According to the Federal Bureau of Investigations (FBI) there is not a single definition of Hate Crime. The FBI keeps track of hate crimes which are committed by the reports of the incidents they receive from local law enforcements agencies. Hate crimes are defined as a criminal act that are motivated wholly or partly by criminals because of race, religion, ethnicity, disability or sexual orientation. Hate crimes are committed against people, against property and against society. Each state has its own legislation, which allows each state to define hate crime laws and to choose which classification to include in their laws. Hate crimes are usually targeted in accordance with a person’s gender or gender identification, it is also targeted
…show more content…
This act says, if someone maliciously cause bodily injury with or without weapons and when the crime is committed because of religion, nationality, gender, sexual orientation, gender identity or disability of any human being regardless of interstate commerce it is considered a hate crime even if in that state that crime was not listed in their legislation. In general the development and enforcements of criminal laws is a power held solely by the states. This is a reflection of the principles of federalism, where states and federal governments can pass their own laws. Some federal laws prohibit hate crimes based on race, color, religion, and origin, regardless of the jurisdiction, and even if interstate commerce is not affected. States may pass their own hate crime laws and include what they see as fit for the benefit of their state. According to Fradella when the book Sex, Sexuality, Law and (In) Justice was written there were 31 states that have hate crime laws in their legislation that focus on sexual orientation. 27 states address gender …show more content…
It is important to differentiate hate crime from hate speech because it refers to expressive activities. In the case of Snyder v Phelps in 2011, the United States Supreme Court said that the funeral protests that was sending messages of anti-gay comments and that protesters were protected by the 1st Amendment. Speech and expressive activities are in fact protected by the first amendment because they are considered a basic right and strict and intermediate scrutiny must be in effect to examine these laws so they can be restricted. The first amendment does not forbid the use of speech to establish a crime it also does not prove motive or intent.
Marriage by definition has been changed since the beginning of civilization. The right to marry is a term that needs to be understood through laws and customs and the term marriage has changed greatly. In the past 5000 years marriage has been reinvented because of cultures, traditions, religious and political beliefs. Different cultures practiced
This act says, if someone maliciously cause bodily injury with or without weapons and when the crime is committed because of religion, nationality, gender, sexual orientation, gender identity or disability of any human being regardless of interstate commerce it is considered a hate crime even if in that state that crime was not listed in their legislation. In general the development and enforcements of criminal laws is a power held solely by the states. This is a reflection of the principles of federalism, where states and federal governments can pass their own laws. Some federal laws prohibit hate crimes based on race, color, religion, and origin, regardless of the jurisdiction, and even if interstate commerce is not affected. States may pass their own hate crime laws and include what they see as fit for the benefit of their state. According to Fradella when the book Sex, Sexuality, Law and (In) Justice was written there were 31 states that have hate crime laws in their legislation that focus on sexual orientation. 27 states address gender …show more content…
It is important to differentiate hate crime from hate speech because it refers to expressive activities. In the case of Snyder v Phelps in 2011, the United States Supreme Court said that the funeral protests that was sending messages of anti-gay comments and that protesters were protected by the 1st Amendment. Speech and expressive activities are in fact protected by the first amendment because they are considered a basic right and strict and intermediate scrutiny must be in effect to examine these laws so they can be restricted. The first amendment does not forbid the use of speech to establish a crime it also does not prove motive or intent.
Marriage by definition has been changed since the beginning of civilization. The right to marry is a term that needs to be understood through laws and customs and the term marriage has changed greatly. In the past 5000 years marriage has been reinvented because of cultures, traditions, religious and political beliefs. Different cultures practiced