Groundbreaking Analysis of Hate Crime Laws Finds Limitations and Opportunities in the Face of Rising Hate Violence
With a riseinhate violence across the country, provides a groundbreaking analysis of state and federalhate crimelaws.The report features a foreword by Judy Shepard, mother of Matthew Shepard and Board/Chair President of the Matthew Shepard Foundation. .)
The partners releasing the report are: Anti-Defamation League,Asian Americans Advancing Justice – AAJC (Advancing Justice – AAJC),Equality FederationInstitute,James Byrd Jr. Center to Stop Hate at the Lawyers’ Committee for Civil Rights Under Law, Jews for Racial & Economic Justice, Lambda Legal, LatinoJustice PRLDEF, Matthew Shepard Foundation, National Black Justice Coalition, National Center for Lesbian Rights, National Center for Transgender Equality, National Council of Jewish Women, National Disability Rights Network, Sikh Coalition, IJʿ, and the Union of Reform Judaism. (.)
The reportprovidesa comprehensive look at both the opportunities and limitations of hate crime lawsas a means of preventing andaddressinghate violence.While responding to hate violence is imperative, the reportfinds that hate crime laws across the country are inconsistentand providecomplex and incomplete methods of addressing hate violence.Thisanalysiscomes amid a spike in hate crimesin recent years–and asthe country is examiningracial justice andracialbias in our criminal justice system.
“At a time of rising hate violence,we need tore-examine and expand ourresponses. Hate crime laws serve a necessary purpose, but they are inconsistent, sometimes flawed, and can evenharm the very communities they are meant to serve. We need to improve our hate crime laws and engage in broader solutionsto reducing hate in our country. Like any law, hate crime laws alone won’t fix a problem as large as rising hate violence,” said InekeMushovic, Executive Director of MAP, an independent think tank focused on equality for all.
“The IJʿ is pleased to partner with the Movement Advancement Project in support of their thoughtful and comprehensive new Policy Spotlight report on national hate crime laws. Under the Hate Crime Statistics Act of 1990 (HCSA), the FBI is required to compile hate crime data from the approximately 18,000 federal, state, university, city, and tribal law enforcement authorities and publish an annual report. Because reporting is voluntary, hate crimes are vastly underreported. MAP’s extensive research reveals substantial gaps in current federal and state hate crime data collection efforts; the study also elevates the need to address root causes of hate violence while promoting non-carceral responses to these bias-motivated crimes. By highlighting the limitations of hate crime laws enforced by the federal government and utilized by 46 states across the country, this inclusive report offers important policy recommendations for community-based victim services and prevention and restorative justice programs. The Policy Spotlight report is a vital resource that can contribute to federal hate crime data collection, as well as training and prevention efforts,” said Margaret Huang, CEO of the IJʿ.
Hate Crime LawsVaryWidelyAcross the Country
The report finds that the federal and state governments responses to hate violence vary widely. This complex patchwork means thatsomeone who experiences a hate crime may have a completely different set of protections, options, or access to resources depending onwherethe crime occurs.
It also provides an analysis of state hate crime statutes acrossmore than 10distinct characteristics.The common element acrossstatehate crime laws is the use of criminal punishment, typically through sentencingenhancements.
Challenges of Addressing Hate Violence Through the Criminal Justice System
Addressinghate violencewhen it happensis imperative. Statehate crime laws provideavenuesfor responding to hate crimes, but they alsohighlightthechallengesinherent in the criminal justice system.These challenges illustrate paths forward for both improving hate crime laws and responding more comprehensively to hate violence:
· Failing to address root causes of violence, as current hate crime laws focus on punishingpeople charged with hate crimes without challenging underlying biasesat the individual and broader societal levels.Additionally, harsher sentencing has not been shown to deter crime.
· Widespread bias in the criminal justice systemresults in significant racial disparities, as well asdisparities for LGBTQ people, people with disabilities, and low-income people. These areoften the very communities that are targeted for hate violence. Evidence shows that, for example, even thoughthe majority ofhate crimes are committed by white people, many states’ law-enforcement-recorded hate crimes disproportionately list Black people as offenders.
· Flaws in hate crime data collection and reporting are widespread,and the current system of federal data collection relies only on the voluntary participation of law enforcement. Additionally, victims of hate crimes may be wary of reporting the crime to the police if they do not trust the police.
· Changing the intent of the law,for example, by attempting to addpolice officers – a profession – as a protected classin hate crime laws,despite the fact thatall 50 states already have criminal statutes that specifically address and punish violence against a law enforcement officer.
Expanding Solutions to Address Hate Violence
Thereport highlightsopportunitiesforbothimproving hate crime lawsand bettersupporting communitiesaffected by hate violence:
· Investing in communities that are harmed by hate violence,such as people of color, LGBTQ people, people of minority faiths, and disabled people.Expanding nondiscrimination protectionsand investing in social safety netswill help reduce the instability caused by discrimination. In turn, this reducesvulnerable communities’ exposure to potential violence.
· Preventing violencethrough work that not only aims to reduce hate crimes, but also worksto reduce hate and violenceoverall.
· Improving law enforcement accountability and training, includingaddressing howlaw enforcementcan disproportionately harmvulnerable communities.
· Improving data collectioncan help connectpeople impactedby hate crimes toresources and support.More robust datacan alsosupport more tailored responses to hate violence, trackpotential disparities or bias in the enforcement of hate crime laws,andevaluate the efficacy of non-carceral responses to hate crime.
· Shifting focus toward support and healing, such as through expanded measures to support victims and survivors of hate crimes, community education and response strategies, and non-carceral approaches to justice.
“As our country continues to grapple withracialinjustice, bias in the criminal justice system, and rising hate violence againsttoomany communities, it is critical that we reexamine our responses to hate crimes. It’s clear that additional solutions are neededto address hate violence, including a careful review of how hate crime laws in their current and potential forms fit into the work of building safecommunitiesfor everyone,” saidMushovic.
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