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Arguments Against Hate Crime Laws

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Hate crime What distinguishes a hate crime from other crimes is an underlying motivation based on the victim’s group membership. There has been much debate over the constitutionality of hate crime laws and which groups (if any) should be protected by such legislation. Those against hate crime laws argue that it is a violation of First Amendment protections of free, association, and freedom of thought. The Supreme Court confirmed that freedom of thought is implied by the First Amendment in R.A.V. v. St. Paul which those against hate crime laws argue makes such laws unconstitutional. The argument for hate crime laws is supported by the Supreme Court’s ruling in Wisconsin v. Mitchell (1993) that hate crime laws punish conduct rather than thought. …show more content…

According to Gerstenfeld, hate crimes “may or may not include sexual orientation, gender, national origin, physical or mental disability, age, or political affiliation.” Some argue that every group should be protected by hate crime legislation, but this runs the risk of watering down the significance of such protections. The groups that are most frequently targeted by hate crimes including African Americans, gays and lesbians, Jews, and Muslims should be prioritized over other groups. Historically, the most targeted groups in the United States are African Americans, LGBT community, Jews, and Muslims. These groups are undoubtedly in the most need for protections provided by hate crime laws. A suiting definition for hate crimes is an adaptation from Gerstenfeld chapter 1: The Whys and Hows of Hate Crime Laws: crimes that are committed based on the race, religion, ethnicity, and sexual orientation of the victim. Another definition of hate crimes that was considered was the Massachusetts legal definition of hate crimes that was discussed in Englander’s article Is Bullying a Junior Hate Crime? Which included disability, color, and national origin on top of the protected groups that have been

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Hate Crime: The Case Of Colin Ferguson

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A hate crime is a violent act against people, property, or organizations because of the group to which they belong or identify with. Hate crimes are committed against many different groups of people. Many hate crimes are based on racial or religious bias. Racial bias is the largest cause of hate crimes. Hate crimes are a specific type of crime committed against individuals or groups because of their race, religion, sexual orientation, gender, age, or

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Analysis Of Should Hate Be A Crime By James B. Jacobs

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In this article, Jacobs successfully makes his argument by remaining objective, appealing more toward the ethos and logos of the reader, and limiting emotional language. Jacobs aims his article toward lawmakers and voters. Motives are subjective and based on many factors; therefore, Jacobs argues that basing hate crime off of motive does not only create hardships but also flaws. He continues his argument by looking at rights given to the people from the First Amendment. According to the First Amendment, people possess many freedoms including the freedom of speech; however, Jacobs argues how hate crimes

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Comparison Of The Mathew Sheppard And James Byrd Act

576 Words | 3 Pages

This act was established by the federal law within the US and passed in October 2009 by the Congress (Altschiller, 2015). It protects individuals from hate crimes that may be directed to them by other individuals. As a result of their differences in gender, ethnicity, and origin. This act gives the justice system of the US the authority to punish those who engage in hate crimes that are motivated by their victim’s race, religion and ethnicity among others. Moreover, for a victim the hate crime to be protected by this act, he or she does not

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Hate Crimes Between Matthew Shepard And James Byrd Jr.

970 Words | 4 Pages

According to Merriam-Webster Dictionary, a hate crime is a crime motivated by hostility towards a group of people. This is the kind of crime involved in the situation of Matthew Shepard and James Byrd Jr. Before we look into what the crime was and how crimes like it are prevented, let’s look at who these two men were.

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Matthew Shepard's Account For A Hate Crime

1299 Words | 6 Pages

According to the Federal Bureau of Investigation, in 1998 there were over 7,755 hate crime incidents reported in America, which stemmed from people’s biased views towards people of different races (46.9%), sexual orientations (20.8%), religions (19.8%), ethnicity and (11.6%), and people with disabilities (0.9%). All 7,755 of the crimes were more than just violence; they were violence driven by hatred. They were hate crimes. The FBI defines a hate crime as a “a traditional offense like murder, arson, or vandalism with an added element of bias.” This is certainly the case of the murder of Matthew Shepard in Laramie Wyoming.

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James Byrd's Racial Controversy

586 Words | 3 Pages

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Malcolm Gladwell's Definition Of Racism

861 Words | 4 Pages

Defining a Racist On the FBI website the statistics for hate crimes committed in 2015, 59.2% of hate crimes were against African-Americans. A hate crime is defined as a crime committed against a certain group of person(s) which is why we need to define what a racist or racist comment is. Defining what a racist is could help decrease the amount of hate crimes committed against either Anglo or African-American people. Defining what a racist is could also help alleviate some tensions between Anglos and African-American, Jewish people and Christians, and Pakistanis and Indians. Malcolm Gladwell’s definition of racism helps clear out the misunderstanding and tension that some comments like Michael Irvin’s about Tony Romo’s athletic ability create.

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Racist Speech As The Functional Equivalent Of Fighting Words

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Historical Context Of Hate Crime Legislation

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The question at hand is whether criminal law is an appropriate response to combat various forms of discrimination, particularly in the context of hate crime legislation. This debate revolves around the effectiveness of criminal law in addressing societal biases. Proponents argue that criminalizing hate-motivated behaviour is necessary to deter such offenses and protect vulnerable communities. Conversely, critics contend that relying solely on criminal law may not effectively address underlying societal issues and could potentially infringe upon freedom of expression. In this essay, I will explore both perspectives and argue for a balanced approach to addressing hate crimes.

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Brief History Of Hate Crimes Prevention Act Of 2009

1098 Words | 5 Pages

Today, hate crimes are defined in the United States by the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009 as “crimes that are committed due to the actual or perceived race, color, religion, or national origin of any person” (US DoJ, 2023). While this most recent hate crime legislation was passed within the past two decades, hate crimes have been committed throughout the course of human history and there has been anti-hate crime legislation in the United States since the 1960’s. Early hate crime legislation only applied to victims who were participating in a limited number of federally protected activities, including attending school or voting. It was not until 2009 that legislation expanded hate crimes to include any victim of crimes committed due to the victim’s real or perceived membership of certain groups. There are numerous relevant factors

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Punishments For Hate Crimes

150 Words | 1 Pages

There’s going to be different charges for every case. The charges are going to be different. Punishments for hate crimes are going to depend on the case and how bad the crime is. There is going to be different charges for every case, but it’s going to depend on what the person did and what evidence they find. Steven Sandstorm and Gary Eye, of Kansas City, Missouri were sentenced multiple life sentences because of the “racially- motivated murder of William L. McCay.”

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Hate Crimes In America

946 Words | 4 Pages

The offenses caused by these types of crimes can range from simple to aggravated assault, rape, and murder. However, it wasn't until late 1990’s early 2000’s that the federal government began to collect data on the quantity and kind of hate crimes being committed, and by whom. The offenders of these crimes are usually motivated to do them because of personal prejudice that is generated by the thought of people and things being a threat because they’re different. On the other hand, the victims are reluctant to report these crimes because of the fear of retaliation and because of the

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Cause Of Hate Crimes

921 Words | 4 Pages

“Weather the crime in question is assault, theft, verbal abuse or even murder.” (crime museum) Hate crimes have not been a recent thing they date back to ancient civilization. An early example of a hate crime is like, Rosa Parks on the bus and she sat down when she was not aloud to . According to the Crime Museum “ The Romane Empire was part of a hate crime, which was well known for persecuting various religious groups.

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Causes Of Hate Crimes

955 Words | 4 Pages

When thinking about hate crime the first aspect that would come to mind is violence against an individual or group based on the color of their skin. The most common crimes being between blacks and whites. However, there are many other factors that can subject one to becoming a victim of a hate crime. Most of the prosecutors committing hate crimes feel they are just doing God 's work by mocking the victim for who they are and justify their actions by saying what the victims are doing is wrong according to their God. Hate crimes have occurred dating back to the Nazis and Jews, blacks and whites, Muslims, and still happen to this day to many more.

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