HATE CRIMES AND HATE LEGISLATION This research

This research paper discusses the nature and incidence of hate crimes in the United States and laws which have been enacted or proposed to deal with them. Although the evidence is not conclusive that the number of hate crimes has actually increased in recent decades, their frequency suggests that racial, ethnic and other minorities have been threatened by them. The response has been a rash of legislation at state and federal levels, much of which is of questionable effectiveness. This legislation should be understood as being an outlet for society's frustration with hate crimes and as an exercise in political symbolism rather than as a serious attempt to deal with the underlying problems involved.

During the past two decades, the media have reported many crimes against racial, ethnic and other minorities which appear to have been motivated by deep emotional antagonisms and prejudice. Davis (1995) defines hate crimes "as crimes that manifest prejudice based on certain group characteristics" (p. 386). A hate crime is closely allied to and often an overt expression in conduct of hate speech, which Walker (1994) says includes "any form of expression deemed offensive to any racial, religious, ethnic or national group" (p. 8). Examples of hate crimes include the bombing of black churches, the killing of a white federal judge hearing civil rights cases by a pipe bomb sent through the mail, cross-burnings, and various f

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ime Control and Law Enforcement Act passed, under which the punishment for violation of an already existing federal crime could be enhanced if it could be shown that the crime was committed out of motives of hate or prejudice. On November 13, 1997, the Hate Crimes Prevention Act of 1997 (H.R. 3081) was introduced, with primarily liberal sponsors such as Rep. Charles Schumer (D-NY) and Rep. John Conyers (D-Mich) and a smattering of law and order conservatives such as William McCollum (R-Fla). It was introduced at the same time in the Senate (S. 1529) by liberals Sen. Ted Kennedy (D-Mass), Sen. Diane Feinstein (D-Calif) and Sen. Robert Torricelli (D-NJ) and moderate Sen. Arlen Specter (R-Pa). The bills were referred to the Judiciary committee in each body, from which they failed to emerge prior to the recent adjournment of the current session of Congress. The Republican Policy Conference Report condemned the Hate Crimes Prevention Act (the Bill) calling it part of Pres. Bill Clinton's "big government agenda" and criticized it because it "criminalize(s) motive rather than punish violent crime" ("House", 1998, October 20, p. 2). Contents of the Bill The Bill provides for enhanced criminal sentences of up to 10 years for anyone w

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