Hate Crime and Racial Discrimination in the United States

This document discusses the prevalence of hate crimes and racial discrimination in the United States. It explores the basic factors for victimization, specific case examples, state laws against hate crimes, data collection methods, and relevant criminalization theories. The document emphasizes the need for media and societal reforms to combat racial bias and promote equality.

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Introduction
Uniform crime reporting (UCR) program by Federal Bureau of Investigation stated that
48.6% of the hate crime incident occurred in the United States was motivated by Anti-black
or African American feelings ("Uniform Crime Reporting Statistics", 2019).
1) Basic factors for the victimisation-
 Racial discrimination against African- Americans.
 African-American makes are stereotyped as dangerous criminals by other Americans
 Prejudice and facial impact also plays major role in victimisation.
 Increasing diversity among white Americans.
 Major factor behind their victimisation is their black colour and history of slavery.
2) Specific case examples-
 In, Brown v. Board of Education(1954) , the court prohibit racial discrimination in
school as a African- American child was denied in school because of colour ("Brown v.
Board of Education", 2019).
 In Batsun v. Kentucky(1986), court awards equal protection in case of judicial
proceedings against jury ("Facts and Case Summary - Batson v. Kentucky", 2019).
 In walker v. IRS case, an American district court held proceedings against racial
discrimination of a women at workplace due to skin color ("Walker v. Secretary of
Treasury, IRS, 713 F. Supp. 403 (N.D. Ga. 1989)", 2019).
 The Loving v. Virginia( 1967), removed the unconstitutionalperception of interracial
marriages and directed various states for revised drafting of relevant state laws.
3) States laws against hate crimes-laws against hate crimes are implemented by
Department of justice in the USA. Current federal hate crime laws can be mentioned
as-
 The Shepherd Byrd Act –It is also called Jr. Hate Crime prevention act of 2009 and
criminalises wilfully causing bodily injury beause of the real or perceived racial
identity of victim ("The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act
Of 2009", 2019).

 Criminal Interference with right to fair housing statute- It criminalisesthreatening to
bridge away someone’s housing rights becaus of victim’s racial identity.
 Damage to religious property act, 18 U.S.C. § 247- Also called church
arsonprevention act and criminalises intentionaldamage and defacement of religious
properties.
 Violent Interference with Federally Protected Rights, 18 U.S.C. § 245-It criminalises
threatening or using force against someone andinterference in victim’s life
forcefullymotivated by the racial identity of victim.
 Conspiracy Against Rights, 18 U.S.C. § 241- It criminalisesacting of two or more
person who is willing to injure or hurt someone because of racial identity.
4) Data collection to measure victimisation- To measure the level of victimisation
against racial discrimination, the Uniform Crime reporting program of Federal
Bureau of Investigation can be a reliable source for data collection ("Uniform Crime
Reporting (UCR) Program | Federal Bureau of Investigation", 2019). It also defines victims
as individual, business/financial institution, religiousinstitution, government entity,
society etc.
Rational behind its selection as a source ofdata can be its reliability over various statutes for
legal enforcement for ex. James Bryd law. It is also directed by US government office of
Management and Budget. Along with this, the authenticity of FBI can also be a rational
reason behind its selection.
5) Relevant Criminalisation Theory- One of the major primary cause for racial
discrimination. Is the prevalence of unequal social status and perception of low
economic, social and racial status of people of individual colour in American society.
Concept of “racial threat”, “racial bias” and“racial previlege”plays a dominant role
in this societalhazard. Theory of criminal stereotypes also plays a major role in
criminalisation of white Americans to great extent. Its a theory which creates a
stereotype among white Americans that African American males are dangerous
criminals and causes subjection of African American to crime commited by these
White Americans.Various legislative provions are also seems to suffering from “racial
blindness”which are unable to prohibit Americans from criminalisation. The theory of
“ racial superiority and inferiority” or “racial threat”, “racial bias” and “racial

privilege” caused the criminalisation of American throughout the history of African
American. History of slavery associated with the black African American caused
major misery to them. Along with this challenge to white supremacy due to growth of
power among African American with their increase mobility within the states of
America causes apprehensions to the white American. Also images of black males has
been transformed from “brute” to “demon” among white Americans. All these
perceptions and prevalent mindset caused increased violation against African
American which is the major reason for choosing this theory.
Racial criminalisation of white Americans and racial victimisation of black African
American has created threat to the social fabric of America ("Race, ethnicity and crime", 2019).
Role of media must be a turning point in changing the racial mindset that depicts African
males as harmful. Perspective and stereotypical reforms will prove to be a significant step in
removal of racially biased sentiments in the United States of America.

References
Brown v. Board of Education. (2019). Retrieved 2 September 2019, from
https://www.law.cornell.edu/supremecourt/text/347/483
Facts and Case Summary - Batson v. Kentucky. (2019). Retrieved 2 September
2019, from https://www.uscourts.gov/educational-resources/educational-
activities/facts-and-case-summary-batson-v-kentucky
Race, ethnicity and crime. (2019). Retrieved 2 September 2019, from
http://www.open.edu/openlearn/society-politics-law/race-ethnicity-and-crime/
content-section-3
The Matthew Shepard And James Byrd, Jr., Hate Crimes Prevention Act Of 2009.
(2019). Retrieved 2 September 2019, from
https://www.justice.gov/crt/matthew-shepard-and-james-byrd-jr-hate-crimes-
prevention-act-2009-0
Uniform Crime Reporting (UCR) Program | Federal Bureau of Investigation.
(2019). Retrieved 2 September 2019, from
https://www.fbi.gov/services/cjis/ucr
Uniform Crime Reporting Statistics. (2019). Retrieved 2 September 2019, from
https://ucrdatatool.gov/
Walker v. Secretary of Treasury, IRS, 713 F. Supp. 403 (N.D. Ga. 1989). (2019).
Retrieved 2 September 2019, from https://law.justia.com/cases/federal/district-
courts/FSupp/713/403/1465626/