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An analysis of 271 statutes from all 50 U.S. states, found that every state legislates hate crimes differently, resulting in differential justice in these cases.
Newswise — Hate crimes in the United States have increased in frequency in recent years. The rise of antisemitism, white supremacy and religious extremism has prompted the federal government and many states to pass several pieces of legislation targeted at crimes motivated by hate.
To better understand the nature of these laws, researchers from Florida Atlantic University conducted a content analysis that focused on the nation’s hate crime legislation from all 50 states following the 2016, but prior to the 2017, legislative session.
The final data analysis consisted of 271 statutes and four themes emerged from the data, including how hate crimes have been contextualized, inconsistencies in hate crime legislation coverage, differences in court procedures in hate crime cases, and state efforts to combat hate crimes.
Results of the study, published in the journal Victims & Offenders, showed that race, national origin, religion, sexual orientation, and disability were among the most recognized classes and populations in hate crime legislation. However, coverage differed greatly within these classifications due to how states conceptualize them.
“Every state legislates hate crimes differently, which results in differential justice in these cases across the nation,” said Seth Fallik, Ph.D., lead author, associate professor and undergraduate coordinator in the School for Criminology and Criminal Justice within FAU’s College of Social Work and Criminal Justice.
Among the study’s key findings:
California offered the most encompassing law, as it clearly delineates protected classes and locations, while conceptualizing both. The researchers say California should serve as a basis for states moving forward, as it addresses the vagueness and inconsistent nature of other state statutes.
“There still much more work to be done. We suggest that state legislation provide greater conciseness and specificity to the law and courtroom procedures, be mindful of appropriate social science definitions, apply equal coverage to institutions, and provide victims’ resources and public services through legislation,” said Cassandra Atkin-Plunk, Ph.D., co-author, an associate professor, and associate director in FAU’s College of Social Work and Criminal Justice. “By doing so, hate crime and its harms can be adequately addressed within the criminal justice system.”
Study co-authors include Scott Gardner, a graduate student in FAU’s School of Criminology and Criminal Justice; Alexandria Remillard, a graduate assistant at the University of Colorado, Colorado Springs; Thomas Venuto, a graduate of FAU’s College of Business; and Adam Dobrin, Ph.D., an associate professor in FAU’s School of Criminology and Criminal Justice.
– FAU –
About Florida Atlantic University: Florida Atlantic University, established in 1961, officially opened its doors in 1964 as the fifth public university in Florida. Today, the University serves more than 30,000 undergraduate and graduate students across six campuses located along the southeast Florida coast. In recent years, the University has doubled its research expenditures and outpaced its peers in student achievement rates. Through the coexistence of access and excellence, FAU embodies an innovative model where traditional achievement gaps vanish. FAU is designated a Hispanic-serving institution, ranked as a top public university by U.S. News & World Report and a High Research Activity institution by the Carnegie Foundation for the Advancement of Teaching. For more information, visit www.fau.edu.
Journal Link: Victims & Offenders
Victims & Offenders
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