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Hate Crimes, Hate Symbols, Electronic Hate
Bias-Motivated Violence
Summary of Policy and Recommendations
- ADL drafted the model hate crime statute which has formed the basis of many of the existing hate crime laws in forty-five states and the District of Columbia.
- We believe it is necessary for the federal government to have authority to investigate and prosecute crimes in which the bias violence occurs because of the victim’s race, religion, national origin, sexual orientation, gender, gender identity, or disability.
- We urge passage of the pending Local Law Enforcement Hate Crimes Prevention Act as a top priority, as well as full implementation of federal and state hate crimes data collection laws.
- The League supports the expansion of state laws to cover bias crimes based on sexual orientation, gender, gender identity, and disability, as well as new federal authority for the Department of Justice to improve coordination and cooperation between state and local officials and federal authorities in hate crime investigations and prosecutions.
- ADL has exposed a disturbing trend of more mainstream anti-immigrant groups adopting the tactics and rhetoric of extremist groups to use language that demonizes immigrants. There is a direct connection between the public debate about immigration policy and the atmosphere surrounding the daily lives of immigrants and those perceived to be immigrants seeking to participate in the public life of our country. One disturbing indication of this fact is the significant increase in hate violence against Latinos over the past three years, as documented by the FBI.
Background
The Anti-Defamation League regards combating prejudice and bigotry as one of its highest priorities. We take great pride in the bias prevention and educational initiatives we have developed, most notably our award-winning A WORLD OF DIFFERENCE® Institute – devoted to promoting greater tolerance and mutual understanding through anti-bias education. The federal government has a central role to play in funding program development in this area and promoting awareness of initiatives that work. Federal agencies should institutionalize and coordinate their response to prejudice-motivated violence through initiatives developed for schools and for youth violence prevention programs. The Federal government should make information available regarding effective hate crime prevention programs and resources, successful anti-bias training initiatives, and best practices.
Forty-five states and the District of Columbia now have enacted hate crimes laws – many based on, or similar to, ADL’s model, drafted in 1981. Yet, important legislation is still pending at the federal, state, and local levels and more can – and must – be done. The League supports the expansion of state laws to cover bias crimes based on sexual orientation, gender, gender identity, and disability, as well as new federal authority for the Department of Justice to improve coordination and cooperation between state and local officials and federal authorities in hate crime investigations and prosecutions. We also believe it is necessary for the federal government to have authority to investigate and prosecute crimes in which the bias violence occurs because of the victim’s sexual orientation, gender, gender identity, or disability, and we urge the passage of pending Local Law Enforcement Hate Crimes Prevention Act as a top priority.
When prejudice leads to criminal conduct, as is too often the case, headlines result and communities are set on edge. The urgent national need for tough law enforcement response as well as education and programming to confront violent bigotry has only increased following the September 11 terrorist attacks. In the immediate aftermath of 9/11, the nation witnessed a disturbing increase in attacks against American citizens and others who appeared to be of Muslim, Middle Eastern, and South Asian descent. Perhaps acting out of anger at the terrorists involved in the September 11 attacks, the perpetrators of these crimes irrationally lashed out at innocent people because of their personal characteristics – their race, religion, or ethnicity.
Further, as the national debate on immigration has become more polarizing, an atmosphere of bigotry and xenophobia has pervaded the conversation. ADL recently documented a disturbing increase in the number of violent assaults against Hispanics, legal immigrants, and undocumented persons – and those perceived to be immigrants – by white supremacists and other far-right extremists in a series of published reports. The FBI has documented a disturbing and significant rise in reported hate crimes against Latinos in each of the past three years.
In addition, ADL has recently exposed a new development where some of the more mainstream anti-immigrant groups increasingly are adopting the tactics and rhetoric of racist groups and attempting to move it into the mainstream. Under the guise of warning about the impact of illegal immigration, some anti-immigrant groups reached for the playbook of hate groups. They have taken hateful and racist rhetoric and brought it into the mainstream.
In addition to focusing on media exposure, education, and more effective law enforcement, ADL has made the enactment of legislation to collect hate crime data and to provide penalty enhancements for such crimes a high priority. Though ADL recognizes that prejudice and hatred cannot be legislated out of existence, hate crime data collection laws have proved to be useful tools for law enforcement.
Hate crime laws send an unmistakable message to both the victims and would-be perpetrators – and demonstrate the depth of society’s concerns. American communities have learned the hard way that failure to address bias crimes can sometimes cause an isolated incident to fester and result in widespread tension. Targeted groups feel especially vulnerable, and appropriate response to these crimes by public officials and law enforcement officers can enhance police-community relations.
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