Critical Thinking Essay

Emmanuel Kraft

Communication Arts Program

Grade 9 - Yellow Group
March 2019
 Emmanuel Kraft
March 2019
Yellow Group
The United States of America is in a period of political divide. In a time when progress is

supposedly being made to ensure the equality and safety of each and every citizen, the line

separating groups with opposing viewpoints is becoming more and more visible. This separation

transforms into animosity between the groups, and they may choose to display their disapproval

verbally in public. This hostile discourse is known as hate ​speech​. In extreme cases, people act

out based on their bias in violent actions known as hate ​crimes.​ The U.S. government has made

attempts to outlaw hate crimes in the past, but none of their results were effective as the number

of hate crimes - especially in major cities - has steadily increased since 2010 (Politifact). Now is

the time for Congress to take charge in this situation by creating and enforcing stricter laws

against hate crimes because hate crimes still occur consistently and are even on the rise in recent

years, they inflict many more traumatizing effects on the victims and their entire community than

normal crimes, and firmer punishment will discourage those who consider engaging in actions of

hate from expressing their bias outwardly.

Hate crimes are a legitimate problem. The term itself, however, currently has no official

legal definition. Ideally, developing this definition would be the first step in solving this existing

problem. The commonly accepted definition for a hate crime is “[a crime] motivated by a bias

against characteristics of the victim considered integral to his social identity, such as his race,

ethnicity, or religion [as well as sexual orientation and disabilities]” (Encyclopaedia Britannica)

and the statistics concerning these type of crimes in recent years are quite alarming. In 2017,

7,125 hate crimes were reported, a 17 percent increase from the previous year. Of this total,

4,131 were based on race (+20%), 1,564 on religion (+23%), 1,130 on sexual orientation (+5%),

as well as a shocking 66% increase based on disabilities and 48% increase based on gender bias

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(Human Rights Campaign). It must also be taken into consideration that though the FBI is

required to track statistics on hate crimes, it is the duty of local law enforcements to report those

crimes to the federal government. Reporting hate crimes is not yet obligatory, so current statistics

only begin to display the quantity of bias-related crimes that occur. The veritable yearly total

could be as high as 250,000 (Bioneers), nearly 35 times the reported number. With over 1,020

active hate groups in the U.S. in 2018 (U.S. Department of Justice), such as the Ku Klux Klan

and the White Aryan Resistance, hate crimes are a pertinent problem. Furthermore, numbers only

begin to tell the entire story; the rest is found in the unsettling descriptions of certain individual

hate crimes. Two particularly gruesome and infuriating cases took place in 1998. First was the

brutal killing of James Byrd Jr. in Jasper, Texas. Byrd, an African-American man, was

approached by three white men who said that they could give him a ride home but instead

assaulted him, tied him in chains, and attached him to the back of their truck. The men, arms

covered in racist tattoos, then began driving and dragged Byrd along the road for nearly 3 miles,

mutilating his body and cruelly taking his life. Only a couple months later, the murder of 21

year-old Matthew Shepard, a homosexual college student from Wyoming, took place. Shepard

was ambushed by two men, robbed, and tormented while tied to a fence. He was soon discovered

and taken to a hospital but he died of severe brain damage just a few days later. It is no

coincidence that the victims of these two attacks were part of oppressed minority groups. The

crimes themselves were abhorrent enough, but the addition of the bigoted motivations for these

actions should not go unnoticed. The reasoning behind hate crimes is just as important as the

crime itself and should be punished accordingly.

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The effects of hate crimes are also much more harmful than normal crimes, not only on

the individual victim but also the entire demographic to which they belong. Crimes motivated by

hatred are often more violent and can reopen old wounds of discrimination buried deep in

American history (Issues and Controversies). In comparison to typical crimes, hate crime victims

are also considerably more probable to experience post-traumatic stress, constant unease in

relation to their safety, anxiety, depression, anger, and low self-esteem. These consequences

extend to an entire community: “​Hate crimes send messages to members of the victim’s group

that they are unwelcome and unsafe in the community, victimizing the entire group and

decreasing feelings of safety and security” (American Psychological Association). This happens

because hate crime victims feel a significant increase in their sense of mental and physical

vulnerability. They then subconsciously connect this powerless sentiment with their own

religious, racial, or sexual identity. These aspects of one’s identity are so essential to their

individuality that feeling ashamed of or disconnected from them can permanently affect the rest

of their lives. In return, as a result, victims tend to either avoid places where they feel unsafe or

retaliate against their aggressors, producing a constant cycle of detachment and violence that

profoundly harms the moral fiber of the United States and all of its citizens. In addition, hate

crimes that go unpunished often increase in quantity and brutality over time, meaning that even

minor offenses labeled as hate crimes must face quick and effective preventive action. With the

nation already in need of unity rather than separation, firmer hate crime laws can bring comfort

to at-risk minority groups and end the continuous cycle of hate.

The debate over hate crime laws is also a matter of common sense: If stronger laws are

put in place, then there will certainly be less hate crimes because the potential perpetrators will

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be discouraged from acting out on their bias. The tactic of marginalized deterrence can be used.

Marginalized deterrence is putting in place a system of harsher punishment for more severe

crimes compared to less severe crimes, and harsher punishment after multiple crimes compared

to after a single crime. This would reduce both the rate of hate crimes as well as their intensity.

However, even more important than the severity of punishment is the certainty of it. These two

factors go hand in hand in deterring hate crimes, but studies show that a potential perpetrator’s

personal assumption that they will most likely be caught has a more influential deterrent effect

on them than the actual consequences that they will face (Johnson). For hate crimes, the

subjective belief that crimes will be punished can result from publicity. Anything as simple as

posters or billboards advertising the enforcement of justice on hate crimes can subtly work on the

population’s subconsciousness and discourage people from committing hate crimes without them

even knowing it. The results of deterrence tactics are extremely difficult to analyze because of all

of the other outside factors that can have an impact, but “several studies [conclude that] when

there is a decrease in police presence in a certain area, crime tends to increase. Conversely, when

police increase their presence in a particular area, in response to changes in the threat of

terrorism, for example, crime in that area decreases” (Johnson). This relates back to the certainty

aspect of deterrence and can be used to combat hate crimes. If we strategically place law

enforcement in certain areas such as big cities or high-risk zones, hate crime rates will likely

decline. The U.S. can also follow other countries’ lead in this situation. For example, in France

and in Germany it is illegal to display Nazi flags. This does not prevent expression so much as

ensure the mental and physical safety of the nation’s population. Better laws means less reckless

action and, in turn, less violence.

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Hate crime laws encounter many critics with multiple arguments that are rational but not

valid. One argument is that hate crime laws are simply not necessary and that our justice system

can already make accurate decisions on punishments using normal crime laws that are already in

place, but it has already been proven that hate crimes are a distinct problem and deserve to be

approached in a way specific to the type of crime. A moral argument against harsher punishment

for hate crimes is that justice systems should focus on better education of guilty culprits, such as

through corrective justice, rather than the repercussions of the penalty that they will face. The

reality, however, is that someone who has been filled with hatred towards a certain group

throughout their entire life will not be easy to change by any means. Racism, sexism, ableism;

these issues will continue to exist and fuel negative emotions between groups. The role of hate

crime laws is to make sure that the emotions never solidify into physical action, and that the

division between demographics is never seen. Though laws would not change biased beliefs on a

large scale, they could potentially create a new societal norm of harmony between various

people. The main legal argument against hate crime laws is that they violate the 1st Amendment,

freedom of speech, and that people should be punished for their actions, not their motivation. At

first this reasoning seems logical, but it also “ignores basic structures of the criminal justice

system. Criminal law has always taken account of intent, which differs from motive and thought.

These laws criminalize acts of violence motivated by hate, not the hate itself.” (Issues and

Controversies). This means that hate crime laws would not necessarily criminalize speech or

peaceful protest, which are both rights granted to all of the country’s citizens, regardless of what

position is being taken. Instead, they would act to prevent or punish potential violent and harmful

actions resulting from this speech. A crucial precedent was set in a 1942 court case. A man in

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New Hampshire was arrested for yelling and swearing at a police officer, and argued that he was

not granted his first Amendment rights. In ​Chaplinsky v. New Hampshire​, the Supreme Court

sided with the state and established that hate speech that directly and immediately leads to

potentially violent actions is not protected by the 1st Amendment. Other similar cases from the

mid to late 20th cent​ury have had various conclusions and at some points contradict each other,

making the issue still unclear. As human beings, we have the mental capacity to understand that

hate crimes are detrimental to every individual involved and must be treated differently than

normal crimes. Unfortun​ately, “what’s legal and what’s right are sometimes different” (Junior

Scholastic). With firmer hate crime laws, Congress has the power to change that.

It’s true: The United States of America is in a period of political divide. However, it is

possible for our nation to make progress in ensuring the equality, and safety of each and every

citizen. One big step in doing this would be to enforce stricter hate crime laws. With hate crimes

becoming an increasingly urgent problem and negatively affecting entire communities, laws can

be created to discourage this type of action. These enhanced hate crime laws would be a

beneficial first step towards healing our country’s current political divide, diminishing the

current line separating groups with opposing viewpoints, and calming the animosity between

multiple contrasting groups of our country. This, in turn, might make way for a new country,

one where differences are proudly displayed by all individuals, and the poison of hate is no

longer present in our daily actions. What a great country that would be.

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Works Cited

Dashow, Jordan. "New FBI Statistics Show Alarming Increase in Number of Reported Hate Crimes."

Human Rights Campaign,​ 13 Nov. 2018,

www.hrc.org/blog/new-fbi-statistics-show-alarming-increase-in-number-of-reported-hate-crimes#

comments. Accessed 18 Feb. 2019.

Grisham, Kevin, and Brian Levin. "Hate Crimes in Major U.S. Cities: 2010-2018."

​Politifact,​ Poynter Institute, 3 Apr. 2019, www.politifact.com/

truth-o-meter/article/2019/apr/03/hate-crimes-are-increasingly-reported-us/.

Accessed 12 May 2019. Infographic.

"Hate Crime Laws: Are hate crime laws effective?" ​Issues & Controversies,​ Infobase Learning, 28 Aug.

2014, http://icof.infobaselearning.com/recordurl.aspx?ID=14183. Accessed 17 Feb. 2019.

Jenness, Valerie. "Hate Crime." ​Encyclopaedia Britannica.​ ​Encyclopaedia Britannica​,

www.britannica.com/topic/hate-crime. Accessed 24 Mar. 2019.

Johnson, Ben. ​Do Criminal Laws Deter Crime? Deterrence Theory in Criminal

​Justice Policy: A Primer.​ Jan. 2019. ​Minnesota House Research Department,​

www.house.leg.state.mn.us/hrd/pubs/deterrence.pdf. Accessed 12 May 2019.

"The Psychology of Hate Crimes." ​American Psychological Association,​

www.apa.org/advocacy/interpersonal-violence/hate-crimes. Accessed 27 Mar. 2019.

Schwencke, Ken. "Why America Fails at Gathering Hate Crime Statistics." ​Bioneers​,

bioneers.org/why-america-fails-at-gathering-hate-crime-statistics-zp0z1217/. Accessed 27 Mar.

2019.

"Should the First Amendment Protect Hate Speech? Forty Years after the Courts Upheld Neo-Nazis' First

Amendment Rights, Is It Time to Rethink Protecting Hateful Speech?" ​Junior Scholastic,​ vol.

120, no. 11, Apr. 2018, p. 18. ​EBSCOhost​,

search.ebscohost.com/login.aspx?direct=true&db=f5h&AN=128729617.

2017 Hate Crime Statistics​. ​The United States Department of Justice,​

www.justice.gov/hatecrimes/hate-crime-statistics. Accessed 23 Mar. 2019.

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Annotated Bibliography

Brown, Rupert, et al. "How Hate Crime Affects a Whole Community." ​BBC News​, 12 Jan. 2018,

www.bbc.com/news/uk-42622767. Accessed 27 Mar. 2019. Article that focuses mostly on those

who belong to the Muslim and LGBTQ communities to explore how hate crime affects an entire

demographic, and proposes an optimistic solution.

Dashow, Jordan. "New FBI Statistics Show Alarming Increase in Number of Reported Hate Crimes."

Human Rights Campaign,​ 13 Nov. 2018,

www.hrc.org/blog/new-fbi-statistics-show-alarming-increase-in-number-of-reported-hate-crimes#

comments. Accessed 18 Feb. 2019. Report of the FBI's gathered information on hate crimes in

2017 in comparison to the previous year.

Grisham, Kevin, and Brian Levin. "Hate Crimes in Major U.S. Cities: 2010-2018."

​Politifact,​ Poynter Institute, 3 Apr. 2019, www.politifact.com/

truth-o-meter/article/2019/apr/03/hate-crimes-are-increasingly-reported-us/.

Accessed 12 May 2019. Infographic. Graph showing the number of reported

hate crimes in 30 cities with combined populations of 38 million since 2010.

"Hate Crime Laws: Are hate crime laws effective?" ​Issues & Controversies,​ Infobase Learning, 28 Aug.

2014, http://icof.infobaselearning.com/recordurl.aspx?ID=14183. Accessed 17 Feb. 2019.

Pro/Con article that analyzes the history of hate crimes and hate crime laws, and displays

reasonable arguments for both sides of the argument.

"Hate Crimes Have More Negative Impact on Lesbians and Gay Men than Other Crimes." ​Stop Hate

Crimes​, edited by Gregory M. Herek,

psychology.ucdavis.edu/rainbow/html/hate_crimes_study.html. Accessed 31 Mar. 2019. Explains

the long-term effects of hate crimes on minority groups.

Jenness, Valerie. "Hate Crime." ​Encyclopaedia Britanicca.​ ​Encyclopaedia Britannica​,

www.britannica.com/topic/hate-crime. Accessed 24 Mar. 2019. Basic information on hate crime,

including the definition of the term.

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Johnson, Ben. ​Do Criminal Laws Deter Crime? Deterrence Theory in Criminal

​Justice Policy: A Primer.​ Jan. 2019. ​Minnesota House Research Department,​

www.house.leg.state.mn.us/hrd/pubs/deterrence.pdf. Accessed 12 May 2019.

Report analyzing the effectiveness of certain tactics of deterrence in

relation to crime rates.

Lieberman, Michael. "Hate Crime Laws: Punishment to Fit the Crime." ​Dissent,​ Dissent Magazine, 2010,

www.dissentmagazine.org/article/hate-crime-laws-punishment-to-fit-the-crime. Accessed 23 Mar.

2019. Gives pertinent arguments for firmer hate crime laws.

"The Psychology of Hate Crimes." ​American Psychological Association,​

www.apa.org/advocacy/interpersonal-violence/hate-crimes. Accessed 27 Mar. 2019. Explains the

psychological impact of hate crimes on a person.

Schwencke, Ken. "Why America Fails at Gathering Hate Crime Statistics." ​Bioneers​,

bioneers.org/why-america-fails-at-gathering-hate-crime-statistics-zp0z1217/. Accessed 27 Mar.

2019. Tells why hate crime statistics are not complete.

"Should the First Amendment Protect Hate Speech? Forty Years after the Courts Upheld Neo-Nazis' First

Amendment Rights, Is It Time to Rethink Protecting Hateful Speech?" ​Junior Scholastic,​ vol.

120, no. 11, Apr. 2018, p. 18. ​EBSCOhost​,

search.ebscohost.com/login.aspx?direct=true&db=f5h&AN=128729617. Addresses the issue of

free speech mainly by examining a Neo-Nazi rally and how different groups responded to this

event.

2017 Hate Crime Statistics​. ​The United States Department of Justice,​

www.justice.gov/hatecrimes/hate-crime-statistics. Accessed 23 Mar. 2019. Easily Understandable

Graphs of hate crime statistics.

Understanding Hate Crimes​. Warsaw, OSCE Office for Democratic Institutions and Human

Rights, 2015. ​OSCE​,

www.osce.org/odihr/understanding-hate-crimes-a-handbook-for-ukraine?download=true. Accessed 31

Mar. 2019. Explores each aspect of hate crimes in depth and in an organized fashion.