• Background: 1969 law establishes hate crimes and protects certain activities
• Debate:Critics are concerned with unfair treatment of certain groups and limits to free speech.
• Country Comparison: Western European countries have expanded the list of groups covered by hate crime laws.
• Recent Legislation: 1994 Hate Crime Sentencing Enhancement Act, 2007 Local Law Enforcement Hate Crimes Prevention Act.

Background

• In the United States, hate crimes became a 1969 law permits federal prosecution of people who willfully injure or intimidates any person because of his race, color, religion or national origin and because he is or has been "attempting to engage in one of six types of federally protected activities." These activities include voting and going to school (see full list). Disabilities may be included in cases involving housing.
• Crimes against federally protected acts are defined as civil rights violations, which fall under federal jurisdiction. The Federal Bureau of Investigations (FBI) investigates and prosecutes civil rights violations while most crimes motivated by hatred fall under the jurisdiction of state and local authorities. Penalties for hate crimes are more severe than other crimes. Those involving firearms can receive 10 year prison terms and kidnapping, sexual assault, or murder can receive life terms or the death penalty.

Debate

• Critics of distinguishing hate crimes from other crimes argue that the law is applied unequally and favors certain groups over others. Critics of expanding the list of groups say that local statues cover these crimes and that adding homosexuals to the list would restrict the 1st Amendment rights of religious groups.
• Proponents of hate crime laws claim hate crimes have a resounding effect in communities and a greater potential to incite retaliatory crime. They say that adding to the list only affects violent crimes and would therefore not restrict the right to free speech.

Country Comparison

• Most western European countries and Canada have included gender, sexual orientation, and disability to the lists of protected groups.

Recent Legislation

• The 1994 Hate Crime Sentencing Enhancement Act requires the United States Sentencing Commission to increase the penalties for hate crimes committed on the basis of the actual or perceived race, color, religion, national origin, or ethnicity of any person. Only federal crimes were affected by this law.
• In Local Law Enforcement Hate Crimes Prevention Act was introduced by Barney Frank, one of two openly gay Representatives, and passed in May 2007. Similar legislation is expected to pass in the Senate. President Bush has promised to veto the legislation if it reaches his desk.