Legal Definition of Bias Crime

A third type of hate crime law simply requires the collection of statistics. At the federal level, the Hate Crime Statistics Act of 1990 (Pub. L. No. 101-275, 104 Stat. 140 [28 U.S.C.A. § 534 (1990)]) requires the Department of Justice to collect statistics on crimes that reveal the existence of bias. Data must be collected for crimes based on race, religion, disability, sexual orientation or ethnic origin. The purpose of the law is to provide Congress with the data needed to develop effective policies against hate violence, raise public awareness, and track hate crime trends. Click on one of the bias categories to view a hate crime or incident scenario with that category. The term “hate” can be misleading. When used in hate crime legislation, the word “hate” does not mean anger, anger or general dislike. In this context, “hatred” means bias against individuals or groups with certain characteristics defined by law.

Hate crimes were defined in detail in the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, 18 United States Code, § 249. The hate crime reporting gap is the significant gap between hate crimes that actually occur and those reported to law enforcement. Reporting hate crimes is important, not only to show support and get help for victims, but also to send a clear message that the community will not tolerate these types of crimes. Reporting hate crimes allows communities and law enforcement agencies to fully understand the magnitude of the problem in a community and to allocate resources to prevent and combat attacks based on bias and hate. Arizona`s law provides for the possibility of harsher penalties for hate crimes. Arizona`s revised 13-701 Act states, in part, that the court should consider a number of aggravating circumstances for sentencing purposes. One of the aggravating circumstances identified is “proof that the defendant committed the crime in bad faith against a victim because the victim belongs to a group listed in article 41-1750, paragraph A, paragraph 3, or because the accused perceives the identity of the victim in a group listed in article 41-1750, paragraph A, paragraph 3”. Arizona`s revised Law 41-1750 identifies these groups as “race, color, religion, national origin, sexual orientation, sex, or disability.” In addition, Arizona`s revised Arizona Act 13-1604, Aggravated Criminal Harm, states that a person commits serious criminal harm by “disfiguring or damaging or altering in any way the appearance of any building, structure, personal property, or place used for worship or religious purposes.” Depending on the dollar amount of damages, this crime may be considered a Class 6, 5 or 4 crime. Apprendi pleaded guilty to charges with a firearm and handling a bomb at his home.

Although the offenses carry a maximum sentence of ten years in prison, the prosecutor invoked the hate crime law in New Jersey and asked the judge to increase the sentence. The judge agreed and imposed a sentence of 12 years` imprisonment on the grounds that the prosecution had demonstrated by a preponderance of evidence that Apprendi`s act was racially motivated. Apprendi appealed the verdict, arguing that he could only receive such a harsh sentence if prosecutors presented evidence to a jury proving beyond a doubt that he had drawn out of racial bias. The prosecutor claimed that the hate crimes law punishes motive, which was considered a criminal issue that the judge had to resolve. Bias, or hate crimes, are crimes motivated by bias or an offender`s attitude toward a victim or group because of perceived or actual personal characteristics, such as race, religion, ethnicity, gender, sexual orientation or disability. Hate crimes and bias have received renewed attention in recent years, particularly since the passage of the federal Hate and Bias Crimes Act of 1990 and the New York State Hate Crimes Act of 2000. Here are a few examples: A crime motivated by racial, religious, sexist, sexual or other prejudice. Another type of hate crime law toughens the penalty for certain hate crimes. In Wisconsin, for example, defendants who intentionally select their victims, at least in part, on the basis of the race, religion, color, disability, sexual orientation, national origin, or ancestry of the victims, are subject to harsher penalties than they would receive without such hateful intent (Wis. Stat. § 939.645 [1995]). For example, in Wisconsin, for a Class A hate offense, the maximum fine is $10,000 and the maximum term of imprisonment is two years` imprisonment or imprisonment (Wis.

Stat. Ann. § 939,645 (2) (a)), while an ordinary Class A offense is punishable by a maximum penalty of $10,000 or imprisonment for up to nine months. or both (§ 939.51(3)(a)). For a Class B offence, a less serious crime, the maximum fine is $1,000 and the maximum penalty of imprisonment is 90 days` imprisonment. If the Class B offence is a hate crime, the maximum fine is $10,000 and the maximum penalty is one year in prison. The NAU Police Service understands the destructive nature of bias-based hate crimes and incidents. A hate crime can cause vast waves of discomfort and fear among members of a target audience, followed by feelings of terror and resentment throughout an entire community.