Hate crime

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A hate crime (also known as crime-motivated crime or crime bias ) is a prejudiced motive that occurs when the offender targets the victim because of his or her membership (or perceived membership) within a particular social or racial group.

Examples of such groups may include and are almost exclusively limited to: gender, ethnicity, disability, language, nationality, physical appearance, religion, gender identity or sexual orientation. Non-criminal acts motivated by these reasons are often called "biased incidents".

"Hate crime" generally refers to criminal acts that seem motivated by bias against one or more of the social groups listed above, or with bias towards their derivatives. Incidents may involve physical assault, property damage, bullying, harassment, verbal abuse or humiliation, partner crime or graffiti or offensive letters.

A hate crime law is a law intended to prevent biased violence. The law of hate crimes is different from the law against hate speech: hate hatred laws increase punishments related to behaviors that are already considered criminal under other laws, while hate laws that criminalize the category of speech. Hate speech laws exist in many countries. In the United States, hate hatred laws have been upheld both by the Supreme Court and lower courts, especially in the case of the words 'fights' and other violent speeches, but they are considered by some to conflict with the First Amendment right to freedom speaking, but the evil of hatred is only governed through the threat of injury or death.

Video Hate crime

History

The term "hate crime" became common use in the United States during the 1980s, but the term is often used retrospectively to describe events that occurred prior to the era. From the persecution of Christians in Rome to the massacre of Jews by the Nazis, the evil of hatred was done by individuals and governments long before the term was used.

As Europeans began to colonize the world from the 16th century onwards, indigenous peoples in colonized areas, such as Native Americans, were increasingly subject to bias-motivated intimidation and violence. Over the last two centuries, typical examples of hate crime in the US include the destruction of African-Americans, mostly in the South, and robbery of Mexicans and Chinese in the West; burning of the cross to intimidate black activists or to expel black families from predominantly white environments during and after the Reconstruction; attacks on whites traveling in mostly black environments; attacks on lesbian, gay, bisexual and transgender people; swastika paintings in Jewish synagogues; and xenophobic responses to various ethnic minority groups.

The verb " for lynch " is associated with the actions of Charles Lynch, an 18th-century Virginia Quaker. Lynch, other militia officers, and peace judges gathered Tory sympathizers summoned in informal courts; punishments imposed include whipping, property confiscation, forced forced appointments, and conscription to the military. Initially, this term refers to criminal prosecutions that are tried but not legitimate. It then evolved to illustrate executions outside "ordinary justice." This is closely related to the white persecution of African Americans in the South, and periods of weak or non-existent police authority, such as in certain border areas of the Old West.

The murders of Channon Christian and Christopher Newsom and the Wichita Massacre are not classified as "hate crimes" by US investigative officials or the media. At the beginning of the 21st century, conservative commentator David Horowitz, Michelle Malkin (channel and author of Fox News) and Stuart Taylor Jr. (journalist) does describe this event as "a crime of hatred against whites by blacks."

Maps Hate crime

Psychological effects

Hate crimes can have significant and widespread psychological consequences, not only for their immediate victims but for others as well. The 1999 US study of lesbian and gay victims of documented hate crime indicates that they experience higher levels of psychological pressure, including symptoms of depression and anxiety, than lesbian and gay victims of comparable crimes that are unmotivated by antigay bias. A guide issued by the Ontario Provincial Prosecutor in Canada listed the following consequences:

Impact on individual victims

psychological and affective disorders; impact on victim's identity and self-esteem; both are reinforced by a specific level of hate crime, which is usually stronger than ordinary crime.

Effect on targeted group

the general terror in the group belonging to the victim, the inspirational feeling of vulnerability among other members, who could be the next victim of hate crime.

Effects on other vulnerable groups

adverse effects on minority groups or in groups identifying themselves with targeted groups, especially when the hatred is based on ideologies or doctrines preaching simultaneously against some groups.

Effects on the community as a whole

divisions and factionalism that arise in response to hate crimes are very damaging to multicultural societies.

Hate crime victims can also develop psychological depression and trauma.

A European and American research review shows that terrorist bombardments are causing Islamophobia and hate crime to flare but, in a quieter time, they subside again, albeit to a relatively high level. The most persuasive terrorist message is that fear and fear, the ultimate and powerful emotions, increase risk estimates and have a distorting effect on ordinary Muslim perceptions. Widespread Islamophobic prejudices seem to contribute to anti-Muslim hatred, but indirectly: terrorist attacks and intensive Islamophobic prejudices serve as a window of opportunity for extremist groups and networks.

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Hates crime laws

Hate crime laws generally fall into one of several categories:

1. laws that define specific actions that motivate bias as different crimes;
2. legal increase in criminal penalties;
The law
3. creates different civil causes of action for hate crime; and
4. laws that require administrative agencies to collect hate crime statistics. Sometimes (as in Bosnia and Herzegovina), the law focuses on war crimes, genocide, and crimes against humanity with a ban on discriminatory measures limited to public officials.

Eurasia

European Union

Since 2002, with amendments to the Maya World Cybercrime Convention, the EU mandated each country to punish as a hate crime through the internet.

Andorra

Discriminative acts constitute harassment or violation of a person's dignity on the basis of origin, nationality, race, religion or sex (Criminal Code Article 313). The court has cited bias-based motivations in delivering sentences, but there is no provision of explicit penalty increases in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare.

Armenia

Armenia has an increasing penalty law for crimes with ethnic, racial or religious motives (Criminal Code Article 63).

Austria

Austria has increasing penalty laws for reasons such as repeating crimes, especially cruel, using other powerless states, playing a leading role in crime, or committing crimes with racist, xenophobic or highly reprehensible motivation (Criminal Justice Section 33 (5) ).

Azerbaijan

Azerbaijan has an increased penalty law for crimes motivated by racial, national, or religious hatred (Article 61 Criminal Law). The killing and suffering of serious bodily injuries motivated by racial, religious, national or ethnic intolerance are different crimes (Art 111).

Belarus

Belarus has an increasing penalty law for crimes motivated by racial, national, and religious hatred.

Belgium

Belgian legislation February 25, 2003 ("aims to combat discrimination and modify the 15 February 1993 Law establishing the Center for Equal Opportunities and Against Racism") establishes penalties for crimes involving discrimination on the basis of gender, which should be race, color, heredity, national or ethnic origin, sexual orientation, civil status, birth, luck, age, religious or philosophical beliefs, current state or future health and disabilities or physical features. The law also "provides for civil efforts to address discrimination." The Act, together with the Act of 20 January 2003 ("on strengthening the law against racism"), requires the Center to collect and publish statistical data on racism and discriminatory crimes.

Bosnia and Herzegovina

The Criminal Code of Bosnia and Herzegovina (enacted in 2003) "contains provisions prohibiting discrimination by public officials on the basis of, among others, race, color, ethnic or national background, religion and language and prohibiting restrictions by public officials from the rights of citizens in the relationship they are with the authorities (Articles 145/1 and 145/2). "

Bulgaria

Bulgarian criminal law prohibits certain crimes motivated by racism and xenophobia, but the 1999 report by the European Commission on Racism and Intolerance found that it did not appear that these provisions "ever resulted in confidence before the courts in Bulgaria."

Croatian

The Croatian Criminal Code explicitly defines hate crime in article 89 as "any crime perpetrated by a person's hatred, color, sex, sexual orientation, language, religion, political or other beliefs, national or social background, asset, birth, education , social condition, age, health condition or other attributes ". On 1 January 2013, the new Criminal Code was introduced with the recognition of hate crimes based on "race, color, religion, national or ethnic background, sexual orientation or gender identity".

Czech Republic

The Czech law finds its constitutional basis in the principle of equality and non-discrimination contained in the Fundamental Rights and Fundamental Rights Charter. From there, we can trace two basic lines of protection against hate-motivated incidents: one passes criminal law, the other through civil law. The current Czech criminal law has good implications for decisions about guilt (influencing decisions on whether to find the defendant guilty or innocent) and the decision on punishment (affecting the level of punishment imposed). It has three levels , which are:

• circumstances determine whether an action is a crime - hate motivation is included in the constituent elementary element. If hate motivation is not proven, a belief for hate crime is not possible.
• circumstances impose a higher penalty - hate motivation belongs to the qualifying constituent elements for some types of crime (killing, bodily harm). If hate motivation is not proven, the punishment is imposed according to the scale prescribed for the basic elements of the crime.
• incriminating general conditions - the court is obliged to incorporate hate motivation into the account as an irritating public situation and determine the amount of punishment to be imposed. However, it is not possible to add together the aggravating general situation and the circumstances that determine the imposition of higher penalties. (see Appendix for details)

The current criminal law does not impose a special penalty for actions that target others for the reason of their sexual orientation, age, or health status . Only the constituent elements of a criminal offense for hatred against a group of people or the restrictions of their rights and freedoms, and the burdensome public situation include attacking different groups of people. Such a group of people can, of course, also be determined by sexual orientation, age, or health status. Certain disparities have been created between, on the one hand, groups of people who have been victimized by reason of their skin color, faith, nationality, ethnicity or political persuasion and enjoy increased protection, and, on the other hand, the victims sexual orientation, age or health status and are not given increased protection. The gaps in protection against attacks motivated by the victim's sexual orientation, age or health status can not be successfully bridged by interpretation. Interpretation by analogy is unacceptable in criminal law, a deeply acceptable motivation is mentioned.

Denmark

Although Danish law does not include explicit provisions of hate crime, "section 80 (1) of the Criminal Code commands courts to consider gravity from offenders and perpetrators' motives when imposing sentences, and therefore to emphasize the racist motive of crime in determining sentences." In recent years judges have used this provision to increase penalties on the basis of racist motives.

Since 1992, the Danish Civilian Security Service (PET) has released statistics on crimes with clear racist motivation.

Estonian

Under section 151 of the Estonian Criminal Code of 6 June 2001, which entered into force on 1 September 2002, with amendments and supplements and as amended by the Act of 8 December 2011, "activities that openly incite hatred, violence or discrimination on the basis of nationality, race, color, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status, if this results in harm to one's life, health or property, can be punished by fine up to 300 units of fine or detention ".

Finnish

The Finnish Criminal Code 515/2003 (enacted 31 January 2003) makes "committing a crime against a person, as a national, racial, ethnic or equivalent group" of an aggravating circumstances in punishment. In addition, ethnic agitation (Finland: kiihotus kansanryhmÃÆ'¤ÃÆ'¤ vastaan) is criminalized and carries a fine or imprisonment of no more than two years. The prosecution need not prove that the real danger to the ethnic group is caused but only the malicious messages are delivered. The worse malice of hate, the argument (Finland: yllyttÃÆ'¤minen ), carries a prison sentence of one to ten years. However, in the case of incitement of war, prosecutors must prove concrete actions that clearly increase the risk that Finland is engaged in a war or a target of military operations. The action may consist of

1. illegal violence directed against a foreign country or its citizens,
2. systematic dissemination of false information about Finland's foreign policy or defense
3. public influence on public opinion against a pro-war perspective or
4. public advice that a foreign country or Finland should engage in aggressive action.

French

In 2003, France enacted an anti-criminal defense law for crimes motivated by a bias against actual or perceived victims of ethnic, national, racial, religious, or sexual orientation. The punishment for murder is raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and punishment for violent attacks that cause permanent disability is raised from 10 years (for non-hate crimes) up to 15 years (for crimes hatred).

Georgia

"There is no general provision in Georgian law for racist motivation to be perceived as a burdensome condition in the prosecution of regular violations, but certain crimes involving racist motivation are defined as specific violations of the 1999 Georgia Criminal Code, including murders motivated by race, religion, intolerance national or ethnic (article 109), seriously injured suffering motivated by racial, religious, national or ethnic intolerance (art 117), and torture motivated by racial, religious, national or ethnic intolerance (art 126) the case in which this law has been enforced - there is no systematic monitoring or data collection on discrimination in Georgia. "

German

The German Criminal Code does not have hate crime laws, but it criminalizes hate speech under a number of different laws, including Volksverhetzung. In the motivation of the German legal framework is not taken into account when identifying the element of violation. However, in the punishment procedure, a judge may determine certain principles for determining punishment. In section 46 of the German Criminal Code it is stated that "the motive and purpose of the offender, the state of mind is reflected in the actions and desires involved in his task." can be considered when determining the punishment; under this law, hatred and bias have been considered in punishment in cases in the past.

Hate crimes are not specifically traced by the German police, but have been studied separately: The "EU racism report" recently published by the European Union found that racially motivated attacks were common in Germany, identifying 18,142 incidents for 2006, of which 17,597 were motivated by right-wing ideology, both about 14% year on year. Relative to population size, this represents an eight-fold higher rate of hate crime than was reported in the US during the same period. Awareness of hate crime and right-wing extremism in Germany is still low.

Greek

Article 927/1979 "Section 1.1 penalizes incitement to discrimination, hatred or violence against individuals or groups because of their racial, national or religious origin, through written or public expression, Section 1.2 prohibits the formation, and membership in, the organization which regulates propaganda and activities devoted to racial discrimination, Section 2 punishes an offensive public expression of ideas, Section 3 punishes the act of refusing, in the execution of a person's work, to sell a commodity or to provide services on the ground of race. "The public prosecutor may file a claim even if the victim did not file a complaint. However, in 2003, no confidence was obtained under the law.

Hungarian

Violent, cruel, and coercive acts with threats committed on the basis of genuine or perceived national or ethnic status, religion or membership of victims or perceived within a particular social group may be punishable under article 174/B of the Hungarian Criminal Code. This article was added to the Code in 1996.

Iceland

Section 233a of the Icelandic Criminal Code states "Anyone who in derogatory, defamatory, insulting, threatening or in any manner publicly misuses a person or group on the basis of their nationality, color, race, religion or sexual orientation shall be fined or imprisoned two years. "

ireland

"The Prohibition of Hateful Hate Act 1989" makes an offense to incite hatred against any group of people because of race, color, nationality, religion, sexual orientation, ethnicity or national origin, or membership of the Traveller community, an indigenous minority group. "

Ireland does not systematically collect hate crime data.

Italy

Italian criminal law, in Section 3 of Law no. 205/1993, called Legge Mancino (Mancino's law), contains additional penal provisions for all crimes motivated by race, gender/gender, ethnic, national or religious bias.

Kazakhstan

In Kazakhstan, there is a constitutional provision that prohibits propaganda promoting racial or ethnic superiority.

Kyrgyzstan

In Kyrgyzstan, "The Constitution of the State Party prohibits any kind of discrimination on the basis of origin, sex, race, nationality, language, belief, political or religious belief or other private or social circumstances or circumstances, and that the prohibition against race discrimination is also included in the law. other laws, such as Civil, Criminal Law and Labor. "

Article 299 of the Penal Code defines incitement to national, racist or religious hatred as a special offense. This article has been used in political trials of suspected members of the Hizb-ut-Tahrir banned organization.

Russian

Article 29 of the criminal law of the Russian Federation prohibits incitement to unrest in order to mobilize racial, racial, ethnic, and religious hatred and the promotion of equal superiority. Article 282 further includes protection against incitement of hatred (including gender) through various means of communication, inculcating criminal penalties including fines and imprisonment.

Spanish

Article 22 (4) of the Spanish Penal Code includes provisions of penalties for crimes motivated by a bias against the ideology of victims, faith, religion, ethnicity, race, nationality, gender, sexual orientation, illness or disability.

Swedish

Article 29 of the Swedish Criminal Code includes provisions on penalties for crimes motivated by bias against race, color, nationality, ethnicity, sexual orientation, religion or other "similar circumstances" of victims.

United Kingdom

For England, Wales, and Scotland, the Crime and Disorties Act 1998 made a hateful behavior toward victims based on victims' membership (or alleged membership) in a racial or religious group of aggravation in punishment for a particular crime. The 2001 Anti-Terrorism, Crime and Security Act (c 24) altered part of the 1998 Crimes and Disorder Act. For Northern Ireland, Order (1987/463 (NI 7) serve the same purpose. "Racial group" means a group of persons defined by reference to race, color, nationality (including citizenship) or ethnic or national origin. The "religious group" is a group of people defined with reference to religious beliefs or lack of religious beliefs. Specified crimes are attack, criminal damage, violation under the 1986 Public Order Act, and violations under the Protection of the Harassment Act of 1997.

Sections 145 and 146 of the Criminal Justice Act 2003 require courts to consider whether crimes that are not determined by the Crime and Disorder Act 1998 are racially or religiously exacerbated, and to consider whether the following circumstances relate to crimes:

(a) that, at the time of committing an offense, or immediately before or after doing so, the perpetrator shows against the victim of the hostilities of the offense based on--

(i) the sexual orientation (or suspected sexual orientation) of the victim, or

(ii) the victim's disability (or alleged disability), or

(b) that violations are motivated (in whole or in part) -

(i) by hostility towards people who have a particular sexual orientation, or

(ii) by hostility towards persons with certain defects or disabilities.

The Crime Survey for England and Wales (CSEW) reported in 2013 that there are an average of 278,000 hate crimes each year with 40% reported according to the victim's survey, although police records only identify about 43,000 hate crimes each year. It was widely reported that police accounted for a 57% increase in hate crime complaints within four days of a referendum on EU membership, but a press release from the National Police Chief Council stated that "this should not be read as a national increase in hate crime by 57 percent."

In 2013, police in Greater Manchester began recording attacks on goth, punk, and other alternative cultural groups as a hate crime.

On December 4, 2013, the Essex Police launched the 'Stop Hate' initiative as part of a joint effort to find new ways to deal with hate crime in Essex. The launch was marked by a conference in Chelmsford, hosted by Police Chief Stephen Kavanagh, who gathered 220 delegates from various partner organizations involved in the field. The theme of the conference is "Report to Sort it out" and the emphasis is on encouraging people to alert the police if they have been victims of hate crime, whether based on race, religion, sexual orientation, transgender identity or disability.

The Prosecutor's Guide of Attorney issued on 21 August 2017 states that online hatred crimes should be treated as seriously as a violation in private.

Perhaps the most famous crime of hatred in modern England took place in Eltham, London, on April 24, 1993, when 18-year-old black student Stephen Lawrence was stabbed to death in an attack by a group of white youths. Two white teenagers were later accused of murder, and at least three other suspects were named in the national media, but charges against them were dropped within three months after the Crown Prosecutor's Office concluded that there was not enough evidence to prosecute. However, a change in law a decade later allows a suspect to be charged with a crime twice if new evidence arises after the original indictment is handed down or an "innocent" verdict delivered in court. Gary Dobson, accused of murder in an investigation early in 1993, was found guilty of Stephen Lawrence's murder in January 2012 and sentenced to life imprisonment, as did David Norris, who was not prosecuted in 1993. A third suspect, Lukas Knight, has been indicted on in 1993 but was not prosecuted when the case came to court almost 20 years later.

Scotland

Under Scottish Common law, courts may consider incriminating factors when punishing a person found guilty of committing an offense. There are laws that deal with violent incitement of racial hatred, racial harassment, prejudices relating to religious beliefs, disability, sexual orientation, and transgender identity. The Scottish Executive Working Group examined the problem of hate crime and ways of combating crime motivated by social prejudice, reported in 2004. Its main recommendations were not implemented, but in their manifesto for Scottish Parliamentary elections 2007 some political parties included a commitment to legislation in this area, including the Scottish National Party which now forms the Scottish Government. The Offenses (Aggravation by Prejudice) (Scotland) Bill was introduced on May 19, 2008 by Patrick Harvie MSP, which was prepared with support from the Scottish Government, and unanimously passed by parliament on 3 June 2009.

Eurasian countries without hate crime laws

Albania, Cyprus, San Marino, Slovenia, and Turkey have no hate crime laws.

North America

Canada

"In Canada, the legal definition of hate crime can be found in sections 318 and 319 of the Criminal Code."

In 1996, the federal government changed the section of the Criminal Code relating to the penalties. Notably, section 718.2. Section states (related to hate crime):

The courts that impose the sentence should also consider the following principles:

(a) a sentence must be increased or reduced to account for an aggravating or mitigating circumstance related to a violation or offender, and, without limiting the announcement of the former,

(i) evidence that the offense was motivated by bias, prejudice or hatred based on race, national or ethnic origin, language, color, religion, gender, age, mental or physical disability, sexual orientation or other similar factors. ,... would be considered an aggravating situation. ''

Most (84 percent) of hate crimes were "men, with an average age of just under 30. Less than 10 of those accused of having criminal records, and less than 5 percent had previous hate crimes (ibid O 'Grady 2010 page 163.). "" Only 4 percent of hate crimes are associated with organized or extremist groups (Silver et al., 2004). "

In 2004, the Jews were the largest ethnic group targeted by hate crime, followed by blacks, Muslims, South Asians, and homosexuals (Silver et al., 2004).

During the Nazi regime, anti-Semitism was the cause of hate-related violence in Canada. For example, on August 16, 1933 there was a baseball game in Toronto and a team made up of mostly Jewish players. At the end of the game, a group of Nazi sympathizers opened the Swastika flag and shouted 'Heil Hitler'. The incident broke into a fight that left both Jews and Italians against Anglo Canadians and fights lasting hours.

The first time someone was charged with hate speech over the internet took place on March 27, 1996. "A Winnipeg adolescent was arrested by the police for sending an email to a local political activist containing the 'Death to homosexual' message set in the Bible! Better watch the next Pride Week of Gay. '(Nairne, 1996). "

Robert points out that "Canada lags behind other countries in collecting comprehensive statistics on hate crime."

United States

The law of hate crime has a long history in the United States. The first hate crimes law was passed after the American Civil War, beginning with the Civil Rights Act of 1871, to combat more racially motivated crimes perpetrated by the Ku Klux Klan Reconstruction era. The modern era of hate crime law began in 1968 with the passage of federal law, 18 US 245, part of the Civil Rights Act which made it illegal to "violently or with the threat of violence, harm, intimidate, or annoy anyone who are involved in six protected activities, on the grounds of race, color, religion, or national origin. "However," Prosecution of such crimes must be certified by the US attorney-general. "

The first state crime hate statute, Section 190.2 California, was passed in 1978 and awarded for increased penalties in cases where murder was motivated by prejudice against four categories of "protected status": race, religion, color, and national origin. Washington included ancestors in a law passed in 1981. Alaska incorporated beliefs and sex in 1982 and later flawed, sexual orientation, and ethnicity. In the 1990s several state laws began to include age, marital status, membership in the armed forces, and membership in civil rights organizations.

Criminal acts that could be considered hate crimes in various countries include aggravated attacks, attacks and batteries, vandalism, rape, threats and intimidation, arson, unauthorized entry, stalking and "lesser" acts until 1987 State legislation California includes all possible crimes of hate crime.

Defined in the 1999 National Crime Victim Survey, "Hate crime is a criminal offense.In the United States, federal prosecution is possible for hate crimes committed on the ground of race, religion, or national origin when engaged in federal protection activities." In 2009, the Matthew Shepard Act added actual or perceived gender, gender identity, sexual orientation, and disability to the federal definition, and imposed the prerequisite that victims were involved in federally protected activities.

Forty-five states and the District of Columbia have laws that criminalize different types of hate crime. Thirty-one states and the District of Columbia have laws that create civil causes other than criminal penalties for similar actions. Twenty-seven states and the District of Columbia have laws that require states to collect hate crime statistics.

According to the FBI Hate Crime Statistics report for 2006, hate crime increased almost 8% nationally, with a total of 7,722 incidents and 9,080 violations reported by participating law enforcement agencies. Of 5,449 crimes against people, 46% were classified as intimidation and 32% as simple attacks. 81% of 3,593 crimes against property are acts of vandalism or destruction.

However, according to the FBI Hate Crime Statistics of 2007, the number of hate crimes declined to 7,624 incidents reported by participating law enforcement agencies. These incidents included 9 murders and 2 rape (from nearly 17,000 murders and 90,000 forcible rape committed in the US in 2007).

Prosecutor General Eric Holder said in June 2009 that the recent killings showed the need for a more violent US hatred of laws to stop "violent incitement of political activism".

The 2011 hate crime statistics show 46.9% are motivated by race and 20.8% by sexual orientation.

By 2015, the Statistics of Hate Crime report identified 5,818 single-incident biases involving 6,837 offenses, 7,121 victims, and 5,475 known offenders

The prosecution of hate crimes is difficult in the United States. But recently, the state government has been trying to re-investigate and retry previous hate crimes. One notable example is the Mississippi decision in 1990 to retry Byron De La Beckwith for the assassination of Medgar Evers, a prominent figure at the NAACP. This will be the first time in US history that unresolved cases of civil rights will reopen. Byron De La Beckwith, a member of the Ku Klux Klan, was tried for murder on two previous occasions and it resulted in a hanging jury. However, he was eventually sentenced to life in prison in 1994. It was presented with the testimony of two FBI informants who had infiltrated the KKK, the missing transcripts of the first trial, the relocation of lost witnesses, many witnesses of Beckwith who boasted about his role in murder and writings. Beckwith's own racist writing, a mixed race jury found Beckwith guilty of murder. Although De La Beckwith was 73 years old when he was sentenced to life in prison, conviction in 1994 has been interpreted as a way for Mississippi to give up her racist years.

According to a November 2016 report released by FBI hate crime statistics is on the rise in the United States. The number of hate crimes increased from 5,850 in 2015, to 6,121 hate crime incidents by 2016, an increase of 4.6 percent.

Victims in the United States

The largest hate crime category in the United States is a commitment to African Americans: of the 8208 hate crimes reported to the FBI in 2010, 48% were racially related - with 70% of them having anti-black bias. This is believed to be based on the history of African slavery in the country. One of the greatest waves of hate crimes occurred during the civil rights movement. During the 1950s and 1960s, violence and threats of violence were frequent against African-Americans, and hundreds of lives were lost because of such acts. Members of this social class face violence from groups such as the Ku Klux Klan as well as the violence of individuals committed to maintaining segregation. At that time, civil rights leaders such as Martin Luther King Jr. and their supporters fought hard for African Americans' right to vote as well as equality in their daily lives. African Americans have been the target of hate crimes since the Civil War, and this social class humiliation is also desired by many Anti-black individuals. Another frequently reported biased motivation is bias against religion, biases towards specific sexual orientations, and biases against certain ethnic/national origin. Sometimes, this bias motivation overlaps, because violence can be anti-gay and anti-black, for example.

Analysts have compared groups in terms of the level of per capita hatred crimes committed against them, to allow for different populations. Overall, the number of hate crimes committed since the first hate crime bill passed in 1997 was 86,582.

Among the groups currently cited in the Hate Crime Statistics Act, the largest number of hate crimes committed against African-Americans. During the Civil Rights Movement, some of the most notorious hate crimes include the 1968 murder of Martin Luther King Jr., the assassination of 1964 Charles Moore and Henry Dee, the bombing of the 16th Street Baptist Church of 1963, the 1955 assassination of Emmett Till, as well as the burning of the cross, the church, the synagogue Jews and other religious minority places of worship. Such acts begin to occur more often after the racial integration of many schools and public facilities.

High profile killings targeting victims based on their sexual orientation have prompted the passage of hate crime laws, particularly the case of Sean W. Kennedy and Matthew Shepard. The Kennedy assassination was mentioned by Senator Gordon Smith in a speech on the floor of the US Senate while he advocated the law. The Matthew Shepard and James Byrd, Jr. The Hate Crimes Prevention Act was signed into law in 2009. It includes sexual orientation, gender identity and expression, disability, and military personnel and their family members. This is the first inclusive bill ever to be passed in the United States, taking 45 years to complete.

Gender-based crime can also be considered a hate crime. This view will point to rape and domestic violence, as well as non-interpersonal violence against women such as the Polytechnique massacre in Quebec, as a racial crime.

In May 2018, ProPublica reviewed police reports for 58 recognized anti-heterosexual hate crimes cases. ProPublica found that about half of the cases are anti-LGBT hatred crimes that have been miscategorized, and the rest motivated by hatred against Jews, blacks or women or that there is no element of hate crime. at all. ProPublica did not find a single case of hate crime triggered by anti-heterosexual bias.

South America

Brazil

In Brazil, hate crime laws focus on racism, racial injury, and other specially motivated crimes such as, for example, murder by death squads and genocide on the basis of nationality, ethnicity, race or religion. Assassination by death squads and genocide is legally classified as "terrible crime" ( hediondos crime in Portuguese).

Crimes of racism and racial injuries, though similar, are treated slightly differently. Article 140, paragraph 3, of the Criminal Code imposes a harsher penalty, from a minimum of 1 year to a maximum of 3 years, for injuries motivated by "elements referring to race, color, ethnicity, religion, origin, or condition of parenthood or disabled ". On the other hand, Law 7716/1989 covers "crimes resulting from discrimination or prejudice on the ground of race, color, ethnicity, religion, or national origin".

In addition, the Brazilian Constitution defines as "the fundamental objective of the Republic" (Article 3, clause IV) "to promote the welfare of all, without prejudice such as origin, race, sex, color, age, and any other form of discrimination".

Chile

In 2012, the Anti-Discrimination law changes the Criminal Code which adds a new state of criminal responsibility, as follows: "To engage in or participate in crimes motivated by ideology, political opinion, religion or belief of victims, nation, race, ethnic or social groups: sex, sexual orientation, gender identity, age, affiliation, personal appearance or illness or disability. "

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Support and challenge hate crime laws

Support

The justification for a heavier penalty for hate crime focuses on the idea that hate crime causes damage to individuals and the larger society. It is said that, when the core of a person's identity is attacked, degradation and dehumanization are very severe, and additional emotional and physiological problems are likely to occur. Communities, in turn, can suffer because of the helplessness of a group of people. Moreover, it is stated that the odds of a crime of retaliation are greater when hate crime has been committed. The riots in Los Angeles, California following Rodney King's beating, Black biker, by a group of White police officers were cited as support for this argument. The beating of white truck driver Reginald Denny by black rioters during the same riots is also an example that supports this argument.

In Wisconsin v. Mitchell , the US Supreme Court unanimously found that hate-ups hatred of hate crimes do not conflict with free speech, as they do not punish individuals for exercising freedom of expression; Instead, they allow the court to consider motives when punishing criminals for behaviors not covered by the First Amendment. While in the case of Chaplinsky v. New Hampshire court defines "fighting words" as "people who by their words cause injury or tend to incite an immediate breach of peace."

Opposition

The US Supreme Court unanimously found that the Law of Crime Sparked by St Paul Bias of discrimination based on a point of view contrary to the right to free speech, as it selectively criminalizes bias-motivational speech or symbolic remarks for dislikes while allowing the speech for other topics. Many critics further argue that it is contrary to a more fundamental right: free thinking. The claim is that hate crime legislation effectively creates certain ideas or beliefs, including religious ones, illegal, in other words, the evil of the mind.

In their book Hate Crime: Criminal Law and Political Identity, James B. Jacobs and Kimberly Potter criticized hate crime laws to exacerbate inter-group conflict. They assert that by defining crimes as committed by one group against another, rather than being committed by individuals to their society, labeling crime as "hate crime" causes the group to feel persecuted by one another, and that this impression of persecution can instigate a counterattack and thereby leading to an increase in actual crime. Some argue that hate crimes legislation brings the law into disgrace and then divides society, because groups are in place to keep their critics silenced. Some argue that if it is true that all violent crimes are the result of the offender's humiliation, then all evil is a crime of hatred. So, if there is no alternative reason to prosecute some people harder for the same crime on the basis of who the victim is, different defendants are treated unfairly under the law, in violation of the Constitution of the United States. American forensic psychologist Karen Franklin says that the term hate crime is somewhat misleading because it assumes there is a hate motivation that is absent on many occasions; In his view, the law to punish people who commit hate crimes may not be the best medicine to prevent them because the threat of future punishment usually does not deter such criminal acts. Some left politics have been critical of hate crime legislation to extend the criminal justice system and deal with violence against minority groups through punitive action.

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See also

• Bashing (degrading)
• Communal violence
• Evil hate crime
• Document Hate
• Combating Discrimination
• The hate group
• Racial trick
• Thoughtcrime
• Violence against LGBT people

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References

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External links

• Hate crime information, by Dr. Gregory Herek
• Alexander Verkhovsky Criminal Law on Hate Crime, Insitution for Resentment and Hate Speech in Participating Countries OSCE - The Hague: SOVA Center, 2016 - 136 pages. ISBN: 978-5-98418-039-9
• Hate Hatred Survey , the first annual Human Rights report on the prevalence of hate crime at the Organization for Security and Co-operation in the European Region.
• Hate Hatred Statistics , FBI yearly/US. The Department of Justice reports on the prevalence of hate crime in the United States. Required by Hate's Hate Statistics Act.
• Policy Maker's Guide to Hate Crime, a publication by the National Criminal Justice Reference Service, part of the US Department of Justice. Many parts of this article have been adapted from this document.
• Tolerance.org, a web project sponsored by the Southern Poverty Law Center
• Peabody, Michael "Mind & amp; Crime," Liberty Magazine, March/April 2008, reviewed recent hate crime laws and criminal intent issues.
• "Hate Crime." Oxford Bibliographies Online: Criminology.
• OSCE Hate Crime Reporting website

Source of the article : Wikipedia