NCJ Number
92245
Date Published
1983
Length
177 pages
Annotation
Existing criminal statutes in Maryland, Virginia, and the District of Columbia provide neither a uniform and comprehensive definition of crimes motivated by religious and racial hatred nor a uniform substantial penalty.
Abstract
All three jurisdictions should enact a comprehensive criminal statute to reach acts of racially or religiously motivated violence not covered by existing statutes, which often prohibit the most frequent hate acts of cross burnings, swastika placements, and wearing of hoods, but little else. All three jurisdictions should adopt a criminal statute patterned after the Massachusetts Civil Rights Act of 1979. The statute should provide for criminal penalties of up to $10,000 fine or imprisonment of up to 10 years, or both; if bodily injury results, a fine of up to $100,000 or imprisonment for up to 20 years, or both. Civil actions for compensatory and punitive damages are available in all three jurisdictions for assault, battery, intentional infliction of emotional distress, and trespass. Few cases have been brought by victims of racially or religiously motivated violence, but these few have been awarded high compensatory and punitive damages. The report summarizes the criminal statutes that apply to incidents of racial and religious violence under the Federal law and the laws of Maryland, the District of Columbia, and Virginia. It analyzes the extent to which the law of these jurisdictions permits a civil action for damages and other relief against perpetrators of racially and religiously motivated violence and advances several recommendations for improvement and clarification of the law. State and local responses in other jurisdictions to the problems of intimidation and hate violence are noted. Footnotes, relevant statutes, charts, and court memorandum opinions are provided. (Author summary modified)