Do Hate Crime Laws Prevent Hate Crimes From Being Committed?

Today the FBI released the 2008 hate crime statistics that reflect the number of hate crimes reported in 2008. These statistics only reflect those hate crimes reported by law enforcement agencies to the FBI. Since this reporting program is completely voluntary, there is no way to know how close the numbers are to the actual number of hate crimes that occurred during 2008. Be that as it may, the number of hate crimes reported to the FBI last year increased by 2%. Race was still the most common bias motivation, followed by religion and then sexual orientation. The home was the most common location for a hate crime to occur, followed by roadways and highways. School campuses remain the third most common place for a hate crime to occur.

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In contrast, California saw a slight decrease in reported hate crimes (law enforcement agencies are required to report hate crimes to the California Department of Justice who is responsible for tracking hate crime trends). However, hate crimes committed against Jews increased 37% and hate crimes committed against homosexuals increased 16%.

Last month, President Obama signed into law an expansive federal hate crime bill that added sexual orientation, gender identity, and disabilities to the list of those identity groups protected by federal hate crime law. In addition, the law defines a hate crime as any crime of violence (not just those involving Constitutionally protected activities) motivated by the victim’s actual or perceived race, color, nationality, religion, sexual orientation, gender identity, or disability. But will this bill, that took more than 12 years go get signed into law, really prevent hate crimes from happening? The answer is no.

By the time a hate crime is reported, the is suspect arrested, and the case is brought to trial, the damage has already been done. The victim has already been victimized and no law will fix that. Laws are critical and I do truly appreciate the fact that we now have inclusive federal hate crime laws. But, the prevention of hate crimes is where we need to focus our efforts. We know that education and awareness is the key to preventing hate crimes from occurring in the first place. This education must start in the home and be reinforced at school. Law enforcement must work with educators starting at a very early age to prevent bullying and other forms of hate. Hate crime laws will always be important to have in place for those who miss these important lessons.

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