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Race Hate Crime Paper

Introduction

The term “hate crime” was born from the policy advocates and journalists in the 1980s who were striving to describe and comprehend crimes of bias against Asians, Jews, and African Americans. Henceforth, the term has experienced expansion which leads to the implementation of acts demanding for tracking of statistics involving hate crime. Despite the passage and implementation of the relevant laws, the statistics can mislead more often. The high possibility that the statistics can be misleading often emanates from the factual underreporting of cases entailing hate crimes and stringent requirements that surround elements constituting the so-called hate crime. Although hate crime is manifested in diverse forms, hate crime based on gender is the most prevalent. African Americans are the largest racial group that are targeted and vulnerable to hate crime. However, relevant bodies have responded and reacted to the vice by amendments of police policies followed by subsequent creation of units that specializes in addressing hate crime issues. Similarly, there are several new laws and regulation that have been created regarding hate crimes in coalition with the enhancement of sequential punishments in the fight against the vice.

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The paper aims at examining various cases in respect to hate crime and understanding of the intensive concept of hate crimes. For the accomplishment of the primary intention of the research, a hate crime is defined based on legal and academic approaches. Since relevant and concerned bodies are responding to the issue in distinct ways, the paper finds it pertinent to argue the progress in the context of hate crime based on its nature and extent. As noted earlier, statistics are considered delusional for reasons closer to underreporting of the incidents. In that regard, the paper approaches the issue through the identification of the possible barriers to reporting. Furthermore, the concept of media representation and issues related to policing are equally addressed. Finally, the in-depth-research is concluded with finds and recommendation of possible solutions to mitigation of hate crimes.

Academic and legal definitions

As Burks (et al.2018, p. 402) noted the terms ethnicity and race are sometimes used interchangeably and often loosely. Racism emanates from the fact that people have distinct biological differences. The term race is usually applied in phenotypic concepts denoting the physical features such as size and color. Among the many physical traits, color is the regular feature that defines a human race.  Although less often, race is also supplied in genotype in the sense of the biological distinctions. The biological perception of “race” is empirically and conceptually unsustainable. Although people are continually misled by the physical feature such as color, research makes it clears that there is still a significant difference between individuals in devoid of color considerations.

On the other hand, ethnicity can be defined based on the cultural concept. Awan and Zempi (2016, p. 4) inform that ethnicity denotes religious, linguistic and geographical differences that are believed at a greater extent to differentiate and define groups via shared heritage. However, the difference between ethnic group and race are made prominent by Anthropologists.

Based on the academic concept, racism can be defined as practices and believes of people, institutions, and groups that can lead to discrimination of other people by racial or ethnic origin perception. Definition of the racism in the conventional sense is depicted by McPherson Crime, Report and Disorder Act 1998. According to the act, racism entails any form of practices, words or conducts that disadvantage other individuals because of their religion, ethnic origin or culture. The damaging effect of the vice is closely identical regardless of its form, that is, either in its overt or subtle form. However, racism can be manifested in various ways. In that regard, racism as a form of hate crime can be revealed through name-calling; vandalism; emotional distress; threats of violence; opportunity denial; marginalization and exclusion; physical violence; and intimidation. Institutional racism is a collective form of the vice involving collective failure of any organization or institution regarding the provision of professional services that are appropriate to people for a reason related to their ethnic origin, culture or color. As Burnett (2016) informed, it emanates in the operation of respected and established forces in the society. Therefore, it receives little condemnation from the public.

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Nature and extent

There are different natures of hate crimes that are continuously aggravating by day.  It’s intricate to know how to handle and respond to hate crimes in devoid of understanding its immediate nature. A good example of hate crime is from Mulford and Shively (2007). In New York, Brooklyn Chaim Spear was punched by Mohammad Award while yelling anti-Semitic and obscenities remarks in December 2000 (Shively & Mulford, 2007, p. 10). The example represents and depicts what is indeed a general criminal activity. Another example of a racist attack is the case of Stephen Lawrence murder during violence between the black communities and the police. Specific statistic on the rate at which various forms of hate crime are committed is considered murky. The figures are often regarded as delusional due to the restricted reporting approaches. However, the statistics deliver a crystal clear message that hate crimes are not ending today, tomorrow or anytime soon. In that regard, response and reaction to the vices by courts and police remains to be the most crucial element. The interpretation of the crime trends and statistics shows a probable fact that concerned bodies are not competent in the execution of their primary mandate.

Collection and recording of hate crime statistics commenced in1990. The practice was fueled by the Congress passage and endorsement of the Hate Crime Statistics Act. According to Burney (2002, p. 20), the act required the collection of data involving intimidation, violent attack, property damage or arson directed at a group or an individual because of sexual orientation, race, ethnicity or religion. The act was later expanded to accommodate both mental and physical disabilities. For implementation and actualization of perpetrator’s punishment after hate crime’s conviction, Hate Crime Sentencing Enhancement act was passed. It’s apparent that there is a trend in hate crimes in the midst of studying hate crime. The chart is usually topped by African Americans as the most targeted groups.  Generally, hate crime based on gender is the most prevalent hate crime form women are the second-class groups with fewer privileges and rights in many countries (Burney & Rose, 2002). However, it’s perplexing to have statistics that are accurate on the overall escalation of a hate crime due to underreporting.

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How much hate crime

Barriers to reporting

As made clear prior, hate crime statistics are at higher percentage unreliable and dilution due to underreporting of the hate crimes and related incidents (Burnet, 2013, p. 5). One of the important approaches that actualize and counteract this solvable vice is making reporting of the cases more manageable. As much as policies are made, amended and implemented, they will ultimately be ineffective if victims are not free to report their incidents for the effect of laws and regulations — the Hate Crime Project conducted by the University of Leicester aimed at discovery of victims experiences, understanding of emotional and physical harm alongside identification of possible solutions. According to the findings of the project, 91 percent of victims suffered hate crimes in the form of verbal abuse. 72% experienced the crimes in the form of harassment. Forty-two percent were victims of property damage, 29% were victims of violent crime (Dixon & Ray, 2007, p. 124). The research concluded that out of the victims of various mentioned hate crimes were on their own in the sense that they did not report.

According to the University of Leicester, only 21% percent of the respondent targeted by ethnicity had reported their cases (Haritaowrn, 2010, p. 89). As per the respondent, the primary objective of reporting their facts to the police or other organization was to access emotional and practical support from the “serious crimes.” 60 % percent of the respondent targeted by ethnicities like the African Caribbean and Pakistan had not reported their cases. One of the common explanation was related to their assumption that their cases will not be treated with the gravity they think it deserves by the police. Instead, the victims preferred to help themselves in coalition with help from others which they felt it played a pivotal role compared to if police were involved. Among those who reported their cases to the police, majority confirmed their thoughts that police didn’t record their claims. The only antidote to this quagmire on the part of the police it’s to aggravate their seriousness towards these cases. Possible victims should be encouraged to report their cases for the sake of their fundamental rights. Also, subsequent punishment should be executed to depict and confirm seriousness in matters relating to hate crimes (Home Office, 2018).

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Issues to policing

As (Cadeldue et al.2018, p. 3656) noted much of policing is conflictual and controversial by its very nature. The argument is depicted by the main debate of racism and races that have been constant through the 8o’s contemporary British policing to the current, featuring continuously in political discussions and popular media. The position of ethnic groups that are considered the minority gains an escalating interest. The criminal justice system acknowledged that the minority is not granted treatments that are equivalent to their counterparts, whites. The injustice was as showed by a good number of high profile cases leading to the creation of the public concern regarding whether racism only operates at an individual level or whether its embedded in police practices and policies.

There are two inquiries on Stephen Lawrence death that were made in the period: The MacPherson report and Scarman report, probing and investigating police approaches to discern the presence of racism in the system (Yuaval, 1999, p. 8). Both inquiries played a pivotal role in society concerning surfacing fundamental issue regarding police competence, power, personnel, training, and accountability. The phrase informing the presence of a crisis in policing carries a piece of clear and strong evidence against it.  Research conducted in Britain in the 1950s showed that racial prejudice and racism in police culture had spread extremely. Institutional racism concept is also connected to the practices known as ‘over-policing.’ As a result of the practices, the tension was created between black communities and the police.  In 1981, the relation edged with racist attacks incidents and the outbreak of violence. Stephen Lawrence murder serves as a good example.

Media representation about race hate crime

Emerson and Roulstone (2014, pp.3086) noted that relevant legislation aiming at promoting social cohesion that is usually claimed to be achieved by the Bias Laws compete with the alternative text and imagery within the media. However, several theoretical insights recognize and appreciate the impact of the media regarding its vital role of promoting distinct signals of identity. However, its still arguable that majority of the owners of media have preferred to sacrifice their reporting norms and standards in pursuit of commercial goals. As a result, ethical values are neglected with journalism that is sensational, biased and populist. An example is the five-track of the Bulgaria-language daily newspaper, that is, from July to November 2011. Only 15 articles out of 743 articles depicted a positive portrayal of the Romans (Hanes & Machin, 2014, pp.247). The observation made was despite many Bulgaria-based media signing a Code of Ethics requires that the media should reflect the needs of the minority and act as a platform to be used by minority representatives. Nevertheless, Bulgaria recognizes and appreciates ‘vulnerable group’ concept such as physical disability, female gender, female deprivation, and religious minority.

Conclusion and Recommendations

The terms ethnicity and race are sometimes used interchangeably and often loosely. Racism emanates from the fact that people have distinct biological differences. The term race is usually applied in phenotypic concepts denoting the physical features such as size and color. Among the many physical characteristics, color is the regular feature that defines a human race. Based on the academic concept, racism can be defined as practices and believes of people, institutions, and groups that can lead to discrimination of other people by racial or ethnic origin perception. There are different natures of hate crimes that are continuously aggravating by day. However, the statistics deliver a crystal clear message that hate crimes are not ending today, tomorrow or anytime soon. As per the respondent, the primary objective of reporting their cases to the police or other organization was to access emotional and practical support from the “serious crimes.” 60 % percent of the respondent targeted by ethnicities like the African Caribbean and a Pakistan had not reported their cases. One of the common explanation was related to their assumption that their cases will not be treated with the gravity they think it deserves by the police. Several theoretical insights recognize and appreciate the impact of the media regarding its vital role of promoting distinct signals of identity. The policies should be modified in a manner that they have “zero biasness” to any member of the public. Bodies drafting and implementing the policy should be from both the minority and majority for equal consideration and representation.

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References

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