Hate Crimes

"Though America had been rightfully portrayed as born of democratic principles, to no less an extent was it born of undemocratic ones. America is thus a living contradiction of many dimensions -- historical, sociological, and psychological -- that have manifested themselves at every level of society -- individual, communal, and natural".

So writes Philip Perlmutter, whose Legacy of Hate explores this "living contradiction" by tracing the development of American minority group relations, beginning with the arrival of white Europeans and moving through the eighteenth and industrially expanding nineteenth centuries; the explosion of immigration and its attendant problems in the twentieth century; and a final chapter exploring how prejudice (racial, religious, and ethnic) has been institutionalized in the educational systems and laws.

Throughout this provocative book, Perlmutter focuses on where and why various groups encountered prejudice and discrimination and how their experiences have shaped the society,we live in and how we think about one another.

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.

The author presents historical specificity for a modern theory of hate crime, then rigorously tests the theory with interview data derived from skinheads who have committed an array of violent acts against persons because of their race, religion, or sexual preference--the classic "outgroups" of American society.

The kidnaping and beating death of a gay University of Wyoming student; the dragging death of a black man in Jasper, Texas, by advocates of "white pride" -- these two isolated incidents of violent crime occurred in 1998, not 1898, and are painful reminders that bigotry and prejudice stubbornly remain well entrenched in American culture.

What, in today's seemingly enlightened society, compels a bigot? How do prejudice and hatred emerge, and sometimes lead to such horrific violence? What can be done to overcome this subversive social undercurrent?

Updated and augmented with new essays on crimes against religious groups, gay bashing, and current court cases, this is a concise and relevant collection of essays that pinpoints the definitions, origins, and outcomes of intolerance in America.