Bridgewater State University Hate Crimes Laws In USA Paper read the powerpoints provided https://learn-us-east-1-prod-fleet01-xythos.s3.us-east-1.amazonaw

Bridgewater State University Hate Crimes Laws In USA Paper read the powerpoints provided

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After reading chapter 3 and all of the material provided in this module, please write a 6-page (5 pages + Works Cited page) REACTION PAPER that does the following: identifies the arguments that support hate crimes laws and the arguments that oppose/critical of hate crime laws. Then considering the history of hateful acts and violence perpetrated against various populations in the United States, and which continue today, discuss what changes you would make to improve hate crime laws.

Due: September 22nd @ 8pm ET CHAP. 3 – MODERN HATE CRIME LAWS
CRJU 388-W01 HATE CRIME
FALL 2019
DR. PETROSINO
THE IMPORTANCE OF THE 1981 ADL MODEL STATUTE:
? It provided a guide to states interested in passing hate crime legislation that would pass constitutional
requirements.
? As of 2015 – only 5 states do not have hate crime laws:
Arkansas
Georgia
Wyoming
Indiana
South Carolina
? A rally to support a HC bill in Indiana – 24 min. YouTube video:
? https://youtu.be/LVJmga0KcFA
2
THE WISCONSIN STATE LAW:
? If a person does all of the following, the penalties…are increased:
(a) Commits a crime
(b) Intentionally selects the victim or property damaged
(c) Because of the actor’s belief or perception regarding the race, religion, color, disability, sexual orientation, national
origin or ancestry of that person or owner of that property
3
WISCONSIN VS. MITCHELL (1993)
? This U.S. Supreme Court decision affirmed the constitutionality of the ADL model statute.
? Essential elements: the Wisconsin statute is upheld – the statute proscribes conduct (not expression), it
specifically focuses on the conduct of intentional and discriminatory selection of a victim based on race.
? The Court upheld the constitutionality of penalty enhancement laws for hate crime.
4
THE SHEPARD-BYRD HATE CRIMES PREVENTION ACT 2009
? This federal law broadened the ability of federal authorities to prosecute local hate crimes.
? Remember that the Civil Rights Act (CRA) of ’64 & ‘68 only permitted federal authorities to be involved if victims
are targeted while engaging in federally protected activities.
? The Shepard-Byrd act eliminates the requirement that the victim be engaged in federally protected activities
during the attack.
? The law also provides additional resources to state and local authorities in the investigation and prosecution of
HC cases.
? Upon invitation by state or local authorities, federal prosecutors can directly prosecute a HC case.
? Finally, it increased the # of protected categories to include: race, color, religion, national origin, gender, sexual
orientation, gender identity, & disability.
5
CROSS – BURNING LAWS
? Rival White Supremacist Groups Unite to Fight “Race War”
? https://youtu.be/YRKrOcCmgxQ
? WAVY Archive: 1979 KKK Cross Burning
6
ANTI-MASK WEARING LAWS
? Is it Illegal to Wear Masks during protest? (NY Times article) ? https://www.nytimes.com/2017/04/26/us/protests-masks-laws.html
? Georgia Police and the KKK –
? https://www.washingtonpost.com/news/morning-mix/wp/2018/04/23/georgia-police-invoke-anti-mask-law-made-
for-kkk-to-arrest-racism-protesters/?noredirect=on&utm_term=.417412ebc4a6
7

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