Keith Mack
Hate crime laws were created to deter and punish bias-motivated violence. They are distinct from laws against hate speech, which criminalize a category of speech. The term hate crime came into common usage in the United States during the 1980s, but similar offences have been committed for centuries. Hate crime laws aim to address offences motivated by bias against characteristics like race, religion, disability, sexual orientation, ethnicity, gender, and gender identity. These laws enhance penalties for conduct that is already criminal under other laws, and they vary across different jurisdictions. The investigation and prosecution of hate crimes are priorities for the FBI and the Department of Justice, who work to improve reporting, enforcement, and prevention.
| Characteristics | Values |
|---|---|
| Purpose | To deter bias-motivated violence |
| Definition | Traditional offenses like murder, arson, or vandalism with an added element of bias |
| Bias motivations | Different jurisdictions define hate crimes to include different bias motivations |
| Penalty enhancements | Laws in some jurisdictions increase the sentence for crimes motivated by identified factors |
| Data collection | Some jurisdictions require collecting data on hate crimes |
| Reporting | Hate crimes can be reported to the FBI |
| Federal level | Include crimes committed on the basis of the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability |
| State level | Most state hate crime laws include crimes based on race, color, and religion; many also include sexual orientation, gender, and gender identity |
| Legislation | The first federal hate crime statutes were passed in 1968; the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was passed in 2009 |
| FBI investigations | The FBI investigates hundreds of hate crime cases every year and works to detect and prevent incidents through training, outreach, and partnerships |
| FBI priorities | Investigating hate crimes is the highest priority of the FBI's civil rights program |
| Law enforcement support | The FBI works closely with state, local, and tribal authorities on investigations and provides resources, forensic expertise, and experience |
| Public outreach | The FBI engages with organizations to help communities understand what constitutes a hate crime and to encourage reporting |
| Statistics | The FBI has gathered statistics on hate crimes reported to law enforcement since 1992; in 2002, they documented over 7,000 hate crime incidents |
| Recent data | In 2020, the killing of Ahmaud Arbery led to the adoption of a hate-crimes law in Georgia after 16 years of debate |
| International | France enacted penalty-enhancement hate crime laws in 2003; Germany does not have specific hate crime legislation, but criminalizes hate speech under various laws |
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What You'll Learn
To deter bias-motivated violence
Hate crime laws are created to deter bias-motivated violence. They are distinct from laws against hate speech, which criminalize a category of speech. Hate crime laws enhance the penalties associated with conduct that is already criminal under other laws. For example, in 2003, France enacted penalty-enhancement hate crime laws that raised the penalties for murder from 30 years for non-hate crimes to life imprisonment for hate crimes. The US Department of Justice enforces federal hate crime laws that cover crimes committed on the basis of race, colour, religion, national origin, sexual orientation, gender, gender identity, or disability.
Hate crime laws are necessary because hate crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harm on their victims, and incite community unrest. The FBI, which investigates hundreds of hate crime cases annually, defines a hate crime as a criminal offence against a person or property motivated in whole or in part by an offender's bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. The FBI's investigations were initially limited to crimes where the perpetrators acted based on a bias against the victim's race, colour, religion, or national origin. However, with the passage of the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, the FBI became authorized to investigate crimes committed against victims based on biases of sex, disability, or actual or perceived sexual orientation.
The COVID-19 Hate Crimes Act is another example of legislation aimed at deterring bias-motivated violence. This law directs the Department of Justice to improve the reporting of hate crimes, particularly in response to the rise in anti-Asian hate during the COVID-19 pandemic. The law provides grants, training, and other forms of assistance to state, local, and Tribal law enforcement agencies to help with hate crime reporting.
Hate crime laws also enable the collection of data on hate crimes, providing transparency into the types of crimes occurring. This data helps states allocate support and resources to communities in need. For example, the FBI's Hate Crime Statistics Act of 1990 documented over 7,000 hate crime incidents, with one-fifth of the victims being white people. However, these statistics have been disputed, with some arguing that they further penalize minorities. Nevertheless, hate crime laws are essential in deterring bias-motivated violence and ensuring that crimes motivated by bias are addressed and prosecuted accordingly.
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To address the under-prosecution of hate crimes
Hate crime laws were created to address the under-prosecution of hate crimes. The FBI defines a hate crime as a criminal offence against a person or property motivated in whole or in part by an offender's bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. The FBI investigates hundreds of these cases every year, working to detect and prevent incidents through law enforcement training, public outreach, and partnerships with community groups.
The first federal hate crime statutes were passed in 1968, prohibiting violent interference with housing rights and several enumerated rights, including voting and employment activities. However, the low rate of prosecutions continued to be an issue. For example, in Ireland, the Prohibition of Incitement to Hatred Act 1989 was intended to address incitement to hatred against a group based on race, colour, nationality, religion, ethnic or national origins, membership of the Traveller community, or sexual orientation. However, by 2011, only 18 prosecutions had been brought under this law, which was attributed to a misconception that the law addressed hate crimes more generally rather than incitement specifically.
In 2009, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was passed, expanding the federal definition of hate crimes, enhancing the legal toolkit available to prosecutors, and increasing the ability of federal law enforcement to support state and local partners. This law removed jurisdictional obstacles to prosecuting certain race- and religion-motivated violence and added new federal protections against crimes based on gender, disability, gender identity, or sexual orientation. The Act also authorised the FBI to investigate crimes committed against individuals based on biases of sex, disability, or actual or perceived sexual orientation.
Despite these efforts, hate crimes have continued to occur and, in some cases, increase. For example, in 2020, the killing of African-American jogger Ahmaud Arbery led to renewed efforts to adopt a hate crimes law in Georgia, which had previously lacked such legislation. Additionally, the COVID-19 pandemic saw a rise in anti-Asian hate crimes, prompting an amendment to the COVID-19 Hate Crimes Act to improve the reporting of hate crimes and provide assistance to law enforcement agencies in reporting, enforcing, and preventing such crimes.
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To improve reporting of hate crimes
Hate crime laws were created to deter bias-motivated violence. They are distinct from laws against hate speech, which criminalize a category of speech. Hate crime laws enhance the penalties associated with conduct that is already criminal under other laws. The FBI defines a hate crime as a criminal offence against a person or property motivated in whole or in part by an offender's bias against race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.
The FBI also engages in public outreach, working with various local and national organizations to help communities understand what constitutes a hate crime and to encourage reporting. The FBI takes a number of steps to combat hate crimes as part of its responsibility to uphold the civil rights of the American people. They work closely with their local, state, tribal, and federal law enforcement partners to detect and prevent incidents through law enforcement training, public outreach, and partnerships with community groups.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 expanded the federal definition of hate crimes, enhancing the legal toolkit available to prosecutors and increasing the ability of federal law enforcement to support state and local partners. This law added new federal protections against crimes based on gender, disability, gender identity, or sexual orientation.
The COVID-19 Hate Crimes Act was also amended to address the rise in anti-Asian hate during the COVID-19 pandemic. This statute directs the Department of Justice to speed up the review of hate crimes for bringing charges.
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To enhance penalties for hate crimes
Hate crime laws are intended to deter bias-motivated violence. They enhance the penalties associated with conduct that is already criminal under other laws. In the United States, the Department of Justice enforces federal hate crime laws that cover crimes committed on the basis of race, colour, religion, national origin, sexual orientation, gender, gender identity, or disability.
The first federal hate crime statutes were passed in 1968, prohibiting violent interference with housing rights and several enumerated rights, including voting and employment activities. In 2009, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act was signed into law, expanding the federal definition of hate crimes, enhancing the legal toolkit available to prosecutors, and increasing the ability of federal law enforcement to support state and local partners. This law added new federal protections against crimes based on gender, disability, gender identity, or sexual orientation.
Some jurisdictions have laws that increase the sentence for crimes motivated by identified factors. For example, in 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder in these cases were raised from 30 years to life imprisonment.
The FBI investigates hundreds of hate crime cases each year and works to detect and prevent incidents through law enforcement training, public outreach, and partnerships with community groups. The FBI's Civil Rights Program prioritises investigating hate crimes, and the Bureau works closely with state, local, and tribal authorities on investigations, even when federal charges are not brought. The COVID-19 Hate Crimes Act directs the Department of Justice to improve the reporting of hate crimes and hate incidents, particularly in light of the rise in anti-Asian hate during the COVID-19 pandemic.
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To protect marginalised groups
Hate crime laws were created to protect marginalised groups from bias-motivated violence. A hate crime is a traditional offence, such as murder, arson or vandalism, with an added element of bias. Hate crimes are often committed against people or groups with specific characteristics, such as race, colour, religion, national origin, sexual orientation, gender, gender identity or disability.
In the United States, the FBI has been gathering statistics on hate crimes reported to law enforcement since 1992, in accordance with the Hate Crime Statistics Act. According to these reports, of the over 113,000 hate crimes since 1991, 55% were motivated by racial bias, 17% by religious bias, 14% by sexual orientation bias, 14% by ethnicity bias, and 1% by disability bias. Hate crime laws aim to enhance the penalties associated with conduct that is already criminal under other laws. For example, in 2003, France enacted penalty-enhancement hate crime laws, raising the penalties for murder from 30 years to life imprisonment for hate crimes.
Hate crime laws also help to address the underreporting of hate crimes. For instance, the National Coalition for the Homeless (NCH) has brought attention to the problem of violence against the homeless, which often goes unreported. In addition, the COVID-19 Hate Crimes Act aims to improve hate crime reporting, particularly in response to the rise in anti-Asian hate during the COVID-19 pandemic.
The creation of hate crime laws has also expanded the federal definition of hate crimes and enhanced the legal toolkit available to prosecutors. For example, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 added new federal protections against crimes based on gender, disability, gender identity, or sexual orientation. This law also removed existing jurisdictional obstacles to prosecuting certain race- and religion-motivated violence.
Overall, hate crime laws play a crucial role in protecting marginalised groups by deterring bias-motivated violence, enhancing penalties for hate crimes, addressing underreporting, and expanding the legal definitions and protections against hate crimes.
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Frequently asked questions
Hate crime laws were created to deter bias-motivated violence. They enhance the penalties associated with conduct that is already criminal under other laws, while hate speech laws criminalize a category of speech.
A hate crime is a traditional offense like murder, arson, or vandalism with an added element of bias. It is a crime motivated by bias against race, color, religion, national origin, sexual orientation, gender, gender identity, or disability.
Hate crimes are distinct from hate speech. While hate crimes enhance the penalties associated with conduct that is already criminal, hate speech laws criminalize a category of speech. Hate speech is a factor for sentencing enhancement in the United States, distinct from laws that criminalize speech.
The FBI and local law enforcement agencies investigate hate crimes. The FBI takes the lead in investigations for criminal violations of federal civil rights statutes and works with its local, state, tribal, and federal partners. The FBI also engages in public outreach and provides training to law enforcement to detect and prevent hate crimes.
The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 expanded the federal definition of hate crimes and enhanced the legal toolkit available to prosecutors. It also increased the ability of federal law enforcement to support state and local partners. Additionally, the Prohibition of Incitement to Hatred Act 1989 created the offense of inciting hatred against a group based on race, color, nationality, religion, ethnic or national origins, membership in the Traveller community, or sexual orientation.
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