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Hate crime legislation effective
Law essay hate crimes
Introduction into hate crime in the USA
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On June 7, 1998, 49-year-old James Byrd Jr. of Texas accepted a ride from three white men, who then beat him severely, urinated on him, chained him by his ankles to the back of their pick-up truck, dragged him for three miles into the countryside, and dumped his corpse in front of an African-American cemetery (Graczyk). A little over a year later, a jury sentenced ring leader John King to death by lethal injection (“Man Executed for Dragging Death of James Byrd”). While this particular case may give the appearance that perpetrators of hate crimes receive appropriate punishment, almost a decade later, one particular case demonstrates the inequity in the application of hate crime punishments: In 2007, Sean Kennedy of Charleston, South Carolina, left a bar around 3:45 am and was confronted by Stephen Moller, who called him a “faggot” and then punched him so hard in the face that his facial bones broke and he fell backward onto the pavement, cracking his skull and dislocating his brain from the brain stem. Kennedy was taken off life support later that day. Moller was initially charged with his death, but the charges were reduced to manslaughter without the hate crime attachment, and he was sentenced to only 5 years. With good behavior and other benefits, Moller served a little over 1 year for the death of Sean Kennedy (Algren). Lawmakers need to clearly define and identify a hate crime and require more severe punishments for those crimes because past and current laws are deficient, unequally applied, and too broad to be applied and enforced appropriately. The FBI started investigating “hate crimes” in the early 1920’s when it opened the first case against the Ku Klux Klan. In 1990, the FBI passed the Hate Crime Statistics Act,... ... middle of paper ... ...2011. 30 Oct 2011. execution_1_lawrence-russell-brewer-john-william-king-shawn- berry?_s=PM:JUSTICE>. Shepard, Judy. "Matthew Shepard Foundation » Our Story." Matthew Shepard Foundation -. Matthewshepard.org. Web. 06 Dec. 2011. . "Rodney King Beating: MARCH 19, 1991." Prop1.org, 19 Mar 1991. 02 Nov 2011. . Turley, Jonathan. "Prosecutors Consider Hate Crime Charges in Clementi Case.” Jonathanturley.org. 3 Oct 2010. 26 Oct 2011. . Wellman, Christopher Heath. “Hate Crimes Deserve Harsher Punishment.” At Issue: What is a Hate Crime?Ed. Robert Winters.Detroit, MI: Greenhaven Press, 2007. 24-36.
The hypocrisy and double standard that allowed whites to bring harm to blacks without fear of any repercussions had existed for years before the murder Tyson wrote about occurred in May of 1970 (Tyson 2004, 1). Lynching of black men was common place in the south as Billie Holiday sang her song “Strange Fruit” and the eyes of justice looked the other way. On the other side of the coin, justice was brought swiftly to those blacks who stepped out of line and brought harm to the white race. Take for instance Nate Turner, the slave who led a rebellion against whites. Even the Teel’s brought their own form of justice to Henry Marrow because he “said something” to one of their white wives (1).
In June of 1998, a sadistic murder of a middle-aged black man from Jasper, Texas, rekindled memories of lynching practices from the blood stained American past. James Byrd, Jr., 49, was beaten savagely to the point of unconsciousness, chained to the back of a pickup truck by his neck, and dragged for miles over rural roads outside the town of Jasper. It is believed that Byrd survived through most of this experience, that is, until he was decapitated. Three white men, John William King, 23, Shawn Berry, 23, (both of whom had links to white supremacist groups) and Lawrence Brewer Jr., 31, were arrested. Brewer and King were sentenced to death for a racial hate crime that shocked the nation. Berry was sent to prison for life.
"Hate Crimes up in Wake of Terrorist Attacks." CNN.com. Cable News Newtwork, 16 Sept. 2001.
According to Petrosino (2003: 10) hate crimes can be defined as "..the victimisation of minorities due to their racial or ethnic identity by members of the majority. " (p. 4) Hate crimes are also known as bias-motivated crimes because the crimes are motivated by a bias towards a person or persons including but not limited to those of a different gender, ethnic background, religion, or sexual orientation. Hate crimes are quite serious and have severe and long lasting-effects for the targeted victims. Due to the severe nature of the crimes many countries have strict laws in place to punish offenders. Hate crime is not widely discussed in Canadian society because it has not been a prominent issue until now. “..The extent of the problem in Canada was limited to a small number of persons, such activity could create a climate of malice and destructiveness to the values of our society (Cohen Report, 1966:24). As a result of the committee’s efforts, Parliament amended the Criminal Code in 1970, thus rendering hate propaganda as a punishable offence (Law Reform Commission of Canada, 1986:7)
“…Everybody jumped on him, and beat him senseless… Everybody was hitting him or kicking him. One guy was kicking at his spine. Another guy was hitting him on the side of his face… he was unconscious. He was bleeding. Everybody had blood on their forearms. We ran back up the hill laughing… He should have died… He lost so much blood he turned white. He got what he deserved…” (Ridgeway 167). The skinheads who were beating this man up had no reason to do so except for the fact that he was Mexican. Racism in this day and age is still as big of a problem as it was in the past, and as long as hate groups are still around to promote violence, society is never going to grow to love one another.
While in prison criminals become part of the gang or a member of the gang's victim pool. Race and culture seem to be the major factors in the victimization of inmates. The inmate may not be racist when he enters the system, however the need for survival against other inmates may force these characteristics to become more prominent. In the summer of 1998, a young man named William King was convicted and sentenced to death for the murder of James Byrd Jr. Byrd was a black man from Jasper County, Texas, whom was bound at the ankles and dragged to death behind a truck. Why would this young man commit such a terrible and seemingly racist crime? Most would agree that it was his time spent in prison that led William King to take the life of James Byrd Jr. Friends and family of William stated that he was a pleasant before he went to prison for burglary. When he was released, he was a different person who spoke about white supremacy and was anxious to initiate his own supremacist gang. King’s defense attorney explained that it was the high rate of violence in the Texas correctional institute that caused him to become a gang member for a sense of security. William's defense attorney argued that he was merely a victim of the deteriorating prison system in this country (Racism, tolerance, and perfected redemption: A rhetorical critique of the dragging trial, Larry A. Williamson, 2009). The reality of prison gangs is nearly impossible to ignore. King's story, although not a defense for his crime, sheds light on today's prisons and the gangs within them. Newly admitted convicts are often victimized to no end until they join a group or gang that displays power and their intentions to survive prison life. Violence, rape, and murder are just a fe...
Race plays a large factor in showing how you are viewed in society. Although there is no longer slavery and separate water fountains, we can still see areas of our daily life clearly affected by race. One of these areas is the criminal justice system and that is because the color of your skin can easily yet unfairly determine if you receive the death penalty. The controversial evidence showing that race is a large contributing factor in death penalty cases shows that there needs to be a change in the system and action taken against these biases. The issue is wide spread throughout the United States and can be proven with statistics. There is a higher probability that a black on white crime will result in a death penalty verdict than black on black or white on black. Race will ultimately define the final ruling of the sentence which is evident in the racial disparities of the death penalty. The amount of blacks on death row can easily be seen considering the majority of the prison population is black or blacks that committed the same crime as a white person but got a harsher sentence. The biases and prejudices that are in our society relating to race come to light when a jury is selected to determine a death sentence. So what is the relationship between race and the death penalty? This paper is set out to prove findings of different race related sentences and why blacks are sentenced to death more for a black on white crime. Looking at the racial divide we once had in early American history and statistics from sources and data regarding the number of blacks on death row/executed, we can expose the issues with this racial dilemma.
When the topic of hate and bias crime legislation is brought up two justifications commonly come to mind. In her article entitled “Why Liberals Should Hate ‘Hate Crime Legislation” author Heidi M. Hurd discusses the courts and states views that those who commit hate and bias crimes ought to be more severely punished. She takes into consideration both sides of the argument to determine the validity of each but ultimately ends the article in hopes to have persuaded the reader into understanding and agreeing with her view that laws concerning the punishment of hate and bias laws should not be codified. Hate crime is described as a violent, prejudice crime that occurs when a victim is targeted because of their membership in a specific group. The types of crime can vary from physical assault, vandalism, harassment or hate speech. Throughout the article Hurd tried to defend her view and explain why there should be no difference of punishment for similar crimes no matter the reason behind it. Her reason behind her article came from the law that President Obama signed in 2009 declaring that crimes committed with hatred or prejudice should have more sever punishments. While the court has their own views to justify their reasoning behind such decisions, in the article Hurd brings up points and facts to prove the wrongfulness of creating such a law. However, though Hurd has made her views clear in the following essay I will discuss reasons why the penalties are justifiable, why they should receive the same degree of punishment, less punishment and my personal view on the topic.
"Southern Poverty Law Center." FBI: Dramatic Spike in Hate Crimes Targeting Muslims. Southern Poverty Law Center /Intelligence Report, 06 Apr. 2012. Web. 23 Mar. 2014.
There are both state and federal laws that prohibit hate crimes, but proving an assailant committed a crime in prejudice is very difficult. Any type of crime can call for some form of punishment, from fines and short prison stays for misdemeanors to long term imprisonment for felonies. Once it has been reviled that an accused willfully committed an offense, proof must be given that indicates the crime was influenced by prejudice against a specific characteristic in order to show that it was also a hate crime. When this can be proven, the harshness of the crime automatically increases. People often wonder why hate crime punishment is harsher than for crimes that are not motivated by any type of bias. The basic reason for this is that most crimes are directed at an individual, but hate crimes are against an entire community. A burglar who breaks into a random home does so for personal gain, and usually doesn’t even know who lives in the home they are invading. Conversely, a person who chooses a victim based on a particular bias is singling out a ch...
King, Ryan D., Steven. F Messner, Robert D. Baller. 2009. “Contemporary Hate Crimes, Law Enforcement and the Legacy of Racial Violence.” American Sociological Association. 74: 291-315.
Scapegoating is when a person irrationally blames their failures on others, therefore not taking responsibility themselves. The “scapegoating theory says that prejudiced people believe they are society’s victims” (Schaefer 38). It is always someone else’s fault that things do not go their way and the person “… transfers the responsibility for failure to some vulnerable group” (Schaefer 38).
Someone commits a hate crime every hour. In the most recent data collection, 2014, a reported 17, 876 hate crimes were committed. This is a national crisis that we cannot allow to continue.
There are many who believe hate crime should be punished more severely since it ‘’has the potential to cause greater harm.’’ (Hate Crime Laws, 2014) Hate crimes, like racial discrimination, have unfortunately been a part of this country for centuries, racial discrimination was rampant in the 19th and 20th century, but mostly in the south; many segregation laws were created at the time ‘’that banned African Americans from voting, attending certain schools, and using public accommodations. ’’ (Hate Crime Laws, 2014)
For instance, the 1972 Furman V. Georgia case abolished the death penalty for four years on the grounds that capital punishment was extensive with racial inequalities (Latzer 21). Over twenty five years later, those inequalities are higher than ever. The statistics says that African Americans are twelve percent of the U.S. population, but are 43 percent of the prisoners on death row. Although blacks make up 50 percent of all murder victims, 83 percent of the victims in death penalty cases are white. Since 1976 only ten executions involved a white defendant who had killed a bl...