Fight Against Hate Crimes: An In-Depth Study of State Hate Crime Laws

• In Event: Anti-Asian Racism and Violence (Organized by Korean Society of Criminology in America (KoSCA))

Abstract

Despite the recent federal action, including a Covid-19 Hate Crimes Act signed by President Joe Biden in May 2021, state laws are still far from comprehensive nor consistent to deal with “hate crimes.” Most states have their own version of the “hate crime” law, yet variations in their key dimensions vary widely from state to state. The purposes of the research have two folds: systematic analysis of legal preparedness to combat hate crimes and suggestion of best practices from analyses. Our analysis focuses on commonalities and differences of hate crime laws in each state. Through the systematic review, key dimensions of the statutes would be classified and analyzed in this study. For instance, most state statutes include some forms of penalty enhancements for certain actions motivated by bias. However, the specificity of penalty enhancement also varies by state. Protected classes (e.g., race, color, national origin, religion, age, disability, sex, gender identity, etc.) are explicitly listed in many statutes, but not all, and not always all groups of protected classes. This research also identifies variations in statute type, sentencing options, civil actions, criminal punishment, victim protections. Further, this research will locate the exemplary practices in all key dimensions by using the bests from various states. These sample statues in key dimensions will provide a form of benchmark for future development of hate crime law not only in the US but also abroad.

Authors

• MoonSun Kim, SUNY Brockport

• Hyeyoung Lim, University of Alabama at Birmingham

• Jae-Seung Lee, Northern Kentucky University