This Brief provides a clearly outlined and accessible overview of the
challenges in creating and enforcing hate crime legislation in the
United States. As the author explains, while it is generally not
controversial that hate crime behavior should be stopped, the question
of how to do so effectively is complex.
This volume begins with an introduction about defining hate crimes, and
the history of hate crimes and hate crime legislation in the United
States. The author shows arguments in favor of hate crime statutes, for
example: hate crimes reach beyond their victims to members of the
victims' protected group and cohesion of society at large, and should
therefore carry higher penalties.The author also shows arguments against
hate crime statutes, for example that they sometimes contain enhanced
penalties for certain specially protected groups and not others, and
have a high potential for ambiguity and uneven enforcement. From a law
enforcement perspective, the author explores the practical challenges in
enforcing these statutes, and solutions to address them. Investigative
techniques and resources vary significantly across police departments,
as does training to identify and distinguish hate crimes from ordinary
crimes. There is high potential for law enforcement and prosecutors'
personal biases to effect the classification of crimes as hate crimes.
Law enforcement organizations are constantly faced with the dilemma of
what and how to enforce legislation.
This brief will be relevant for researchers in criminology and criminal
justice, policy makers involved in hate crime legislation, social
justice, and police-community relations, as well as related fields such
as sociology, public policy and demography.
