Hate_Crime_Essay

Stephanie Reno JUS-110 Crime and Criminology June 23, 2013 Richard Baranzini Hate Crimes Originally people used the term “hate crime” to explain a vicious action or crime that was committed against someone or their belongings because of real or perceived differences in race, color, origin, or religion. This expression grew as crimes inspired by bias and prejudice received nationwide attention sometime in the 1980’s. The U.S. Bureau of Justice Assistance defines viciousness against minorities as “xenophobic” or “right-wing” violence in Germany, where neo-Nazi activity was practiced (Ochi, n.d). Great Britain and France call it “racial violence”. “Hate crimes” are evident all over the world and throughout history. Nowadays, the phase “hate crime” is used to define vicious actions where the offenders may not only be driven by just variances in a person’s race, color, or religion, but also factors like sexual orientation, gender, or disability. For instance, in 1999 when 60 women were physically and sexually assaulted in Central Park people believed the attacks to be gender-based crimes. States like Oregon have even added legislation that bans discrimination for a numerous of characteristics from political association to marital status (Ochi, 2007). Since the passage of the Civil Rights Act of 1964 lawmakers and activists have worked to enact hate crime legislation. In fact, the United States Congress approved the first laws to ever outlaw violence trying to stop someone from partaking in any government activity because of race, religion, color, or national origin in 1968. Then in 1981, the Anti-Defamation League released their ideal set of laws against hate crimes, which included the prosecution of hate crimes based on an individual’s sexuality. Not long afterwards, the District of Columbia and forty states followed by adapting the same laws. Then in 1994 the biggest development to hate crime laws was made when the Hate Crimes Sentencing Enhancement Act was passed (Ochi, 2007). Through this act it was determined that offenders found guilty of committing hate crimes could be given larger penalties and extended prison term then those we are not driven by prejudice. Is harsher punishment really appropriate for hate crimes though' Some people believe that they should receive harsher punishment because a hate crime is not just aimed at one individual it is aimed to an entire demographic of people. For example, if a husband kills his wife because she wants a divorce it is considered a personal crime not a hate crime. On the other hand, if a Ku Klux Klan member kills a gay black man it is considered a hate crime. Truthfully, all crimes are hate crimes are they not. Killing someone of the same race or sexual orientation is no better than killing someone of a different race or sexual orientation. The main problem with hate crime legislation is that it can turn any case into a hate crime. Every time a minority is mugged, it could be called a hate crime. Every time a woman is raped it could be considered a hate crime. Every time a gay person is killed it could be called a hate crime. Where can the line be drawn' Who gets the right to say one crime is worse than another just because of the differences the offender and victims have' The questions that should be the most important should be, “Does it matter why someone was beaten' Or a woman was raped'” “Does a person’s sexual orientation really matter in a court case'” How can politicians strive for a colorblind nation that accepts gay as normal and all races equal but their legislation does just the opposite' In fact, it finds the differences and tries to punish the offender more because of them. It says “You are a gay black man so your offender should receive more time in jail.” Then it says, “He only killed her because she wanted to leave him so he does not need as much time in jail.” It is like a double standard of punishment and it is ludicrous. The crimes are still hideous no matter the reason for them so harsher punishment really is not fair in any sense because any crime can become a hate crime if you dig into a person’s background enough. References Gumani, Amber. (2007, September). “A Look at Hate Crimes: Past Present and Future” Retrieved June 23, 2013, from, http://voices.yahoo.com/a-look-hate-crimes-past-present-future-521009.html Ochi, Rose. (n.d.). “Hate Crime: The Violence of Intolerence” Retrieved June 23, 2013, from http://www.justice.gov/crs/pubs/htecrm.htm