HATE CRIMES. SUMMER, 2000. P CJCR 3956. INTRODUCTION. P A. Federal Legislation < April 25, 20000 - B Hate Crime legislation sought to B Expand current laws to include < < (a) sexual orientation P (b) Gender and disability P.
PA. Federal Legislation
<April 25, 20000 -
BHate Crime legislation soughtto
BExpand current laws to include
<(a) sexual orientation
P (b) Gender and disability
<victim's race, religion, color or national origin.
Band local governments.
B(a) argued for broader federal laws allowing federal government to assist state and local governments in their prosecutions.
PDifficulty in determining:
<(1) what is meant by prejudice
<(2) which prejudices qualify for inclusion under hate
<(3) which crimes of prejudice become hate crimes
<(4) link between the perpetrator's prejudice and the perpetrator's criminal conduct
Correlation to Prejudice
PCriminal conduct motivated by prejudice
<Concept held by all for against something
BIndividuals, groups, foods, countries
BRooted in experiences, fantasies, irrationality
BTraditional, learned behavior
Pfactually correct observations
<Anti-black vs pro-white
<Biases against rich, poor drunks, drug addicts
BAbove not necessarily transformed ordinary crime into hate crime
PRacial, religious and gender prejudices officially denounced in our laws
PHate crimes constitute "next generation" effort
PFederal and state legislatures choose which prejudices to officially condemn
<Some states sexual orientation included
POn average, blacks have worse jobs, income, and housing than white people? Yes? No?
PBlack respondent 44 percent attributed situation to discrimination
PWhite respondents 21 percent of white respondents chose discrimination as cause
Do All Men Hate Women?
PAdam Jukes: Author of Why Men Hate Women
<Yes, they do
<Men harbor unconscious prejudice against women
P"The hatred of women may be, in most cases, a deeply repressed fact of the male character. At one extreme is the rapist or the sexual murderer, at the other extreme is the apparently ordinary man who does not rape or murder, and feels mild and hidden...contempt for women, or expresses it only in the privacy of his own home....."
<55 percent of survey's respondents believe that Catholics
B"want to impose their own ideas of morality on the larger society."
<Concluded that this was proof of widespread anti- Catholic prejudice
Are Hate Crimes Serious?
PJanuary 1996 Hate Crimes Statistics revealed 7,400 hate crimes committed
<Number reported does not include those not reported
<Atty. Janet Reno: "hate crimes have long gone under reported"
<Higher incidence if crimes against sexual orientation included
PEquality declared in Constitution belonged to white men, not men of other races
PHate taught to next generation
<Each generation teaches the next who the enemy is
<Concept of savages regarding the Indians
<Systematic injustices toward African-Americans continued after slavery
P1913 Campaign by Georgians to convict Leo Frank for crime he didn't commit
PAttitudes regarding immigrants in 20th and 21st century similar to that expressed 150 years ago.
<Group hatred often originates from economic insecurity
<Cultural intolerance prevalent
Often Based on Racial Prejudice
PBlack prejudice and hatred of whites, especially Jews documented (remember film)
<Louis Farrakhann best known racist and anti-Semitic black leader
PJames Byrd and Matthew Shepard (1998)
P1999 Columbine High School Shootings
P1999 4th of July weekend racially motivated killings around Illinois and Indiana
P August 1999 LA daycare shooting spree by Buford Furrow.
PRacially motivated shooting spree by a black man in Wilkinsburg, PA.
<Left two dead and three wounded,
<Brought to light the fact that hate crimes do not discriminate.
Pthe trend is growing,
Pperpetrators are getting bolder.
PKu Klux Klan 1994 Announcement
<December 1994 Macedonia Baptist Church in Bloomington, S.C.
<Church burned six months later
<Arrest of one revealed he was card carrying member of KKK
505 U.S. 377
PJune 21, 1990 several teenagers made a crude cross by taping together broken chair legs. The cross was then placed inside the fenced yard of a black family and burned. The family lived across the street from one of the teenagers (who was the petitioner in the case). Petitioner was charged under the St. Paul Bias-Motivated Crime Ordinance
PWhoever places on public or private property a symbol, objects appellation, characterizations or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor.
PDefendant appealed his conviction arguing that the law violated his right to free speech. District court agreed with defendant struck down the law on two grounds:
<1 Ordinance was overboard and vague
<2. First Amendment prevented St. Paul from banning cross as a form of expression.
<State Supreme Court upheld law; Ruled:
BCross burning not a form of speech deserving First Amendment protection
BLaw was not overly broad
BApplies only to "fighting words"
B"Fighting words" words which would provoke a reasonable person to violence
June 22, 1992
PFirst rule on constitutionality of hate crime statutes
PReversed decision of Minnesota Supreme Court
PUnanimously agreed that law was too broad
PUnconstitutional prohibits permitted speech based on subjects of the speech
R.A.V. v St. Paul
PGeneral Rule: First Amendment prevents government from proscribing speech, expressive conduct
PCourt disagreed regarding why ordinance should be struck down
<Scalia: government cannot regulate fighting words on basis of viewpoint
POrdinance fatally overboard
<Criminalizes unprotected expression
<Criminalizes expression protected by the First Amendment
<Significant that statute regulates only fighting words
BDetermined in part by content
BDirected at individuals
Bso as to "by their utterance inflict injury"
<Action crude form of physical intimidation
<Message of racial hostility does not automatically endow it with complete constitutional protection
508 U.S. 476
PMitchell, a black youth was convicted of beating a white victim
PRacially motivated aggravated battery normally carried a two-year maximum sentence
PSentence increased because jury found that Mitchell intentionally selected victim because of race
<Sentence increased to seven years by Wisconsin Statute
PMitchell sentenced to four years' imprisonment
PState Supreme Court invalidated sentence- enhancement scheme
PStatute posed same overboard threat to speech as R.A.V.
PU.S. Supreme Court reversed
<Mitchell aimed at violent conduct unprotected by First Amendment
<Singles out conduct thought to inflict greater individual and societal harm
<Penallty enhancement approach did not violate the First Amendment
BPunished conduct, not speech
Hate Speech: Constitutional Violation?
PRacial inferiority planted as an idea that may have some validity
<Rejected but remains embedded in mind
PSpeech infringing on public order unprotected constitutional area
PBomb threats, incitements to riot,"fighting words", and obscene phone calls not protected by first amendment
BClose to category of racist speech
PExisting law insults which bring men to blows subject to first amendment exception
BRacist speech seen as part of ordinary jostling
BEffect of dehumanizing racist language often flight rather than fight
<Octobeer 1992 actions
<December 1992(Rabbi Shaya Apteer,Semitic slurs,Joseph Fredrick
<Crown Heights activities
<Vandalism in Boroooough Park of New York
<Fires in Hartford Connecticut
PRepublican: Rich Bond: "They are not America"
PDemocrat Jerry Brown statements, Vice- President Quayle
PPat Buchanan: religious war
PSince 1990, there have been several legislative moves addressing hate
PThe Hate Crimes Statistics Act of 1990
PViolence Against Women Act of 1994
PHate Crimes Sentencing Enhancement Act
PChurch Arsons Prevention Act of 1996
Hate Crimes Prevention Act of 1999
PWhoever, willfully causes bodily injury to any person or,
Pattempts to cause bodily injury to any person,
Pbecause of the actual or perceived race, color, religion, or national origin of any personB
PHate Crimes Prevention Act of 1999
PIn addition, 42 states have hate crimes laws in effect, 21 of which
Pinclude legislation against acts of violence based on sexual orientation.