NCJ Number
181167
Date Published
1999
Length
280 pages
Annotation
This book examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and the response to them under the U.S. legal system.
Abstract
In examining essential definitional issues, the first chapter considers the characteristics of a bias crime, which biases count for "bias motivation," and who is a bias crime victim. The second chapter turns to the legal and factual foundations of bias crimes, followed by four chapters that examine the major issues that emerge from the three fundamental questions examined in this book: (1) Should the punishment of bias crimes be enhanced, and how can it be determined who is guilty of committing a bias crime? (2) Are bias crime laws constitutional, given America's commitment to free expression? (3) What ought to be the role of the Federal Government in the prosecution of bias crimes? The final chapter pulls together the conclusions developed throughout the book and proposes a broader framework from which to view bias crimes. The author proposes a model for bias crime statutes that focuses on the racial motivation of the actor. Because racial harmony and equality are among the highest values held in our society, crimes that violate these values should be punished more harshly than crimes that, although otherwise similar, do not violate these values. Chapter notes, a bibliographical essay, and a subject index