Summary
Hate crimes affect the lives of many people in different corners of the world. Sherry defines “a hate crime as a criminal offense motivated by enmity, hatred, or apathy and sometimes involves violence” (12). This kind of violence occurs when an individual target another based on his or her membership to a specific race, sex, group, nationality, or religion (Sherry 18). Some common incidents associated with this form of crime include “bullying, harassment, and verbal abuse” (Shively and Mulford 9). This essay gives a detailed analysis of the major laws developed by the United States regarding the issue of hate crime.
History of Hate Crime
Events that can be termed as hate crimes have been experienced for very many decades in different regions. For instance, the persecution of Christians by the Romans during the 1st century can be described as a hate crime. The Nazi’s medical experiments and atrocities can also be termed hate crimes. However, the term hate crime became common in the American justice system in the 1980s (Shively and Mulford 10).
Initially, the word lynch was used to describe every kind of action amounting to hatred and prejudice. Individuals who committed similar criminal acts were either coerced or flogged (Sherry 93). The term lynch was later replaced by ordinary justice (Shively and Mulford 11). Cases associated with ordinary justice revolved around the oppression of African Americans in the different southern states. In the 1980s, a new definition of crimes associated with prejudice and hatred emerged.
Statistics today indicate that most of the hate-related offenses in America have been committed against minority groups (Sherry 48). Historians and legal experts have indicated that the history of hate crimes in the US is something founded on slavery. Similar crimes have been committed against “Muslims, Hispanics, LGBTs (lesbian, gay, bisexual, and transgender groups), and Jews” (Aoronson 17).
Case Decisions Affecting the Topic
The evolution of hate crimes has played a major role in reshaping the legal aspects associated with it. The first landmark legislation that governed the issue of hate crime was the Civil Rights Act of 1968 (Till-Mobley and Benson 39). This Act “empowered the judicial system to prosecute citizens who intimidated, injured, or affected the lives of other persons willingly based on race or nationality” (Aoronson 83).
The next legislation was the Violent Crime Control and Law Enforcement Act of 1994 which focused on the problem of hate crimes in the US. The law empowered the Sentencing Commission to increase penalties for crimes committed by individuals on the basis of a person’s gender, color, ethnicity, sexual orientation, background, religion, or gender (Aoronson 19). This Act made it easier for the Sentencing Commission to identify appropriate guidelines for dealing with hate crimes and offenses. In 2009, the country “enacted the Matthew Shepard and James Byrd Hate Crimes Prevention Act” (Till-Mobley and Benson 46). This Act expanded the existing hate crime legislation. The Act is used to prosecute individuals who commit various hate crimes (Till-Mobley and Benson 52).
As well, a number of cases have reshaped the legal issues associated with hate crimes in the country. For example, the decision issued by the 6th Circuit Court of Appeals in Miller v. the United States indicated that every violent act performed by individuals because of religion was punishable (Aoronson 35). Individuals who violate the existing hate crimes statutes now have higher chances of being prosecuted. Kathryn Miller (and others) was sentenced to over a year in prison.
In United States v. Cannon, the US Court of Appeal upheld a decision banning every racially-motivated crime in the country (Newton 74). The ruling was guided by the Thirteenth Amendment. It explained why slavery and different forms of involuntary servitude were unacceptable (Newton 83). This ruling showed clearly that it was the time for the country to punish individuals who committed racially-motivated offenses and crimes.
The other famous case in the United States v. Mullet whereby “the court was opposed to the defendant’s motion for bond pending appeal” (Newton 39). Samuel Mullet, the defendant, had been convicted of several felony crimes. The defendant had been “convicted of willingly causing injury based on a person’s religious affiliation and obstruction of justice” (Aoronson 64). The defendant’s request to be released was denied by the District Court. Mullet had committed crimes of violence and therefore it was appropriate to prosecute him.
Impact on Criminal Justice
The above cases and court decisions have significantly impacted criminal justice in the United States. For instance, the rulings and decisions of the Circuit Court of Appeals show clearly that hate crimes in the United States are taken more seriously than ever before. The criminal justice system in the country has been influenced by landmark cases such as the United States v. Cannon and United States v. Miller (Newton 98). The rulings in these cases have reshaped the understanding of various hate crimes. Such cases will also be used by future judges to punish more culprits.
As well, different legislations such as the Thirteenth Amendment, the Violent Crime Control and Law Enforcement Act of 1994, and the Civil Rights Act of 1968 have played significant roles in influencing the criminal justice processes associated with hate crimes (Sherry 69). However, many analysts still believe that the country’s criminal justice system has remained biased. This is the case because more minority groups have been targeted for various criminal offenses.
Personal Opinion
The topic of hate crime in the United States will continue to take different shapes in the country’s criminal justice system. Over the years, individuals from minority groups have encountered numerous challenges and oppressions. Many African Americans and minority groups have also been oppressed within the criminal justice system. The criminal justice system has failed to protect the rights of these groups for very many decades (Shively and Mulford 8). Nonetheless, recent developments, legislations, and case rulings have continued to transform the future of hate crime in the United States. Most of these developments are empowering more individuals and protecting them from prejudice-motivated crimes.
From a personal perspective, I strongly believe that different case decisions have reshaped the future of this topic. Several case rulings have indicated that individuals committing various hate crimes will eventually pay for their crimes. As well, victims will get justice if the criminal justice system continues to embrace the best practices. The above case decisions show clearly that the issue of hate crime is taking a positive path in the US. More people will no longer be “oppressed and abused because of their membership in certain social groups” (Shively and Mulford 12). However, a lot needs to be done in order to safeguard the freedoms of every American citizen. More people will no longer be abused because of their religious, sexual, language, physical, or national affiliations.
Works Cited
Aoronson, Ely. From Slave Abuse to Hate Crime. New York, NY: Cambridge University Press, 2014. Print.
Newton, Michael. Hate Crime in America, 1968-2013: A Chronology of Offenses, Legislation and Related Events. New York, NY: McFarland & Company, 2014. Print.
Sherry, Mark. Disability Hate Crimes: Does Anyone Really Hate Disabled People. Burlington, VT: Ashgate Publishing, 2012. Print.
Shively, Michael and Carrie Mulford. “Hate Crime in America: The Debate Continues.” NIJ Journal 1.257 (2012): 7-13. Print.
Till-Mobley, Marnie and Christopher Benson. Death of Innocence: The Story of the Hate Crime that Changed America. New York, NY: Random House, 2011. Print.
United States v. Cannon. No. 12-20514. Court of Appeals of the US, 2014.
United States v. Miller. No. 13-3177. Court of Appeals of the US, 2014.
United States v. Mullet. No. 13-3205. Court of Appeals of the US, 2014.