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FREQUENTLY ASKED QUESTIONS ABOUT HATE CRIMES
> What is a hate crime?
> Why do hate crimes occur?
> Who commits hate crimes?
> Can a hate crime be committed against someone in a majority group?
> Are hate crimes decreasing or increasing?
> What can we do to prevent the spread of hate-motivated behavior?
> Do hate crimes laws threaten free speech and the First Amendment?
> Does Hate Crimes Prevention Legislation give certain groups special protection?
> Does including sexual orientation in Hate Crimes Prevention Legislation give homosexuals special protection?
Question: What is a hate crime?
Answer: These are crimes committed against individuals, groups or property based on race, religion, gender, sexual orientation, disability, national origin or ethnicity of the victim. This is the main difference between hate crimes and other crimes.
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Q: Why do hate crimes occur?
A: Hate crimes often occur as a result of prejudice and ignorance. A lack of understanding about differences among people and their traditions contributes to fear and intolerance. If this isn't addressed, these sentiments may often lead to acts of intimidation and ultimately hate-motivated violence.
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Q: Who commits hate crimes?
A: FBI data for 1999 identifies offenders by race and by the type of hate crime. In 1999, nearly 70 percent of hate crime offenders were white, 16 percent were black, 4 percent were multiracial and 2 percent were of Asian-Pacific Island origin. Another 1 percent were Native American and 9 percent of the lawbreakers were unknown. In general, most hate crimes are committed by previously law abiding young people harboring hatred for a particular group.
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Q: Can a hate crime be committed against someone in a majority group?
A: Yes. A hate crime is based on the victim's race, religion, gender, sexual orientation, disability, national origin or ethnicity.
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Q: Are hate crimes decreasing or increasing?
A: It's difficult to tell. Reporting hate crimes is a voluntary action taken by states and localities. Some states with clear histories of racial prejudice and intolerance have reported zero incidents of hate crimes. This doesn't mean that hate crimes don't exist in these areas; many victims are simply reluctant to come forward.
Although the Hate Crime Statistics Act was passed in 1990, states have only been collecting and reporting information since 1991. The number of nationwide incidences has drifted (annually) between 6,000 and 8,500. Again, this may be the reporting or non-reporting trend of different localities. In fact, seven states including the District of Columbia, reported fewer than 10 hate crimes incidents in 1999; and 8 of the most heavily populated cities in the U.S. did not participate in hate crimes reporting to the FBI at all. Large cities like Miami, Detroit and New Orleans reported having NO hate crime incidents in 1999.
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Q: What can we do to prevent the spread of hate-motivated behavior?
A: The most important thing is to educate young people about respecting others and celebrating diversity. Research shows that children between five and eight begin to place value judgments on people's similarities and differences. And, children's racial attitudes begin to harden by the fourth grade - making adult guidance very critical.
Talking openly and honestly with children about diversity, racism and prejudice is also key. In school, teachers and administrators should make the effort to dispel myths and stereotypes about members of certain groups.
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Q: Do hate crimes laws threaten free speech and the First Amendment?
A: Hate crime laws punish violent acts, not beliefs or thoughts. Hate Crimes Prevention Legislation doesn't punish, nor prohibit in any way, name-calling, verbal abuse or expressions of hatred even if such statements are considered hate speech. It covers only violent actions that result in death or bodily injury.
Nothing in this act would prohibit the lawful expression of a person's beliefs. People will always be free to say things like: "homosexuality is sinful"; "homosexuality is an abomination"; or "homosexuals will not inherit the kingdom of heaven."
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Q: Does Hate Crimes Prevention Legislation give certain groups special protection?
A: Hate crime statutes don't discriminate. It doesn't give one group, such as Latinos, special protection over whites. The laws protect all victims of bias crime. People who intentionally injure or kill others because of who they are, single out and separate some Americans from others.
The federal government -- through decades of civil rights and criminal law -- has a history of addressing crime that singles out individuals for violence in this way. Hate Crimes Prevention Legislation adds sexual orientation, gender and disability to the existing federal law regarding the authority of the government to investigate and prosecute these crimes. This authority already exists for crimes committed because of the victim's race, color, religion and national origin.
This legislation brings more fairness to the law. This isn't a penalty-enhancement statute. Congress addressed this issue by passing the Hate Crimes Sentencing Enhancement Act as part of the Violent Crime Control and Law Enforcement Act of 1994. The law already allows judges to impose harsher penalties for hate crimes, including those based on gender, disability and sexual orientation that occur on federal property, such as national parks.
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Q: Does including sexual orientation in Hate Crimes Prevention Legislation give homosexuals special protection?
A: There is nothing "special" about wanting to live free of violence in our society. Evidence shows that lesbian, gay and bisexual Americans are frequent targets of hate crimes. It would be inappropriate and irresponsible to leave this community out of the solution.
It's well established that the term "sexual orientation" means homosexuality, bisexuality and heterosexuality. In the Hate Crimes Statistics Act of 1990, the term "sexual orientation" is defined as "consensual homosexuality or heterosexuality." Also, the FBI collects statistics on hate crimes based on bisexuality.
Hate Crimes Prevention Legislation adds sexual orientation, gender and disability to existing federal law regarding the government's authority to the investigate and prosecute violent crimes. This authority already exists for crimes committed because of the victim's race, color, religion and national origin. Hate Crimes Prevention Legislation brings more uniformity and fairness to the existing law.
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