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NCJ Number: 150228 Find in a Library
Title: Hate Crimes Laws: A Comprehensive Guide
Author(s): S M Freeman; D N Kaminer
Date Published: 1994
Page Count: 45
Sponsoring Agency: Anti-Defamation League
New York, NY 10158-3560
Sale Source: Anti-Defamation League
605 Third Avenue
New York, NY 10158-3560
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This guide to hate crime laws covers model legislation of the Anti-Defamation League (ADL), constitutional challenges to hate crime legislation, and Federal and State hate crime initiatives.
Abstract: The ADL's model legislation deals with institutional vandalism, intimidation, civil action, and bias crime reporting and training, and many States have enacted laws based on or similar to the ADL model. State hate crime laws are of three basic types: (1) statutes prohibiting intimidation or interference with civil rights; (2) statutes creating separate bias-motivation crimes; and (3) penalty enhancement provisions. In prosecuting hate crimes, States must show that the defendant had specific intent, that the defendant's bias-motivation was substantial, and that the element of bias-motivation can be proven beyond a reasonable doubt. Constitutional challenges to hate crime laws are generally based on free speech, due process, and equal protection issues. Court cases are described that involved the constitutionality of State hate crime laws in Florida, Idaho, Illinois, Iowa, Maryland, Michigan, Missouri, New Jersey, New York, Ohio, Oregon, Vermont, and Washington. Alternative sentencing for hate crime perpetrators is discussed, particularly for juvenile offenders. The option of offering rewards for information leading to the arrest and conviction of individuals involved in hate crimes is evaluated, as well as the feasibility of civil action. Federal initiatives are noted, including the Hate Crimes Sentencing Enhancement Act, the Hate Crime Statistics Act, and the Juvenile Justice and Delinquency Prevention Act. Supplemental information on statutory provisions of State hate crime laws and a list of selected resources on hate violence prevention are appended.
Main Term(s): Victims of Crime
Index Term(s): Bias related violence; Criminology; Discrimination; Federal regulations; Hate Crimes; State laws; State-by-state analyses; Violence prevention
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