seven Types of hate crimes

seven Types of hate crimes

Introduction

Community and political leaders have put significant efforts towards fostering an understanding and tolerance on hate crimes in the society. Issues related to hate crimes have become a priority for policymakers at every level of government. Hate crimes have become a global issue as the scope continues to expand and affect different aspects of our lives. In 2018, there was a reported 3.5% decline in the overall number of crimes in major cities across the U.S., and these latest hate crime-related data is a mirror for a multi-year increase across other representative crimes as reported by Grawert & Kimble (2019). For societies to be in a better position to address issues related to hate crimes, it is crucial for this paper into the types of hate crimes, the problem scope as it relates to hate crimes, and the strategies in place to overcome hate crime.

Background

Traditionally, any investigations by the Federal Bureau of Investigations (FBI) on hate crimes were related to perpetrators that acted on a bias that was against race, color, nationality, or region of the victims. Investigations were further restricted to those where the victim was involved in an activity that was federally protected. Following the passing of the Hate Crimes Prevention Act of 2009, the FBI was also authorized to investigate crimes that biased on sexual orientation, gender, disability, or gender identity (U.S. Department of Justice, 2018). The Law further created a new federal criminal law that criminalized willingly, causing bodily harm or an attempt to do so with a dangerous weapon or a firearm. The conditions under this Law were that, the crime was committed because of an individual’s race, color, religion or nationality and that the crime was committed because of the perceived or actual nationality, religion, sexual orientation, disability or gender identity of a person (U.S. Department of Justice, 2018). These crimes affect foreign commerce, interstates, or if they took place within the exclusive federal maritime and territorial authority.

Hate crime is considered a traditional offense just as vandalism, murder, or arson, but with an added aspect of bias. The Uniform Crime Reporting (UCR) program under the FBI defines hate crimes as committed criminal offenses which are motivated in part or whole by the offender’s bias against disability, religion, gender, ethnicity, race, sexual orientation, or gender identity (FBI, 2020). For the program, even when the offender has been mistaken in their perception that the victim is a member of the group they are acting against, the offense is considered a biased crime since the offender was motivated by bias towards the group (FBI, 2020). The Bureau is also keen to note that hate itself is not considered a crime as it is mindful in protecting civil liberties and freedoms related to speech.

Types of hate crimes

Race

Race refers to a group of individuals who are considered different due to their physical characteristics, such as the color of their skin. Under the United Nations Human Rights Commission, racial discrimination is defined as any form of exclusion, distinction, restriction or preferences based on an individual’s descent, color, race, ethnic or national origin to impair or nullify the recognition or enjoyment of human rights and the fundamental freedoms within the political, social, economic or cultural aspects (UNHCR, 2020). Race is a social construct, and the international community has rejected doctrines on the racial superiority of any theories that attempt to determine the existence of different. From social media research Yang & Counts (2018, p.704) social media, the modern-day platform for racial discrimination with users creating pseudo profiles to perpetuate racial crimes. Although the term race is not considered to be precise, it remains prevalent within the national and international context as a term that focuses on concepts like ethnicity, national origin, or skin color.

Religion

The freedom of belief or faith is covered under several international and regional instruments. It is one of three main protected characteristics, alongside nationality and race that ware included in every hate crime provisions under the Organization for Security and Co-operation in Europe (OSCE). The U.N.’s General Assembly created resolution 66/167, which was focused on condemning any acts of violence that targeted persons or property based on religious associations and called for the protection of religious sites that were subject to vandalism or destruction (OCSE & IAP, 2014). An authoritative interpretation on the provisions to be included under the freedom of religion was also covered under the U.N. Human Rights Committee. The violation of theistic, atheistic, and non-theistic beliefs and the right not to profess any religious beliefs, these are some of the broad aspects of crimes related to religious violations (Scheitle & Hansmann, 2016, p.862).

Sexual Orientation or Gender Identity

Hate crimes among individuals in the lesbian, gay, bisexual, and transgender (LGBT) community are often motivated by a bias based on the individual’s gender identity or their sexual orientation (Chakraborti & Hardy, 2015). In some instances, the LGBT community has been portrayed both by politicians and the media as a threat and an inferior group that is a threat to public health and the traditional structures such as families and marriage. Stigmatization is one of the significant aspects under the LGBT community, although, in some regions, they are protected by the Law. Dangerous attacks and physical assaults are carried out by groups, especially those that are against the LGBT community and consider their view to be contrary to the traditional beliefs in society.

Disability

Disabled people are frequent hate crime victims, even though disability-related hate crimes are often misunderstood and hidden. These crimes have unique characteristics that set them aside from other types of hate crimes. Several negative views have been developed toward people with disabilities in society. Some of these are often stereotypical on the fact that disabled people tend to be dependent on other people, unemployable, uneducable, and unproductive. A report by the United States Commission on the citizen’s civil rights presented in 2019 indicated that from the FBI data in 2017, hate crimes against individuals with disabilities had increased from the numbers in 2016 (USCCR, 2019). Therefore, other people think that some of the disability packages offered by the government are not earned or deserved by people with disabilities. As a result, this has led to an increase in the number of disability hate crimes.

Gender

Often at times, gender-based hate crimes are more focused on women rather than men as the female gender is considered inferior in some societies (Hanes et al., 2014, p. 256). However, over the years, this has extended to affecting both the male and female genders as perpetrators are on the rise across all genders. There have been cases of women against women incidences, which are often based in the workplace or the family setting as they compete for superiority or recognition. A study conducted in Sacramento, California, that involved approximately 2,000 lesbian and gay people reported that one-fifth of the women and one-fourth of the men reported that they were victims of gender-related hate crimes (Mackie & Smith, 2015, p. 271).

Scope of the Problem

Single-biased offenses were categorized as per their occurrences in 2018. To understand these statistics, it is important to define the key terms used in the breakdown of each of the data. A victim is a person, institution, religious organization or government entity that has been harmed, killed or injured from hate crimes (Sherr & Montesino, 2018, p.27) A known offender does not primarily mean that the identity of the suspect is known, but it means that the suspect in hate crime was identified and this differentiated the suspect from an unknown offender. A bias offense refers to a hate crime that creates intimidation or hostility in the environment it is taking place. A bias incident is any kind of behavior that an individual will find harmful or is directed to them as a hate crime (Sherr & Montesino, 2018, p.28). These categories were selected alongside the location type data and the nature of the crime by the jurisdiction. Appendix 1 summarizes the data, which will be followed by a detailed explanation to identify the scope of the problem that relates to hate crime.

The UCR program under the FBI gathers hate crime-related data from single-bias and multiple bias sources. To understand the scope of this problem, each offense is typically reported to Law enforcement by indicating at least a single bias motivation. By definition, on the one hand, single-bias cases are those incidents that have one or more offense, all motivated by a similar bias. On the other hand, multiple-bias cases are incidences that are under one or more crime motivated by two or more biases (UCR-FBI, 2018). Law enforcement agencies in 2018 were involved in the Hate Crime Statistics Program, which reported 7,120 hate crimes, and under these, there were 8,496 offenses. Single-bias crimes included 8,327 offenses with 8,646 victims, and the known offenders were 6,188. Multiple-bias misconduct in 2018 indicated 169 offenses with the 173 victims and atrocities perpetrated by 78 known offenders (UCR-FBI, 2018).

From the data presented in Appendix 1, the 2018 data was presented by 16,039 agencies within the law enforcement departments. The data was focused on six bias motivations under the single-bias crimes and the total of those under multiple bias cases. Further revelations were that the Black or African American communities were most targeted for racial hate crimes with 2,426 victims and 1,707 known offenders. Religion bias motivations indicated that Jews were the most targeted groups with 920 victims and 484 known offenders. Sexual orientation offenses related to hate crimes showed that gay men were targeted with 863 and 841 victims and known offenders, respectively. Hate crimes related to disabilities showed that patients with mental issues were most targeted with 111 victims and 99 known offenders. Females were most targeted under gender-based hate crimes with 33 female victims and 21 known offenders, a majority of whom were biased towards the male gender. In regards to gender identity, the transgender community was at a higher risk, with 160 victims and 156 perpetrators against the transgender community.

Overview of Crime Motivations

Reports indicate that there was a slight decline in the number of hate crime cases in 2018 from 2017. In 2017, there were 7,175 incidents as compared to the declined 7,120 cases in 2018. There have been some significant measures in place which have been attributed to this decline (Wickes et al., 2017, 880). However, at the core of these high numbers, there are specific motivations that trigger the perpetrator. In a report presented by the Canada Mortgage and Housing Corporation, an individual who engages in hate crime is not motivated by the feelings of hatred towards the victim but their expression of bias towards the victims’ group membership (Aziz Foundation, 2018). Hate crime perpetrators are not necessarily motivated by a single hatred, but they tend to be influenced by multiple combined prejudices. Law practitioners should appreciate situational factors, such as the relationship between the victim and offender and location, which might differ based on the type of offense that is reported and the hate crime motivation.

Social environments are also motivations for hate crimes. Research has found that hate crimes are more likely to take place in a structured society where there are particular characteristic identities over others, such as white communities and male heterosexuals (Miles, 2013, p. 40). This kind of discrimination is often referred to as systemic discrimination, which is codified into the Law, operating procedures, or policies. It tends to create an environment where the offenders tend to have a sense of freedom when they victimize certain members of the minority group. A feeling of superiority among the perpetrators tends to motivate them to further engage in these crimes. In some communities, the protection offered by corrupt law enforcers also tends to fuel hate crimes as, in most cases, the offenders are not punished as per the requirements of the Law.

Hate crime perpetrators are also driven to engage in these crimes by a number of factors. Research by Walfield et al., (2017, p. 157) indicated that there are four types of perpetrators based on their motivations. The first of this group were thrill-seekers; these were motivated by the excitement and adventure related to hate crimes. Other motivators were under a defensive motivation with the desire to shield the group territory or community affiliates. Retaliators were individuals that acted out of revenge on an actual or perceived attack against their group. These were often motivated by the mob mentality to commit crimes as a way to show their allegiance to the group. The final group was driven by mission and, in most cases, a personal purpose in their lives to get rid of these different groups.

Social psychology was also considered another motivation that was either conducted within physical communities or through the internet. Criminals would often be influenced by the perception that certain groups were threatening their operations or existence (Glaser et al., 2002, p. 182). Some of these threats were considered realistic concerning job competition, housing, and other resources that could cause harm to physical harm to others or themselves. Symbolic threats are often threats related to a community’s social norms or their value system. The internet has further fueled these crimes motivated by social psychology as some of these numbers are higher than those that happen offline. Both offline and online criminals have been found to have similar motivations in hate crimes (Awan & Zempi, 2016, p. 3).

Strategies to Reduce Hate Crimes

From the data presented in Appendix 1, it is evident that the most vulnerable settings are within the community, such as homes, schools, roads, alleys, and sidewalks. Therefore, these should be the most important areas to target in establishing sound and practical strategies to reduce hate-related crimes (Cogan, 2002, p. 176). For a comprehensive approach, it is important to evaluate strategies that other countries across the world have successfully implemented and used them to create a comprehensive strategy focused on transforming these communities and reducing the number of hate crimes. Therefore, some of the strategies that could be effective in reducing these hate crimes include hate prevention training, community partnerships, corrective actions for criminals within communities or schools, and prosecution, which is effective yet marred by several challenges to be discussed.

Hate prevention training

At the school level, training should first be focused on the employees in the schools. These include teachers, the support staff, security, bus-drivers, and administrators who should be aware of the hate manifestations and be well equipped to address these hate-related incidents (Chan et al., 2016, p. 392). After training the members of staff, they are, in effect, supposed to prepare the students and act as role models in their behavior. Ways to train the students can include face-to-face talks, graphic illustrations, and through social media. To reinforce the impact on the students, their parents must be taken through training and guided on how to identify any triggers or behavior that is related to hate crimes. It is also important to give both parents and students activities that can be influential in reinforcing positive behavior against hate crimes.

Partnerships with communities

A significant approach that has been used within the European Union has been through partnerships with law enforcement and civil society organizations (CSOs). National authorities may be entirely unaware of the diverse activities and the range of community activities that require cooperation between the civil societies and law enforcement at regional and local levels. CSOs have effective systems that are used to record incidents and follow up on the responses made to deal with these incidences. In the United States, these partnerships are made through empowerment with the victim and perpetrator community, the local media, and public authorities (O’Neill, 2016, p.10). For instance, in the perpetrator and victim community, the impacts of hate crimes should be identified through survivor testimonies, media coverage on hate crime, and the need for community collaboration to reduce these cases.

Corrective actions for offenders in the Community

Under Criminal Law, there is the aspect of corrective justice for offenders. As a measure to reduce hate crimes, Poama (2018, p.609) considers corrective justice as a way in which correcting certain harm is considered an obligation of the offender and not that of an external agent who could be related to the individual. Coupled with help from the local authorities and the community, rehabilitation of first-time offenders can be done without prosecution in a number of ways. These ways include the use of self-help groups, involving them in community-based activities, offering job opportunities that will keep these individuals engaged and sensitizing both the offender and the community on how they re-enter the community without being stigmatized.

Prosecution

The Law is well established to cater to hate crime-related trials in the United States. Hate crimes are tackled effectively only when there is a collaboration between the prosecutors, Police, and courts (Walfield et al., 2017, p. 153) Police are considered to be the first responders who are tasked with the responsibility of recording the crime, investigating and recording the initial statements. Under the jurisdiction, the prosecution team is expected to lead or supervise the investigation with the involvement of the Police through securing the evidence and prosecuting the case for trial. Successful prosecution is dependent on the collaboration between the witnesses, affected communities, and victims. However, the prosecution is often challenged by a number of issues that could be related to corruption. Justice is denied to victims when bribes pass between the perpetrators and the law enforcement agencies. Another challenge includes misinterpretation of the Law, which tends to affect the outcomes of the Law when it is interpreted to the convenience of a few individuals. Finally, the prosecution can be challenged by jurisdiction, especially in states that have a different approach to hate crimes.

Conclusion

Hate crimes are often fueled by activities that are related to biological, economic, social, and religious differences. These differences tend to create a misunderstanding of fundamental human rights as well as civil liberties. Therefore, society needs further sensitization on equity, human rights, and the fairness of resource distribution to promote cohesion in society. The strategies in place are aimed at preparing a younger generation against hate crimes, transforming societies that are affected by hate crimes, and preventing hate crimes in the future.