CRM/LAW C107 Lecture Notes - Lecture 1: Gender Identity, Sexual Orientation, First Amendment To The United States Constitution
8 May 2018
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What makes something a “hate crime”?
1. A criminal offense
2. Evidence that the perpetrator’s actions are motivated by prejudice or animus against the
group represented by the victim
Federal Legal Definition of Hate Crime:
● “A criminal offense committed against a person, property, or society that is motivated, in
whole or in part, by the offender’s bias against a race, religion, disability, secual
oritnetation, or ethnicity/national origin”
Issues with the Legal Definitions:
● Traditional definitions assume law violation has occurred
○ Where do we see violence targeted at racial or ethnic groups that is legal?
● Serious violations which are legal
● Oppressive nature and intent of bias-motivated attacks
Hate Crime Laws
● Why do some people use the 1st Amendment as their defense when charged with a
Hate Crime?
● Wisconsin vs. Mitchell
○ Ruled it is not a violation of free speech
● “Violence or other types of potentially expressive activities that produce special harms
distinct from their communicate impact...are entitled to no constitutional protection”
How Common are Hate Crimes?
● FBI: over 6,000 incidents in 2016
● NCVS: over 100,000/year (44% reported to police)
● 88% of law enforcement agencies reported no hate crimes in their jurisdiction Data
Concerns
Who is Most Affected?
● Bureau of Justice Stats
○ Hate in 2015 (%)
■ Gender identity bias 1.7
■ Disability bias 1.2
■ Gender bias 0.4
■ Race bias 59.2
■ Religious bias 19.7
■ Sexual orientation bias 17.7
○ African American
Is “Hate Crime” the Appropriate Term?
● Some argue we should use “Bias Crime” instead
Document Summary
What makes something a hate crime : a criminal offense, evidence that the perpetrator"s actions are motivated by prejudice or animus against the group represented by the victim. A criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender"s bias against a race, religion, disability, secual oritnetation, or ethnicity/national origin . Traditional definitions assume law violation has occurred. Oppressive nature and intent of bias-motivated attacks. Why do some people use the 1st amendment as their defense when charged with a. Ruled it is not a violation of free speech. Violence or other types of potentially expressive activities that produce special harms distinct from their communicate impactare entitled to no constitutional protection . Ncvs: over 100,000/year (44% reported to police) 88% of law enforcement agencies reported no hate crimes in their jurisdiction data. Some argue we should use bias crime instead.
