Hate Crime Statutes: A Public Policy and Law Enforcement Dilemma

• In Event: Criminal Law, Miscarriages of Justice, and Victimization

Abstract

In the last 25 years, 45 states, the District of Columbia and the federal government have enacted hate crime statutes. Arguably, these statutes have been enacted because of the tireless efforts of interest groups that have advocated on behalf of specific types of victims. Indeed, more and more victim groups have come under the umbrella of federal protected status with subsequent versions of federal hate crime legislation over the last three decades. Moreover, this period has also witnessed a substantial amount of state legislation but also considerable variation in victim groups protected under state statutes. This paper contends the piecemeal enactment of hate crime statutes has resulted in a series of constitutional concerns and unintended social consequences that challenge the efficacy of hate crime statutes. Additionally, the piecemeal construction of hate crime statutes present specific policy and law enforcement dilemmas that impede the first responding police officer's ability to accurately identify and classify incidents of bias-motivated violence. Further, prosecutors encounter an unusual burden, compared to parallel non-bias motivated crimes, of proving bias motivation beyond a reasonable doubt. In this paper, these issues are discussed in depth, along with recommendations for policy changes.

Author

• Frank Pezzella, John Jay College of Criminal Justice