Hate crime

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HATE CRIME
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Hate Crime
Introduction
Hate crime is the criminalities which are motivated by the prejudice, they are also called
bias-motivated crimes; such crimes compromise the individual's security and the security of the
community as a whole.
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Appropriate responses and measures are required for the prevention of
the severe challenges of security. Extreme scenarios of a hate crime could result in the conflicts
across and within the borders. Hate crime is always targeted to a particular group of persons in
the society. For a crime to be considered a hate crime, there are two categories which should be
met for an offense to qualify as a hate crime. First, the crime or act should constitute an offense
in the criminal law; next, the action should have the bias as the motivation.
The motivation of biasedness is categorized as the preconceived opinions and negative,
thoughts of assumptions, stereotypical ideas, hatred and intolerance directed to some specific
group of persons who are sharing some common traits. For instance, ethnicity, race, religion,
language, sexual orientation, nationality and gender among other characteristics. The persons
having a disability are also among the hate crime victims.
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The hate crime incidents comprises of
the property damage, murder, assaults among other criminalities related to the motivation of
biasedness. A good example of such a case is the Jews massacre or slaughter in Germany during
Hitler’s reign or Nazi regime and the African American descent persons lynching in America
during the 1920s. Given that Hate crime is a significant social concern it has attracted scholarly
attention and research. One such work is one done by Walter, wiedlitzka, Bemba, and Goodall.
The authors claim that “Beyond the direct and indirect harms of hate crime are the social harms
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Baron, M. (2016). Hate Crime Legislation Reconsidered. Metaphilosophy, 47(4-5), pp.504-523
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Newton, M. (2014). Hate crime in America. Jefferson, NC: McFarland.
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caused by public expressions of prejudice. A demonstration of identity-based hostility not only
attacks groups of people, but it undermines society’s political commitments to equality, respect,
and dignity.’ This paper seeks to examine the claim as well as establish whether a hate crime has
any impact on social equity. Some legislations are made concerning hate crime and the paper
tackle the manner in which argument for and against are made.
The argument in support of hate crime laws is that, they are necessary since such kind of
legislations are aiming at the protection of a group that is marginalized, as well as making the
general public aware of the vulnerable group. Identifying the group under constant victimization
is crucial for ensuring that such injustices are met with the right force for prosecutions.
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There
are incidents whereby the victims are attacked by some strangers due to their gender, gender
identity, and sexual orientation. Such crimes are heinous, and the law should be formulated for
the covering of such victims. That makes the laws to be fair enough.
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The hate crime is more of a personal issue, the hate crime is more than a crime. They are
serious since the act of crime is motivated through the biasness. The hate crime has a
psychological and emotional effect on the victims, because a hate crime is intentionally meant
for the victims of a particular person. As a result of their immutable personal traits, there should
be a clear message that such kind of crime matter to the society. The hate crime is more than just
a crime since it is referred to as the message crime, implying that it’s a crime which is targeted at
a specified group of persons in the community. For instance, the homosexual is such kind of
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Federal Bureau of Investigation. (2018). Hate Crimes. [online] Available at: https://www.fbi.gov/investigate/civil-rights/hate-crimes [Accessed
17 May 2018].
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Hate crimes: v.1: Understanding and defining hate crime; v.2: The consequences of hate crime; v.3: The victims of hate crime; v.4: Hate crime
offenders; v.5: Responding to hate crime. (2009). Choice Reviews Online, 46(12), pp.46-7106-46-7106.
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persons that are a target of the hate crime, and they need protection by the law. The importance
of the hate crime laws is that when it protects the gay, the protection to other marginal groups
like lesbians, heterosexual and other persons that are having different sexual orientations.
In the work of criminal law handbook by Bergman (2017:114), the hate crime legislation
does not inhibit the freedom of expression by the society. For instance, the hate crime does not
consider speech as part of the offense, hatred preaching towards a given group of the Jews,
women, African-American, the Roma, lesbians and gay. Such kinds of speeches are not actual
acts of crime, but if they incited actions of crime, then the hate crime law will come into play.
The American citizens have the freedom of thinking whatever, they want, but should an
individual commit any crime by intended targets and beliefs for vandalism or violence, then the
hate crime will be applicable. That is the reason behind the Supreme Court upheld the hate crime
legislation unanimously since the first amendments from 1993.
The hate crime cannot in an actual sense be outlawed. However, the hate crime laws are
crucial for the shaping of attitude, while the attitude is responsible for shaping up the behavior.
Having the hate crime laws could work as the deterrent for the limitation of the potential
incidents of hate crime from exploding into violence and cycle of widespread disturbance of the
community.
The hate crime law promote equity in the society since every person in the community
has the right and the freedom of expression in the best way that the person prefers. Anyone
curtailing such freedom should face the long arms of laws, in that manner, the hate crime laws
equalize every person in the community since no one’s right is higher than the rights of other
individuals. The next points we shall be considering the issues that are against the hate crime
laws.
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On the other hand, hate crime legislation are not necessary since the crime being
considered are already captured under the local and the state laws as illegal, therefore
formulating the legislation for the same laws would mean that they are overemphasizing the
crime.
In the work of Hate Crimes by Federal Bureau of Investigation (2018:114), the
legislation against hate crime is very unfair; the justice system in America is anchored on the
system or principle that every person ought to have identical treatment. While the passing of the
hate crime would imply that the culprits for the two different crimes would diverse sentences,
contingent on the victim’s characters or traits. For instance, the status of disability, gender, and
sexual orientation.
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Through the granting of the victims for the political crimes which are
incorrect, the hate crime laws deny the equity of person’s protection which is stipulated under the
law.
The hate crime legislation is used as the political cars for the homosexual activist, if the
hate centered crimes targeted against the lesbians and gays are openly recognized under the bill,
then the homosexuals will have a more significant moral argument that they need equal treatment
in the community. That will imply that the homosexuals’ claims are natural and normal.
According to Criminal Justice Ethics, by Mathis (2018), the hate crime laws will be
infringing on the individual's freedom of speech. The government should not have any business
in formulating a particular criminality class for victims and the politicizing of the crime, should
the government or federal protect the individual civil rights, the logical or rational conclusions is
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Federal Bureau of Investigation. (2018). Hate Crimes. [online] Available at: https://www.fbi.gov/investigate/civil-rights/hate-crimes [Accessed
17 May 2018].
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that the religious, moral, and personal beliefs concerning some specific behaviors will be termed
as a crime. The freedoms of speech and conscience will be curtailed. For instance, the rationale
applied in the concept is that, if the bashing of the gay is considered a hate crime, there the
pastors on the church on Sunday delivering the sermon concerning the condemnation of the
behavior of homosexuality by the Bible will imply committing the hate crime. Hence
criminalizing the thoughts, speech, and beliefs.
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According to Hate crime in America, by Newton, (2014:108), such kinds of laws should
be applied only to the persons whose traits are beyond the control of an individual such as race,
gender, color, national origin, and disability. The hate crime laws which are supporting the
protection of lesbians and gays will doubtless result in great acceptance of the behavior of
homosexuality in America as a natural, and normal sexual variant and some of the goals of most
religion is to reduce this kind of development in the society.
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Some of the conservative Christians have been having been claiming that sexual
orientations involve pedophilia, homosexuality, masochism, sadism necrophilia and bestiality are
among sexual feelings and activities, such Christians worry that the hate crime laws would result
in the protection of a broad range of the sexual acts. Together with some of the sexual acts which
are criminal acts.
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Such Christians make an argument that chosen personal behaviors should have
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Mathis, S. (2018). Motive, Action, and Confusions in the Debate over Hate Crime Legislation. Criminal Justice Ethics, 37(1), pp.1-20.
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Newton, M. (2014). Hate crime in America. Jefferson, NC: McFarland.
8
Mathis, S. (2018). Motive, Action, and Confusions in the Debate over Hate Crime Legislation. Criminal Justice Ethics, 37(1), pp.1-20.
7
the protection under the laws as civil rights matters since they result in the overlooking of the
religious behaviors.
According to Criminal Justice Ethics, by Mathis (2018:37), the hate crime laws would
increase the participation of the federal government in the law enforcement. Most of the
individuals have the belief that the sexual orientations are the decision of individuals, and God
has a strong hatred for the behavior of homosexuality, should the gay and lesbianism concept be
widely accepted in the society. For instance, if the lesbians and gays get to have their rights
included in the federal laws, that would imply that most of the youths would decide to have
followed the path for that evil sexual orientations.
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The idea of hate crime laws is existing for imposing the penalties on the white persons.
There are several instances where the persons have been using the hate crime speeches, and
nothing was done to them. While if the persons using the hate crime speeches, face the harsh
charges under the law, such kinds of hate crime laws are not promoting the idea of equal
treatment, and opportunity to all the members of the society. Example of biasedness was the case
of the guy who was locked up in prison for due to placing bacon in the mosque, and later got
killed. While the government equally covered some of the Pakistanis who mass raped some of
the children of English origin, those are the incidents of hate crime. However, they are treated
differently, and therefore the hate crime law is wholly biased and should be abolished.
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Sandholtz, N., Langton, L. and Planty, M. (n.d.). Hate crime victimization, 2003-2011.
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Brax, D. and Munthe, C. (2014). The Philosophical Aspects of Hate Crime and Hate Crime Legislation. Journal of Interpersonal Violence,
30(10), pp.1687-1695.
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Conclusions
I would conclude the document by arguing that the hate crime, is the bias geared
criminalities towards a given group of person in the society, either on the gender, gender identity,
religions, ethnic group or race. Such kind of crime should not be treated lightly as other crime
since the perpetrator is sending the message of hate to intimidate the targeted person group.
There is legislation which has been enacted for the promotion of the social equity by fighting for
the rights and freedom of every person in the society. However, there have been arguments
against such kind of laws while some of the argument is supporting the bills.
The argument against hate crime laws implied that such laws were not important since
every crime have already been covered under the constitution as illegal. Hence classifying them
under hate crime would be a waste of time. Such laws are unfair since it could result in an unfair
trial for the perpetrators. The hate crime laws would result in the infringement of the freedom of
speech. The regulations would apply to personal traits which are not under the personal control.
Finally, they would results in the promotions of immorality should they get popular support by
inclusion in the federal laws. The argument for the laws meant that it would enlighten the society
concerning the marginalized group. It promotes equity through prevention of acts like gay
bashings. And finally, the law only considers hate crime act, not speeches hence, the bill does not
curtail freedom of statements.
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Bibliography
Baron, M. (2016). Hate Crime Legislation Reconsidered. Met philosophy, 47(4-5), pp.504-523
[Accessed 17 May 2018].
Bergman, P. and Berman-Barrett, S. (n.d.). The criminal law handbook [Accessed 17 May 2018].
Brax, D. and Munthe, C. (2014). The Philosophical Aspects of Hate Crime and Hate Crime
Legislation. Journal of Interpersonal Violence, 30(10), pp.1687-1695 [Accessed 17 May
2018].
Federal Bureau of Investigation. (2018). Hate Crimes. [Online] Available at:
https://www.fbi.gov/investigate/civil-rights/hate-crimes [Accessed 17 May 2018].
Hate crimes: v.1: Understanding and defining hate crime; v.2: The consequences of hate crime;
v.3: The victims of hate crime; v.4: Hate crime offenders; v.5: Responding to hate crime.
(2009). Choice Reviews Online, 46(12), pp.46-7106-46-7106 [Accessed 17 May 2018].
Mathis, S. (2018). Motive, Action, and Confusions in the Debate over Hate Crime Legislation.
Criminal Justice Ethics, 37(1), pp.1-20 [Accessed 17 May 2018].
Newton, M. (2014). Hate crime in America. Jefferson, NC: McFarland [Accessed 17 May 2018].
Sandholtz, N., Langton, L. and Planty, M. (n.d.). Hate crime victimization, 2003-2011 [Accessed
17 May 2018].

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