 12 July 2014 Hate crimes Fresh guidance on online offences BBC News 21 August 2017 Reforms to hate crime laws to make them fairer and to protect women for the first time www lawcom gov uk 23 September 2020 Scott Jennifer 23 September 2020 Misogyny Women should be protected under hate crime laws BBC News Retrieved 23 September 2020 Newman Melanie Watson Richard 27 March 2021 Hate crimes on police more likely to be charged BBC News Retrieved 12 December 2021 Offences Aggravation by Prejudice Scotland Act 2009 www legislation gov uk UK Legislation Working Group on Hate Crime Archived from the original on 7 January 2009 Offences Aggravation by Prejudice Scotland Bill Scottish parliament uk Archived from the original on 25 August 2011 Retrieved 21 January 2013 MSPs approve new hate crime laws BBC News 3 June 2009 Amery Rachel 13 March 2024 Hate crime law Glasgow LGBT sex shop designated official reporting centre for controversial new laws The Scotsman Retrieved 13 March 2024 Boothman John 28 March 2024 Hate crime law will hamper fight against violent offenders The Times Retrieved 28 March 2024 Bol David 25 March 2024 Murdo Fraser accuses police of unlawful behaviour after tweet recorded as hate incident The Scotsman Retrieved 25 March 2024 Dalgety Susan 18 November 2023 Scottish Government is fostering a cult of gender identity ideology that is destroying lives The Scotsman Archived from the original on 17 November 2023 Retrieved 25 March 2024 a b c O Grady William 2011 Crime In Canadian Context debates and controversies Oxford University Press p 161 ISBN 978 0 19 543378 4 O Grady William 2011 Crime In Canadian Context debates and controversies Oxford University Press p 163 ISBN 978 0 19 543378 4 a b c O Grady William 2011 Crime In Canadian Context debates and controversies Oxford University Press p 162 ISBN 978 0 19 543378 4 Jain S August 5 2022 Hate crimes surge in Canada during pandemic Reuters Retrieved 2 January 2023 Canada sees surge in hate crimes during pandemic new data shows Al Jazeera August 5 2022 Retrieved 2 January 2023 Brena Carmen Moran 14 August 2020 Las feministas saludan la rectificacion del fiscal Gertz sobre el tipo penal de feminicidio EL PAIS in Spanish Retrieved August 16 2020 Mota J I 13 August 2020 El asesinato de un joven homosexual en Jalisco enciende de nuevo las alarmas sobre los delitos de odio en Mexico EL PAIS in Spanish Retrieved August 16 2020 Hate Crime Statistics 2015 PDF ucr fbi gov Fall 2016 18 U S C S 245 b Public Law 117 39 approved August 31 2021 Streissguth 2003 p 20 Streissguth 2003 pp 20 21 Streissguth 2003 p 21 Michael Lieberman 81 Duke Law News Releases Retrieved 21 May 2020 Attorney General Loretta E Lynch Hosts the 63rd Annual Attorney General Awards Honoring Department Employees and Others For Their Service U S Department of Justice News Release Justice News 21 October 2015 Retrieved 21 May 2020 Shapiro Emily 30 December 2018 1 year after Blaze Bernstein s killing parents look to turn alleged hate crime into movement of hope ABC News Retrieved 21 May 2020 Bronski Michael Pellegrini Ann Amico Michael 2 October 2013 Hate Crime Laws Don t Prevent Violence Against LGBT People So why do many LGBT people and others feel so deeply about the need to have them The Nation Retrieved 21 May 2020 ADL Hate Crimes ADL org Retrieved November 2 2020 State Hate Crime Laws Archived 14 June 2007 at the Wayback Machine Anti Defamation League June 2006 Retrieved 4 May 2007 Oster Marcy June 2 2020 Georgia Passes Hate Crime Legislation The Forward Retrieved November 2 2020 Grace Hauck June 26 2020 Georgia governor signs hate crime law in wake of Ahmaud Arbery shooting USA Today Greg Bluestein Maya T Prabhu June 28 2020 Georgia governor signs hate crimes measure into law Ahmaud Arbery s death will not be in vain Atlanta Journal Constitution Statistics 2006 Hate Crime Statistics 2006 Federal Bureau of Investigation Archived 17 July 2015 at the Wayback Machine Statistics 2007 Hate Crime Statistics 2007 Federal Bureau of Investigation Archived 9 July 2014 at the Wayback Machine Statistics 2007 FBI Crime in the United States 2007 Federal Bureau of Investigation Archived 4 May 2015 at the Wayback Machine Attorney general urges new hate crimes law Crime amp courts NBC News 16 June 2009 Retrieved 14 November 2011 Rintels Jonathan Loge Peter 2009 Confronting the New Faces of Hate Hate Crimes in America PDF Leadership Conference on Civil Rights Education Fund pp 34 50 Retrieved 1 May 2020 FBI releases 2011 hate crime statistics Lakeconews com 11 December 2012 Archived from the original on 17 May 2013 Retrieved 21 January 2013 Hate Crime Statistics 2015 PDF ucr fbi gov 2017 Hate Crime Statistics Released Federal Bureau of Investigation Retrieved 2021 05 19 Incidents and Offenses FBI Retrieved 2021 04 30 Labuda P 2011 Racial Reconciliation in Mississippi An Evaluation of the Proposal to Establish a Mississippi Truth and Reconciliation Commission Harvard Blackletter Law Journal 271 1 48 Alston A A Dickerson J L 2009 Devil s Sanctuary An Eye Witness History of Mississippi Hate Crimes Chicago Illinois Lawrence Hill Books Latest Hate Crime Statistics Released Annual Report Sheds Light on Serious Issue FBI Retrieved 18 December 2016 Licthblau Eric 14 November 2016 U S Hate Crimes Surge 6 Fueled by Attacks on Muslims New York Times Archived from the original on 2016 11 15 Retrieved 18 December 2016 Mathias Christopher 13 November 2017 Hate Crimes Rose About 5 Percent In 2016 FBI Report Says The Huffington Post Retrieved 14 November 2017 2016 Hate Crime Statistics FBI Retrieved 14 November 2017 Civil rights advocates victims families urge support for new hate crime reporting bill Religion News Service 28 June 2019 Retrieved 29 June 2019 Zhang Yan Zhang Lening Benton Francis 2021 01 07 Hate Crimes against Asian Americans American Journal of Criminal Justice 47 3 441 461 doi 10 1007 s12103 020 09602 9 ISSN 1066 2316 PMC 7790522 PMID 33437139 Segregation in America Equal Justice Initiative 2018 Retrieved 26 May 2020 a b 10 Of The Worst Hate Crimes and Violence in Domestic American History americansperspective com 22 June 2015 Retrieved 2 December 2016 Hate Crime Statistics 2010 Federal Bureau of Investigation Retrieved 16 March 2012 Meyer Doug 2010 Evaluating the Severity of Hate motivated Violence Intersectional Differences among LGBT Hate Crime Victims Sociology 44 5 980 95 doi 10 1177 0038038510375737 S2CID 145147987 Shepard Mathew Byrd James Jr 2011 2014 Hate Crimes Law Human Rights Campaign FBI Hate Crimes 2008 Retrieved 17 May 2014 FBI Hate Crimes 2009 Retrieved 17 May 2014 FBI Hate Crimes 2010 Retrieved 17 May 2014 FBI Hate Crimes 2011 Retrieved 17 May 2014 FBI Hate Crimes 2012 Retrieved 17 May 2014 Violent hate crimes include homicide robbery aggravated assault simple assault and sexual assault rape a b In US 77 Identify as Christian Retrieved 17 May 2014 Adult LGBT Population in the United States Retrieved March 2019 a b c d e U S Census website Retrieved 17 May 2014 a b c Nones on the Rise Retrieved 17 May 2014 a b Reports and Curricula The Leadership Conference on Civil and Human Rights Archived from the original on 2 December 2016 Retrieved 2 December 2016 The Matthew Shepard And James Byrd Jr Hate Crimes Prevention Act Of 2009 CRT Department of Justice 6 August 2015 Retrieved 29 March 2017 Hate Crime Laws Department of Justice July 7 2016 Angelari Marguerite 1997 Hate Crime Statutes A Promising Tool for Fighting Violence Against Women In Karen J Maschke ed Pornography Sex Work and Hate Speech Taylor amp Francis ISBN 9780815325208 Gerstenfeld Phyllis B 2013 Hate Crimes Causes Controls and Controversies Sage ISBN 9781452256627 McPhail Beverly 2003 Gender Bias Hate Crimes A Review In Barbara Perry ed Hate and Bias Crime A Reader Psychology Press ISBN 9780415944076 Kuek Ser Kuang Keng Data Hate Crimes Against Muslims Increased after 9 11 Archived from the original on September 13 2016 Retrieved 16 March 2021 Glickhouse Rachel Nasa Rahima 15 May 2018 Police Are Mislabeling Anti LGBTQ and Other Crimes as Anti Heterosexual ProPublica Retrieved 21 May 2018 Buchanan Larry Bui Quoctrung Patel Jugal K 2020 07 03 Black Lives Matter May Be the Largest Movement in U S History The New York Times ISSN 0362 4331 Retrieved 2021 05 01 Paz Isabella Grullon Astor Maggie 2020 06 27 Black Trans Women Seek More Space in the Movement They Helped Start The New York Times ISSN 0362 4331 Retrieved 2021 05 01 L8072 www planalto gov br L2889 www planalto gov br Law 8072 1990 aforementioned link Article 1st I and single paragraph Racismo ou injuria racial Boletim Juridico Boletimjuridico com br Retrieved 21 January 2013 DEL2848compilado Planalto gov br Retrieved 21 January 2013 L7716 Planalto gov br Retrieved 21 January 2013 Constitui o Compilado Archived from the original on 2007 10 12 COD PENAL 12 NOV 1874 MINISTERIO DE JUSTICIA Ley Chile Biblioteca del Congreso Nacional www leychile cl 12 November 1874 LEY 20609 24 JUL 2012 MINISTERIO SECRETARIA GENERAL DE GOBIERNO Ley Chile Biblioteca del Congreso Nacional www leychile cl 24 July 2012 a b Duggan Marian Heap Vicky 2014 Prioritized Political Focus ASB and Hate Crime Administrating Victimization London Palgrave Macmillan UK pp 59 90 doi 10 1057 9781137409270 4 ISBN 978 1 349 48857 5 retrieved 2021 05 01 Wisconsin v Mitchell Enotes com Retrieved 12 October 2011 Sumner L W 2005 Hate crimes literature and speech in Frey R G Heath Wellman Christopher eds A companion to applied ethics Blackwell Companions to Philosophy Oxford UK Malden Massachusetts Blackwell Publishing pp 89 101 doi 10 1002 9780470996621 ch11 ISBN 9781405133456 Brax David Motives reasons and responsibility in hate bias crime legislation Criminal Justice Ethics 35 no 3 2016 230 248 Seidel Andrew 14 May 2019 The Founding Myth 2021 ed United States of America Sterling Publishing Co Inc p 338 ISBN 978 1 4549 4391 4 R A V v City of St Paul 505 U S 377 1992 Sources The Essayist 24 July 1998 Hate Crime Premise Archived from the original on 22 October 1999 Evenson Brad 8 February 2003 The Guilty Mind orwelltoday com National Post Schwartz Lara Ulit Ithti Toy Morgan Deborah 2006 Straight talk about hate crimes bills Anti gay anti transgender bias stall federal hate crimes legislation Georgetown Journal of Gender amp the Law 7 2 171 86 Kaminer Wendy 28 October 2007 The Return of the Thought Police The Wall Street Journal Editorial Page Archived from the original on 28 October 2007 Wolski Chris 1 April 1999 Hate Crime Laws Will Spawn Thought Police Capitalism Magazine Archived from the original on 18 April 2003 David Brax Christian Munthe The Philosophy of Hate Crime Anthology Archived 2016 05 10 at the Wayback Machine Introduction to the Philosophy of Hate Crime 2013 a b Jacobs James B amp Kimberly Potter 1998 Hate Crimes Criminal Law and Identity Politics New York Oxford University Press Iganski Paul and Spiridoula Lagou Hate crimes hurt some more than others Implications for the just sentencing of offenders Journal of interpersonal violence 30 10 2015 1696 1718 Mellgren Caroline Andersson Mika Ivert Anna Karin 2017 For Whom Does Hate Crime Hurt More A Comparison of Consequences of Victimization Across Motives and Crime Types Journal of Interpersonal Violence 36 3 4 doi 10 1177 0886260517746131 PMID 29295032 S2CID 41221014 Kahan Dan M Two liberal fallacies in the hate crimes debate Law and Philosophy 2001 175 193 pp 183 185 Hurd Heidi Why Liberals Should Hate Hate Crime Legislation 2001 Troy Daniel E 4 August 1999 AEI Short Publications Aei org Archived from the original on 10 June 2011 Retrieved 14 November 2011 Frontline PBS Interviews Accessed 26 July 2014 forensic psychologist Karen Franklin s dual interests in psychology and the law brought her to question the roots of anti gay hate crimes badly needed empirical data on the nature and extent of negative reactions to gays Quinn Dan 10 June 1997 the crime that s not necessarily a crime Here Media Retrieved 1 September 2015 in the real world criminals don t calculate their moves based on the specific punishment they will suffer if caught Alongi Briana The Negative Ramifications of Hate Crime Legislation It s Time to Reevaluate Whether Hate Crime Laws Are Beneficial to Society Pace L Rev 37 2016 326 External links editLibrary resources about Hate crime Resources in your library Resources in other libraries nbsp Media related to Hate crimes at Wikimedia Commons Hate crimes information by Gregory Herek Alexander Verkhovsky Criminal Law on Hate Crime Incitement to Hatred and Hate Speech in OSCE Participating States The Hague SOVA Center 2016 136 pages ISBN 978 5 98418 039 9 Hate Crime Statistics annual FBI U S Department of Justice report on the prevalence of hate crimes in the United States Required by the Hate Crime Statistics Act A Policymaker s Guide to Hate Crimes a publication by the National Criminal Justice Reference Service part of the U S Department of Justice Many parts of this article have been adapted from this document Peabody Michael Thought amp Crime Liberty Magazine March April 2008 review of recently proposed hate crime legislation and criminal intent issues Hate Crime Oxford Bibliographies Online Criminology Archived 2010 10 31 at the Wayback Machine OSCE Hate Crime Reporting website Retrieved from https en wikipedia org w index php title Hate crime amp oldid 1221836237 United Kingdom, wikipedia, wiki, book, books, library,

article

, read, download, free, free download, mp3, video, mp4, 3gp, jpg, jpeg, gif, png, picture, music, song, movie, book, game, games.