The Hate/Bias Crime

Running head: HATE CRIME

The Hate/Bias Crime: What is the answer?

The Hate Crime is violence or harassment motivated by a bias against a victim's characteristics which include race, religion, ethnic background, national origin, gender, or sexual orientation, and represents a serious threat to all communities. Experts estimate that a bias-related crime is committed every 14 minutes. Criminal justice officials and state policy makers need to realize that it is key to make or adjust hate crime legislation. This has been a heated debate for the last century. I think more hate crime legislation is the key to solving the ever-growing problem of hate crimes.

The first legislative efforts to address bias-related crimes dated back to the late 19th century, which was a response to the expanding Ku Klux Klan and segregation in the south. Such laws included mandates against wearing masks and hoods. The next wave of legislation relating to hate crimes resulted from the movement for increased protection for civil rights in the face of widespread racial prejudice shown by segregated buildings and restricted access to public and private resources. The most recent legislation has been directed specifically to acts of hate against people of race, religion, gender, sexual orientation, etc.

The Local Law Enforcement Enhancement Act, S. 625, also known as the Hate Crime Prevention Act, if enacted would strengthen current law as it relates to hate crimes motivated by a victim's race, religion, gender, sexual orientation, disability, etc. Hate crimes are not only destructive to the victims themselves, but also damaging to the victim's families and friends. It also is very damaging to our American ideals. America stands and shines for diversity and equality. In a way, hate crimes are not only threatening to the individual being attacked but to America as a whole.

Last year, Congress had the chance to pass strong hate crimes legislation. On June 19, 2000, the Local Law Enforcement Enhancement Act of 2000 was approved by the senate as an amendment to the defense authorization bill. People who act on hate need to know their punishment will be severe and harsh. Hate crimes threaten the safety of many citizens and in a way disrupts the entire community. Hate crimes can and will not be tolerated.

Hate crimes are a harsh reality in the United States. The reason it is so hard to come to a conclusion of if there should be more hate crime laws is because there are so many pros and cons towards this issue. One argument is if hate crime laws are put into place, it darkens the lines between groups of people. How is this promoting tolerance? I don't believe it darkens lines. In fact I think it does the opposite. It shows people that we are equal by the very fact that the U.S government is not going to put up with crimes that are against someone because they are different.

Another argument is that the government should not punish people more harshly based on their feelings that motivated their crime, instead of the crime committed. I think the reason behind a crime is just as important as the crime committed. For example, let's say, a woman killed her husband by shooting him, lets say, in the heat of passion or out of anger. She would be guilty of Murder 2nd and would hopefully go to jail. Now if she planned and plotted to kill him it becomes Murder 1st and the penalty becomes a lot more hash, as it should. Hate crimes should be the same. If a man was assaulted just because he is black, this should be punished greater than if that same man was assaulted in a common disagreement. Of course the burden of proof becomes a little more difficult.

The United States needs to have hate-crime legislation. Crime is obviously bad enough, but when it is purely because one is different, it goes against everything America stands for. As our former President said, "These are not like other crimes, because these crimes target people simply because of who they are, and because they do, they strike at the heart of who we are as a nation." This is probably the only thing President Clinton ever said that I agree with!!

Another key argument against hate crime legislation is the fact that these crimes are already illegal. So making harsher laws wouldn't really change anything. If a person feels the need to ignore the law, how would making a harsher sentence make that much of a difference? I don't think people really ignore the law. But unfortunately people, which includes criminals, have this thought that nothing really bad is going to happen to them. They really think they will not get caught. Maybe if the laws were harsher, they will think twice before committing a hate crime.

One main group of people that hate crime is effecting more and more everyday are homosexuals. A good example is what happened to Matthew Shepard, a 21-year-old University of Wyoming Student. Shepard was an openly gay man beaten senseless on the Wyoming prairie and left alone in the frigid night tethered to a fence post. Shepard's death gave energy to gay and lesbian activists who say existing laws fail to protect them from random violence. Some say that making a new law to protect homosexuals would give homosexuals and others special rights. There are laws protecting woman from discrimination, do they have special rights? Most people would say no. I think the problem is that people need to be a little more tolerant of others differences, but if this were true, there would not be any Hate Crimes; wishful thinking.

Another argument for anti-hate crime legislation is that the reason why homosexuals want Congress to enact laws to protect them would make what they are doing seem right in the public's eye. Homosexuals