ABSTRACT

This chapter explores how the notion of a hate crime came into being and what the various statutory responses look like. It also examines some court challenges and then tries to determine how many hate crimes occur annually in this country. The chapter explains how the law enforcement and prosecutor sectors have reacted reveals some complexities that have forced the US Supreme Court to step in and address. It elaborates on the features that distinguish a hate crime from a regular crime. The chapter then explores three factors that typically intersect before there is a resolution to the hate crime problem. It sketches out the state and federal responses to the problem of hate crime and then explains the probe issues surrounding the First Amendment and hate crime laws. The chapter further composes a picture of hate crime victimization based on the FBI UCR and the NCVS information, and also elaborates on prosecutorial strategies pertaining to hate crime charges.