NCJ Number
129599
Journal
Harvard Civil Rights-Civil Liberties Law Review Volume: 25 Issue: 2 Dated: (Summer 1990) Pages: 287-340
Date Published
1990
Length
54 pages
Annotation
The purpose of this article is to help State legislators enact legislation to combat hate-motivated violence, since current Federal and State laws do not offer adequate protection and relief to victims of such violence.
Abstract
Federal laws provide criminal penalties but afford few opportunities for victims to secure injunctive relief and monetary compensation. State laws address only particular conduct such as cross burning, desecration of places of worship, and engagement in paramilitary training. Legislative definitions of hate-motivated violence must recognize four factors: (1) the violence includes acts of intimidation and harassment, and physical force is not a necessary component; (2) the violence can be directed against persons because of their association with a group; (3) the violence can be directed against persons because they exercise or attempt to exercise certain rights such as free speech, privacy, or association; and (4) the violence is perpetrated by private persons as well as by officials acting under the law. Comprehensive legislation must include both criminal penalties and civil remedies. Legislation must also authorize judges to impose stiff penalties that signal the community's contempt for the offense. As of 1989, 34 States had no civil statutes directed against hate-motivated violence, and at least 4 States had no civil or criminal penalties. The Massachusetts Civil Rights Act (MCRA) enacted in 1979 is viewed as a reasonably comprehensive civil rights law that covers hate-motivated violence. Provisions of the MCRA are detailed, and recommendations to assist in the drafting of legislation to combat hate-motivated violence are offered. An appendix contains a model act to deal with hate-motivated violence. 260 footnotes