Hate Crime Laws

Hate Crime Laws

Hate crime laws have been created to curb the occurrence of hate crimes against marginalized communities and special groups. Hate crimes are becoming a significant problem and issues continue to arise regarding the application of these laws. Current laws permit for the prosecution of hate crime based on the individual characteristics of an individual. Though hate crime laws have an essential role to play, there are complexities concerning these laws that have to be addressed.

There are negative attitudes towards hate crime laws from large sections of the society, and this is an issue that needs to be addressed. One major issue in question is the fact that there are questions as to whether hate crimes can be distinguished from other crimes. Some sectors have called for the prosecution of hate crimes at community or state level. Furthermore, there is a common belief that the media exaggerates the occurrence of hate crimes (Lieberman). It is also important to consider that the USA has experienced a significant social change in the last few decades. There are many factors affecting hate crime, and it is essential to consider the impact and constitutionality of hate crime laws. One important factor to consider is that criminal activities that are motivated by bias are unique from other criminal activities.

Hate crimes occur because the perpetrator has a bias or a specific agenda towards the victim based on various factors that include race, religion, gender, sexual orientation, or disability. These factors, therefore, form the basis for the occurrence of the hate crime. It is also important to consider that hate crime is done intentionally, and it targets explicitly certain individuals because of personal characteristics (Lieberman). Such crimes are therefore personal crimes and may have a substantial psychological impact on the victim. Hate crimes may also concern the physical hurting of an individual, and they originate from physical resentment of an individual. The victim of hate crimes will often feel vulnerable as well as unsafe when the crime occurs.

Therefore, when hate crimes occur they have a significant negative impact on the victim and their entire wellbeing. Hate crime laws make the victim’s community feel vulnerable and suspicious of other groups and also uncertain concerning the effectiveness of the power structure that is supposed to protect them…. “hate violence is intentionally, specifically targeted at individuals because of their personal, immutable characteristics. These are, therefore, very personal crimes, with very special emotional and psychological impact on the victim—and the victim’s community” (Lieberman). Hate crimes are dangerous because they damage the community, and especially the marginalized communities. It is essential to understand that hate crimes are often committed to passing a particular message to the marginalized community. Such crimes are usually done to bring about intimidation, and they are often violent. It is essential to understand that hate crimes are different from other crimes because they have a bias motive.

It will, therefore, be difficult to shape attitudes against hate crimes using laws. Hate is a natural aspect and laws have an essential role to play. However, hate crime laws offer a different element of criminal justice that is unique. Hate crime laws have been upheld against various challenges under the equal protection clause and the due process clause of the First Amendment. Hate crime laws will require an underlying crime and this will have to be more than hate speech alone. The law by itself is a blunt instrument and prevention of crime is much more effective than punishing people for the occurrence of hate crime (Lieberman). It is also important to consider that the attitudes that exist concerning hate crimes may signify underlying issues between different groups. There is much opposition to hate crime laws especially because it signifies other beliefs of bias between groups. Instead of passing hate crime laws, it would be more useful to promote intercultural involvement and understanding. Such initiatives would be more effective in encouraging cohesion in the community.

It will rely heavily on legal knowledge as well as ideological sophistication and change of opinion in individuals. It would also be essential to understand more concerning policies that are related to the enforcement of human rights. Hate crime is often encouraged by differences in the social category such as gender and race. However, political orientation may also have a role to play in the occurrence of hate crime (Lieberman). Hate crime laws may also be ineffective in situations where the hate crime is caused or encouraged by peer relationships. Informal peer relationships may influence attitudes towards other people as well as the laws that protect them such as the hate crime laws. Understanding how peers influence each other may provide useful information concerning strategies of fostering good intergroup relations.

Instead of promoting hate crime laws, it would be more useful to build on relationship enhancing behaviors as well as logically based arguments within such peer settings to ensure compliance with the hate crime laws. There is a growing opposition to hate crime laws especially because the underlying causes of hate crime have not been appropriately addressed (Lieberman). Legal theorists may oppose hate crimes based on legitimate concerns about the validity of these laws. Other individuals may oppose these laws as an extension of their opposition to intergroup equity and social justice. However, some individuals believe that hate crime laws protect vulnerable victim groups and help to promote social norms.

One major issue with the advent of  hate crime laws is the fact that there are questions concerning how the law can be able to better respond to the victimization of minorities as well as others who are disadvantaged because of the complex system structure, It has been asked whether  those interested in enhancing the status and welfare of minority groups should pursue policies which provide specialized treatment for these minorities who encounter hate crimes .. Crimes in which the victim is intentionally selected for violence based on racial bigotry can be rightly condemned as “morally worse” than other crimes… “crimes in which the victim is intentionally selected for violence on the basis of racial bigotry can be rightly condemned as “morally worse” than other crimes” (Lieberman). It is necessary to understand that there are socially constructed obstacles which minorities face and which should be dealt with. Policymakers will have to develop other means of dealing with issues affecting the minority communities and barriers to accessing justice should be identified and dealt with.

There are concerns about hate crime laws because enforcement of such laws can lead to the separation of minorities from other communities. The laws will, therefore, place them in positions of compromise within the society, thus, making them more vulnerable than they are (Lieberman). One unintended consequence of the promotion of hate crime laws is that they will lead to the realization of “special protection and treatment” of the marginalized communities or people. Furthermore, it will only complicate the situation and make them an obvious target for biased extremists. Interfering with the criminal justice system to prioritize the marginalized and victimized people will only complicate the situation.

Hate crime laws may also have the undesired effect of being insensitive to the institutional as well as organizational and interactional disadvantages faced by minority communities. It will, therefore, make little difference in changing the biases faced by such groups of people (Lieberman). There is, therefore, a dilemma between same and different treatment policies, and this is a major issue to consider in the implementation of hate crime laws. There is much anxiety concerning the consequences of implementation of reforms based on creating special treatment for some groups of people. Hate crime is old human behavior and is often manifested in discrimination of various kinds.

There are conflicting feelings towards hate crime laws, and many people are skeptical concerning how effective these laws are. A push for the implementation of hate crime policies would further worsen the situation, and it may make the minorities a target for aggression. A more effective approach would include investigating causes of hate crime at the grassroots level and developing methods of initiating change in the attitude of individuals. The legitimacy of hate crime laws in under jeopardy with calls for different approaches to solving hate crime-related issues.