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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.

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.

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

Baron, M. (2016). Hate Crime Legislation Reconsidered. Metaphilosophy, 47(4-5), pp.504-523

Newton, M. (2014). Hate crime in America. Jefferson, NC: McFarland.

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.

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.

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

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.

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.

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.

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

Federal Bureau of Investigation. (2018). Hate Crimes. [online] Available at: https://www.fbi.gov/investigate/civil-rights/hate-crimes [Accessed

17 May 2018].

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.

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.

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.

Such Christians make an argument that chosen personal behaviors should have

Mathis, S. (2018). Motive, Action, and Confusions in the Debate over Hate Crime Legislation. Criminal Justice Ethics, 37(1), pp.1-20.

Newton, M. (2014). Hate crime in America. Jefferson, NC: McFarland.

Mathis, S. (2018). Motive, Action, and Confusions in the Debate over Hate Crime Legislation. Criminal Justice Ethics, 37(1), pp.1-20.

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.

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.

Sandholtz, N., Langton, L. and Planty, M. (n.d.). Hate crime victimization, 2003-2011.

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.

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.

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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