Hate crimes (also known as bias motivated crimes) occur when a perpetrator targets a victim because of his or her membership in a certain social group, usually defined by racial group, religion, sexual orientation, disability, ethnicity, nationality, age, gender, gender identity, or political affiliation. In Sociology, a group can be defined as two or more Humans that interact with one another accept expectations and obligations as members of the group and share a The term race or racial group usually refers to the concept of categorizing Humans into Populations or groups on the basis of various sets A religion is a set of Tenets and practices often centered upon specific Supernatural and moral claims about Reality, the Cosmos Sexual orientation is believed to refer to "an enduring pattern of emotional romantic and/or sexual attractions to men women or both sexes Nationality is a relationship between a Person and their State of Origin, Culture, association Affiliation and/or Loyalty Ageing or aging (American English is the accumulation of changes in an organism Gender comprises a range of differences between men and women extending from the biological to the social Gender identity (or core gender identity) is a person's own sense of Identification as Male or Female. A political party is a Political organization that seeks to attain and maintain political power within Government, usually by participating in electoral [1]
Hate crime can take many forms. Incidents may involve physical assault, damage to property, bullying, harassment, verbal abuse or insults, or offensive graffiti or letters. [2]
Concern about hate crimes has become increasingly prominent among policymakers in many nations and at all levels of government in recent years, but the phenomenon is not new. For the government of parliamentary systems see Executive (government. Examples from the past include Roman persecution of Christians, the Ottoman genocide of Armenians, and the Nazi "final solution" for the Jews, and more recently, the ethnic cleansing in Bosnia and genocide in Rwanda. The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial Persecution is the systematic mistreatment of an individual/group by another group Christianity ( Greek Χριστιανισμός from the word Xριστός ( Christ)is a monotheistic Religion centered on the life and teachings The Ottoman Empire (1299–1923 ( Old Ottoman Turkish: دولتْ علیّه عثمانیّه Devlet-i Âliye-yi Osmâniyye, Late Ottoman and Modern Turkish The Armenians (Հայեր Hayer) are a Nation and Ethnic group originating in the Caucasus and in the Armenian Highlands A large Nazism, which was a short name for National Socialism (Nationalsozialismus refers primarily to the Ideology and practices of the National Socialist German The Final Solution ( Die Endlösung) was Nazi Germany 's plan and execution of its systematic Genocide against European Jewry during World PLEASE TAKE NOTE************ Ethnic cleansing is a Euphemism referring to the persecution through imprisonment expulsion or killing of members of an ethnic minority by a majority to achieve ethnic homogeneity Bosnia and Herzegovina ( Latin script: Bosna i Hercegovina, Cyrillic script: Босна и Херцеговина is a country on the Balkan Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group The Republic of Rwanda (ruːˈændə or /rəˈwɑːndə/ in English ɾwanda or in Kinyarwanda is a small Landlocked country in the Hate crimes have shaped and sometimes defined world history. In the United States, racial and religious biases have inspired most hate crimes. The United States of America —commonly referred to as the As Europeans began to colonize the New World in the 16th and 17th centuries, Native Americans increasingly became the targets of bias-motivated intimidation and violence. The European peoples are the various Nations and Ethnic groups of Europe. See Colony and Colonization for examples of colonialism which do not refer to Western colonialism Native Americans in the United States are the indigenous peoples from the regions of North America now encompassed by the continental United States Intimidation (also called cowing) is intentional behavior "which would cause a person of ordinary sensibilities" fear of Injury or Harm. Violence is the exertion of force so as to injure or abuse The word is used broadly to describe the destructive action of natural phenomena like Storms and Earthquakes During the past two centuries, some of the more typical examples of hate crimes in the US include lynchings of African Americans, cross burnings to drive black families from predominantly white neighborhoods, assaults on gay, lesbian and transgender people, and the painting of swastikas on Jewish synagogues. Lynching is an Extrajudicial punishment meted out by a mob Lynching an enumerated Felony in some states in the United States, is defined by some African Americans or Black Americans are citizens or residents of the United States who have origins in any of the black populations of Africa Cross burning or cross lighting is a practice widely associated with the Ku Klux Klan as a reminder of faith Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, In the English language, gay is an Adjective that in modern usage refers to Homosexuality. A lesbian is a Woman who is romantically or sexually attracted only to other women Transgender (trænzˈdʒɛndɚ from ( Latin) derivatives The swastika (from Sanskrit: svástika sa स्वस्तिक Hindu IS CORRECT if 'ि' is positioned incorrectly see -->) is A synagogue (from Greek: grc συναγωγή transliterated synagogē, "assembly" he בית כנסת beit knesset, "house of [3]
In the United States, anti-Black bias was the most frequently reported hate crime motivation. (African-Americans constitute the second-largest minority group; Hispanics are the largest). [4] Of the nearly 8,000 hate crimes reported to the FBI in 1995, almost 3,000 of them were motivated by bias against African Americans. [5] Other frequently reported bias motivations were anti-white, anti-Jewish, anti-gay, and anti-Hispanic. [5]
Hate crime laws generally fall into one of several categories: (1) laws defining specific bias-motivated acts as distinct crimes; (2) criminal penalty-enhancement laws; (3) laws creating a distinct civil cause of action for hate crimes; and (4) laws requiring administrative agencies to collect hate crime statistics. [6] Sometimes (as in Bosnia and Herzegovina), the laws focus on war crimes, genocide, and crimes against humanity with the prohibition against discriminatory action limited to public officials. Bosnia and Herzegovina ( Latin script: Bosna i Hercegovina, Cyrillic script: Босна и Херцеговина is a country on the Balkan War crimes are "violations of the laws or customs of war" including but not limited to "murder the ill-treatment or deportation of civilian residents of an occupied Genocide is the deliberate and systematic destruction in whole or in part of an ethnic racial religious or national group In Public international law, a crime against humanity is an act of Persecution or any large scale atrocities against a body of people and is the highest level of [6]
Discriminatory acts constituting harassment or infringement of a person's dignity on the basis of origin, citizenship, race, religion, or sex (Penal Code Article 313). Courts have cited bias-based motivation in delivering sentences, but there is no explicit penalty enhancement provision in the Criminal Code. The government does not track hate crime statistics, although they are relatively rare. [6]
Armenia has a penalty-enhancement statute for crimes with ethnic, racial, or religious motives (Criminal Code Article 63). Armenia (Հայաստան transliterated: Hayastan,) officially the Republic of Armenia (Հայաստանի Հանրապետություն Hayastani [6]
Austria has a penalty-enhancement statute for crimes with racist or xenophobic motivation (Penal Code section 33(5)). Austria (Österreich ( officially the Republic of Austria (Republik Österreich [6]
Azerbaijan has a penalty-enhancement statute for crimes motivated by racial, national, or religious hatred (Criminal Code Article 61). Azerbaijan ( English; Azərbaycan officially the Republic of Azerbaijan (Azərbaycan Respublikası is the largest and most populous country in the South Murder and infliction of serious bodily injury motivated by racial, religious, national, or ethnic intolerance are distinct crimes (Article 111). [6]
Belarus has a penalty-enhancement statute for crimes motivated by racial, national, and religious hatred and discord. Belarus ( Belarusian Беларусь / Biełaruś is a Landlocked country in Eastern Europe, bordered by Russia to the north and east [7][6]
Belgium's Act of 25 February 2003 ("aimed at combating discrimination and modifying the Act of 15 February 1993 which establishes the Centre for Equal Opportunities and the Fight against Racism") establishes a penalty-enhancement for crimes involving discrimination on the basis of sex, supposed race, color, descent, national or ethnic origin, sexual orientation, civil status, birth, fortune, age, religious or philosophical beliefs, current or future state of health and handicap or physical features. The Kingdom of Belgium is a Country in northwest Europe. It is a founding member of the European Union and hosts its headquarters as well as those Events 138 - The Emperor Hadrian adopts Antoninus Pius, effectively making him his successor Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. Events 590 - Khosrau II is crowned as king of Persia 1637 - Ferdinand III becomes Holy Roman Emperor Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) The Act also "provides for a civil remedy to address discrimination. "[6] The Act, along with the Act of 20 January 2003 ("on strengthening legislation against racism"), requires the Centre to collect and publish statistical data on racism and discriminatory crimes. Events 250 - Emperor Decius begins a widespread persecution of Christians in Rome. Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. [6]
The Criminal Code of Bosnia and Herzegovina (enacted 2003) "contains provisions prohibiting discrimination by public officials on grounds, inter alia, of race, skin colour, national or ethnic background, religion and language and prohibiting the restriction by public officials of the language rights of the citizens in their relations with the authorities (Article 145/1 and 145/2). Bosnia and Herzegovina ( Latin script: Bosna i Hercegovina, Cyrillic script: Босна и Херцеговина is a country on the Balkan "[8]
Bulgarian criminal law prohibits certain crimes motivated by racism and xenophobia, but a 1999 report by the European Commission against Racism and Intolerance found that it does not appear that those provisions "have ever resulted in convictions before the courts in Bulgaria. The state of Bulgaria (България transliterated bg-Latn ''Balgaria'' The country preserves the traditions (in ethnic name language and alphabet of the First Bulgarian "[9]
Croatian law allows for consideration of any extenuating or aggravating circumstances in sentencing, but no explicit provision is made for bias-based motivations. Croatia (Hrvatska ˈxȓvatska officially the Republic of Croatia ( Republika Hrvatska) is a southern Central European country at the crossroads between [6]
"The Czech Criminal Code defines racist motivation as a specific aggravating circumstance that judges are required to take into account in sentencing, as well as defining specific racist acts as crimes. The Czech Republic ( ˈt͡ʃɛskaː ˈrɛpuˌblɪka short form in Česko ˈt͡ʃɛskɔ also called Czechia, Section 196 punishes 'violence against a group of inhabitants and against individuals on the basis of race, nationality, political conviction or religion. '"[6]
Although Denmark law does not include explicit hate crime provisions, "section 80(1) of the Criminal Code instructs courts to take into account the gravity of the offence and the offenders motive when meting out penalty, and therefore to attach importance to the racist motive of crimes in determining sentence. The Kingdom of Denmark ( ˈd̥ænmɑɡ̊ (archaic ˈd̥anmɑːɡ̊ commonly known as Denmark, is a country in the Scandinavian region of northern Europe "[10] In recent years judges have used this provision to increase sentences on the basis of racist motives. [11][6]
Since 1992, the Danish Civil Security Service (PET) has released statistics on crimes with apparent racist motivation. [6]
In England and Wales criminal actions are considered hate crimes if they are perceived by the victim or any other person as being motivated by prejudice and hatred. History The Roman occupation of Britain was the first period in which the area of present-day England and Wales was administered as a single unit (with the exception Hate crimes may be physical attack, verbal attack, threats or insults and will be considered a hate crime if they are motivated by the victims race, colour, ethnic origin, nationality or national origins, religion, gender or gender identity, sexual orientation or disability. Intimidation (also called cowing) is intentional behavior "which would cause a person of ordinary sensibilities" fear of Injury or Harm. An insult (also called putdown) is an expression statement or behavior that is considered degrading [2]
Finnish Penal Code 515/2003 (enacted January 31, 2003) makes "committing a crime against a person, because of his national, racial, ethnical or equivalent group" an aggravating circumstance in sentencing. Finland, officially the Republic of Finland ( is a Nordic country situated in the Fennoscandian region of northern Europe. Events 1504 - France cedes Naples to Aragon. 1606 - Gunpowder Plot: Guy Fawkes Year 2003 ( MMIII) was a Common year starting on Wednesday of the Gregorian calendar. [12][6] In addition, ethnic agitation (Finnish: kiihotus kansanryhmää vastaan) is criminalized and carries a fine or a prison sentence of not more than two years. Finnish ( or suomen kieli) is the language spoken by the majority of the population in Finland (92% As of 2006) and by ethnic Finns outside The prosecution need not prove that an actual danger to an ethnic group is caused but only that malicious message is emissioned. A more aggravated hate crime, warmongering (Finnish: sotaan yllyttäminen), carries a prison sentence of one to ten years. Warmonger is a BBC Books original novel written by Terrance Dicks and based on the long-running British science fiction television Finnish ( or suomen kieli) is the language spoken by the majority of the population in Finland (92% As of 2006) and by ethnic Finns outside However, in case of warmongering, the prosecution must prove an overt act that evidently increases the risk that Finland is involved in a war or becomes a target for a military operation. The act in question may consist of
In 2003, France enacted penalty-enhancement hate crime laws for crimes motivated by bias against the victim's actual or perceived ethnicity, nation, race, religion, or sexual orientation. The penalties for murder were raised from 30 years (for non-hate crimes) to life imprisonment (for hate crimes), and the penalties for violent attacks leading to permanent disability were raised from 10 years (for non-hate crimes) to 15 years (for hate crimes). [6]
"There is no general provision in Georgian law for racist motivation to be considered an aggravating circumstance in prosecutions of ordinary offenses. Certain crimes involving racist motivation are, however, defined as specific offenses in the Georgian Criminal Code of 1999, including murder motivated by racial, religious, national or ethnic intolerance (article 109); infliction of serious injuries motivated by racial, religious, national or ethnic intolerance (article 117); and torture motivated by racial, religious, national or ethnic intolerance (article 126). ECRI reported no knowledge of cases in which this law has been enforced. There is no systematic monitoring or data collection on discrimination in Georgia. "[6]
The German Criminal Code permits the motives and aims of the criminal, including racist motives, to be taken into account in sentencing. The Strafgesetzbuch is the name of the German, Swiss, Liechtenstein and Austrian Criminal law. [6]
Article Law 927/1979 "Section 1,1 penalises incitement to discrimination, hatred or violence towards individuals or groups because of their racial, national or religious origin, through public written or oral expressions; Section 1,2 prohibits the establishment of, and membership in, organisations which organise propaganda and activities aimed at racial discrimination; Section 2 punishes public expression of offensive ideas; Section 3 penalises the act of refusing, in the exercise of one’s occupation, to sell a commodity or to supply a service on racial grounds. "[14] Public prosecutors may press charges even if the victim does not file a complaint. However, as of 2003, no convictions had been attained under the law. [15]
Violent action, cruelty, and coercion by threat made on the basis of the victim's actual or perceived national, ethnic, or religious status are punishable under article 174/B of the Hungarian Criminal Code. Hungary (Magyarország 'mɔɟɔrorsaːg) officially in English the Republic of Hungary ( Magyar Köztársaság, literally Magyar (Hungarian Republic [6]
Section 233 of the Icelandic Penal Code states "Anyone who in a ridiculing, slanderous, insulting, threatening or any other manner publicly assaults a person or a group of people on the basis of their nationality, skin colour, race, religion or sexual orientation, shall be fined or jailed for up to 2 years. " (The word "assault" in this context does not refer to physical violence, only to expressions of hatred. )
Icelandic Penal Code (in Icelandic)
"The Prohibition of Incitement to Hatred Act 1989 makes it an offense to incite hatred against any group of persons on account of their race, color, nationality, religion, ethnic or national origins, or membership of the Traveller community, an indigenous minority group. "[6]
Ireland does not systematically collect hate crime data. Ireland (pronounced /ˈaɾlənd/ Éire) is the third largest island in Europe, and the twentieth-largest island in the world [6]
Italian criminal law, at Section 3 of Law No. 205/1993, contains a penalty-enhancement provision for all crimes motived by racial, ethnic, national, or religious bias. [6]
In Kazakhstan, there are constitutional provisions prohibiting propaganda promoting racial or ethnic superiority. Kazakhstan, also Kazakstan ( Қазақстан, Qazaqstan, qɑzɑqˈstɑn Казахстан, Kazakhstán,) officially the [6]
In Kyrgyzstan, "the Constitution of the State party prohibits any kind of discrimination on grounds of origin, sex, race, nationality, language, faith, political or religious convictions or any other personal or social trait or circumstance, and that the prohibition against racial discrimination is also included in other legislation, such as the Civil, Penal and Labour Codes. Kyrgyzstan (ˈkɻ̩gɪztɑn (AmE or /'kɝgəztan/ (BrE Kyrgyz: Кыргызстан; Russian: Киргизия or Киргизстан or Кыргызстан "[16]
Article 299 of the Criminal Code defines incitement to national, racist, or religious hatred as a specific offense. This article has been used in political trials of suspected members of the banned organization Hizb-ut-Tahrir. Hizb ut-Tahrir (حزب التحرير Party of Liberation is an international Pan-Islamist, Sunni, vanguard political party whose goal is to combine all Muslim [6][17]
In Scottish Common law the courts can take any aggravating factor into account when sentencing someone found guilty of an offence. Scotland ( Gaelic: Alba) is a Country in northwest Europethat occupies the northern third of the island of Great Britain. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive There is specific legislation dealing with the offences of incitement of racial hatred, racially-aggravated harassment and offences aggravated by religious prejudice. A Scottish Executive working party examined the issue of hate crime and ways of combating crime motivated by social prejudice, reporting in 2004. The Scottish Government (SG ( Scottish Gaelic: Riaghaltas na h-Alba) is the executive arm of the government of Scotland. [18] Its main recommendations were not implemented, but in their manifestos for the Scottish Parliament election, 2007 several political parties included commitments to legislate in this area, including the Scottish National Party who now form the Scottish Government. The 2007 Scottish Parliament election was held on Thursday 3 May 2007 to elect members to the Scottish Parliament The Scottish National Party (SNP (Pàrtaidh Nàiseanta na h-Alba Scottis Naitional Pairtie is a Centre-left political party which campaigns for Scottish The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced on 19 May 2008 by Patrick Harvie MSP [19], having been prepared with support from the Scottish Government. Patrick Harvie (born 18 March 1973 in Vale of Leven, Dunbartonshire) is a Scottish Green Party politician and Member of the Scottish Parliament
Article 22(4) of the Spanish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's ideology, beliefs, religion, ethnicity, race, nationality, gender, sexual orientation, illness, or disability. [6]
Article 29 of the Swedish Penal Code includes a penalty-enhancement provision for crimes motivated by bias against the victim's race, color, nationality, ethnicity, religion, or "other circumstance" of the victim. [6]
Albania, Cyprus, Estonia, San Marino, and Slovenia have no hate crime laws. This article is about the country in southern Europe For a topic outline on this subject see List of basic Albania topics. Cyprus (Κύπρος transliterated: Kýpros,; Kıbrıs officially the Republic of Cyprus (Κυπριακή Δημοκρατία Kypriakī́ Dīmokratía Estonia, officially the Republic of Estonia ( Eesti or Eesti Vabariik) is a Country in Northern Europe in the Baltic region The Most Serene Republic of San Marino (Serenissima Repubblica di San Marino is a country in the Apennine Mountains. Slovenia, officially the Republic of Slovenia (Republika Slovenija) is a Country in southern Central Europe bordering Italy to the west [6]
Since 1966 the Canadian Criminal Code has included a penalty-enhancement provision for crimes "motivated by bias, prejudice or hate based on racial group, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or any other similar factor. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page "[20] The Code also "punishes anyone who advocates or promotes genocide, with genocide defined to require that acts be committed with the intent to destroy in whole or in part any identifiable group. Identifiable group, in turn, is defined to mean any section of the public distinguished by skin color, racial group, religion, ethnic origin or sexual orientation. Section 319, adopting the same definition of identifiable group, punishes the incitement or expression of hatred against such a group. "[6] Civil remedies are also available in Canada for discriminatory acts. [6]
As defined in the 1999 National Crime Victim Survey, "A hate crime is a criminal offense committed against a person or property motivated, in whole or in part, by the offender's bias against a racial group, religion, ethnicity, gender, sexual preference, or disability. Hate crime laws in the United States (also known as bias crimes) protect against crimes motivated by enmity or animus against a protected class The offense is considered a hate crime whether or not the offender's perception of the victim as a member or supporter of a protected group is correct. "[21]
In the United States federal prosecution is possible for hate crimes committed on the basis of a person's race, color, religion, or nation origin when engaging in a federally protected activity. The United States of America —commonly referred to as the As of October 2007, Congress is considering the Matthew Shepard Act (Local Law Enforcement Hate Crimes Prevention Act of 2007), legislation that would add gender, gender identity, sexual orientation, and disability to the list. The United States Congress is the bicameral Legislature of the federal government of the United States of America, consisting of two houses The Matthew Shepard Act (officially the Local Law Enforcement Hate Crimes Prevention Act of 2007 or LLEHCPA was a proposed federal bill that would expand the 1969 United Gender comprises a range of differences between men and women extending from the biological to the social Gender identity (or core gender identity) is a person's own sense of Identification as Male or Female. Sexual orientation is believed to refer to "an enduring pattern of emotional romantic and/or sexual attractions to men women or both sexes
Forty-five states and the District of Columbia have statutes criminalizing various types of hate crimes. Washington DC ( formally the District of Columbia and commonly referred to as Washington, the District, or simply D Thirty-one states and the District of Columbia have statutes creating a civil cause of action in addition to the criminal penalty for similar acts. Twenty-seven states and the District of Columbia have statutes requiring the state to collect hate crime statistics[22]
According to the FBI Hate Crime Statistics report for 2006, hate crimes increased nearly 8 percent nationwide, with a total of 7,722 incidents and 9,080 offenses reported by participating law enforcement agencies. Of the 5,449 crimes against persons, 46 percent were classified as intimidation and 31. 9 percent as simple assaults. 81 percent of the 3,593 crimes against property were acts of vandalism or destruction. 58. 6 percent of the 7,330 known offenders were white and 20. 6 black. More than half, 52 percent, of the 9,652 victims identified were targeted because of racial group. [23]
Justifications for harsher punishments for hate crimes focus on the notion that hate crimes cause greater individual and societal harm. In Wisconsin v. Mitchell, the Supreme Court of the United States unanimously found that "bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest. Wisconsin v Mitchell, 508 US 476 ( 1993) was a decision of the United States Supreme Court. The Supreme Court of the United States is the highest judicial body in the United States and leads the federal judiciary. . . . The State's desire to redress these perceived harms provides an adequate explanation for its penalty-enhancement provision over and above mere disagreement with offenders' beliefs or biases. As Blackstone said long ago, 'it is but reasonable that, among crimes of different natures, those should be most severely punished which are the most destructive of the public safety and happiness. Sir William Blackstone (originally pronounced Blexstun ( 10 July 1723 &ndash 14 February 1780) was an English Jurist and '"[24] It is said that, when the core of a person’s identity is attacked, the degradation and dehumanization is especially severe, and additional emotional and physiological problems are likely to result. Dehumanization is a process by which members of a group of people assert the "inferiority" of another group through subtle or overt acts or statements Society then, in turn, can suffer from the disempowerment of a group of people. Empowerment refers to increasing the spiritual, political, Social or economic strength of individuals and communities Furthermore, it is asserted that the chances for retaliatory crimes are greater when a hate crime has been committed. The riots in Los Angeles, California, that followed the beating of Rodney King, a Black motorist, by a group of White police officers are cited as support for this argument. Riots are a form of Civil disorders characterized by disorganized groups lashing out in a sudden and intense rash of Violence, Vandalism or other Los Angeles (lɑˈsændʒələs los ˈaŋxeles in Spanish) is the largest City in the state of California and the American West White People is the second album by Handsome Boy Modeling School. [3]
The U. S. Supreme Court unanimously found that penalty-enhancement hate crime statutes do not conflict with free speech rights because they do not punish an individual for exercising freedom of expression; rather, they allow courts to consider motive when sentencing a criminal for conduct which is not protected by the First Amendment. Freedom of speech is the freedom to speak freely without Censorship or Limitation. Freedom of speech is the freedom to speak freely without Censorship or Limitation. [24]
When it enacted the Hate Crimes Act of 2000, the New York State Legislature found that:
Hate crimes do more than threaten the safety and welfare of all citizens. New York ( is a state in the Mid-Atlantic and Northeastern regions of the United States and is the nation's third most populous They inflict on victims incalculable physical and emotional damage and tear at the very fabric of free society. Crimes motivated by invidious hatred toward particular groups not only harm individual victims but send a powerful message of intolerance and discrimination to all members of the group to which the victim belongs. Unlike most discrimination policies discrimination between, which is the discernment of qualities and recognition of the differences focused here discrimination against is Hate crimes can and do intimidate and disrupt entire communities and vitiate the civility that is essential to healthy democratic processes. Democracy is a form of government in which the supreme power is held completely by the people under a free electoral system In a democratic society, citizens cannot be required to approve of the beliefs and practices of others, but must never commit criminal acts on account of them. Current law does not adequately recognize the harm to public order and individual safety that hate crimes cause. Safety is the state of being "safe" (from French sauf) the condition of being protected against physical social spiritual financial political Therefore, our laws must be strengthened to provide clear recognition of the gravity of hate crimes and the compelling importance of preventing their recurrence. Accordingly, the legislature finds and declares that hate crimes should be prosecuted and punished with appropriate severity. "[25]
The U. S. Supreme Court unanimously found that hate crime statutes which criminalize bias-motivated speech or symbolic speech conflict with free speech rights because they isolated certain words based on their content or viewpoint . [26]
Some have argued hate crime laws bring the law into disrepute and further divides society, as groups apply to have their critics silenced. [27] Some have argued that if it is true that all violent crimes are the result of the perpetrator's contempt for the victim, then all crimes are hate crimes. Thus if there is no alternate rationale for prosecuting some people more harshly for the same crime based on who the victim is, then different defendants treated unequally under the law, which violates the United States Constitution. The Constitution of the United States of America is the supreme Law of the United States. [28]