Crime

DISPARATE EFFECT OF HATE-CRIME LAWS

Those who would impose stiffer sentences on criminals if their offense can be tied to any particular bias often present the picture of some white skinhead or Klansman attacking a minority group member.

But recent evidence suggests that offending members of racial minorities are more likely to receive  stiffer sentences under hate crime statutes.

  • The annual Department of Justice Victimization Surveys report that in nine cases out of ten interracial violent crime is perpetrated by blacks on whites.

  • Figures for 1996 show that on a per capita basis, blacks are three times as likely as whites to commit crimes driven by racial prejudice.
Those who oppose establishing a special legal category for crimes committed with bias in mind argue that the Constitution bars punishment for ideas -- however hateful they may be.  They contend that tacking on extra prison time for bias is an affront to the First Amendment.

Source: Dan Seligman, "The Perfect Crime," Forbes, December 15, 1997. 

Are Hate Crimes Laws Needed? Are They Just?

Recent murders have led to renewed calls for federal hate crimes legislation and stronger state laws. Suspects in recent Wyoming and Texas cases could face the death penalty under state murder statutes, but President Clinton wants to extend the Hate Crimes Sentencing Enhancement Act of 1994 to cover crimes motivated by prejudice based on disability, sex and sexual orientation.

But Kelly Anders, of the National Conference of State Legislatures, points out, "The law historically has gone against punishing people for their thoughts, and that is what hate-crimes laws do....You have to make sure when you're drafting legislation that you're not punishing people for their thoughts. And that's a very difficult thing, because that's what it is."

The Federal Bureau of Investigation compiles data about crimes that "manifest prejudice based on race, religion, sexual orientation or ethnicity." It reported 4,558 hate crimes in 1991 and 7,587 in 1993, and in 1996 it logged 8,759 hate crimes. The FBI reported 15 bias-related murders nationwide in 1992, and 13 in 1994.

Today, 40 states -- not including Wyoming -- now have some form of hate crimes law (see figure).

  • Some states, including Texas, aren't explicit about which groups are covered by their hate-crimes statutes.

  • Of those that do specify, 20 states mention race, religion or ethnicity, 11 mention sexual orientation, 11 mention gender and 12 mention other categories, like mental or physical disability.

  • Some states have penalties that vary with the severity of the crime -- in Wisconsin, for instance, a fine might be added to the penalty for a misdemeanor, while five years could be added to a felony sentence.

Critics say hate-crimes laws encourage groups to vie for protected status by emphasizing the degree of their victimization. Interestingly, Bill Dobbs, spokesman for a homosexual rights advocacy group, opposes hate-crimes legislation encompassing sexual orientation because it encourages resentment.

Source: Daniel E. Troy, "Hate Crime Laws Make Some More Equal Than Others," Wall Street Journal, October 19, 1998; Rick Lyman, "Hate Laws Don't Matter, Except When They Do," New York Times, October 18, 1998; James Brooke, "Gay Man Dies from Attack, Fanning Outrage and Debate," New York Times, October 13, 1998.


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