Hate Crimes: A Special Category of Victimization

Hate crimes are a special category of criminal behavior that involve targeting victims because of their group affiliation or immutable characteristics. Conceptually, hate crimes must include both a criminal offense and bias motivation on behalf of the offender(s). Both the criminal offense and the bias motivation need to be legally defined by statutory provisions. This chapter addresses the historical context of hate crimes in terms of occurrence and legislative response. Following the passing of the Hate Crime Statistics Act of 1990, the federal government began tracking the prevalence of hate crimes in the United States. Since then, surveillance systems such as the FBI’s Uniform Crime Reporting (UCR) program and the Bureau of Justice Statistics’ National Crime Victimization Survey (NCVS) have measured hate crimes on an annual basis. Patterns and trends from both the UCR and NCVS are presented and compared. Over the course of the last three decades, legislation at both the federal and state levels has evolved in terms of what bias motivations (e.g., race, sexual orientation, and disability) are recognized by law and how the criminal justice system should respond to hate crimes. The debate over constitutionality of hate crime legislation is discussed. The perpetration of hate crime is addressed in the context of offenders and hate groups. Both formal and informal methods of fighting hate and preventing hate crimes are illustrated. The current body of research on this topic is evaluated to show the uniqueness of hate crime and issues with the underreporting by both victims and law enforcement. Finally, directions for the future of research and policy responses to hate crime are recommended.