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Show HINCKLEY JOURNAL OF POLITICS 2002/2003 The Hate Crimes Debate in Utah Jennifer Lee Jones A "hate crime" is any criminal behavior in which a person or property is victimized, in whole or in part, solely because of the offender's bias against the victim's race, religion, ethnicity, national origin, ancestry, disability (mental or physical), gender, age, or sexual orientation (FBI, Hate Crime Statistics 2000, 1). As of 2000, Utah had a higher percentage of hate crimes in several categories compared to the national average, including race, religion, sexual orientation, ethnicity, and disability. The federal government still does not have an official hate crimes statute, and Utah's current law is considered by many to be too weak to be effective. Efforts to modify the law have been frustrated by several emotionally charged factors, including disagreement on the inclusion of language regarding sexual orientation. INTRODUCTION The images are vivid and stark: James Byrd, dragged behind a truck to his death by white supremacists because he was black; Matthew Shepherd severely beaten, hung on a fence, and left outside to die because he was gay; and Swastikas and anti Jewish messages spray-painted on synagogues are well known examples of hate crimes that have been committed in the United States. An important policy question remains: "Are hate crimes more severe, heinous and deserving of stronger penalties and punishment than other kinds of crime? And does Utah need to vitally change, strengthen and improve its current hate crimes statute to meet the needs of law enforcement and come into step with the rest of the nation?" The hate crimes debate is a major and multifaceted issue, overwhelming in its breadth and scope. Citizens are torn and /or influenced by passionate appeals on all sides of the political spectrum. This paper will define hate crimes and compare Utah to the nation overall. It will give the historical background on current hate crimes statutes on the national and Jennifer Lee Jones graduated in 2002 with a B. A. in Political Science and a Minor in Philosophy. She served a HincJdey Institute internship in the Utah State Legislature during the 2001 General Session. She currently serves as Administrative Assistant for Holladay City's Envision Holladay Committee. The author wouJd like to thank Ted Wilson, Tim Chambless, Dan Jones, and Jayne Nelson for their support during her internships. She would also like to thank Dr. Robert Benedict and the many others who assisted in the writing, editing, and compilation of information for this article. And finally, she would like to express her gratitude to the late Utah State Senator Pete Suazo for his commitment to equality and diversity. state level, as well as the challenges to those laws, and the policy alternative offered to resolve hate crimes issues. DEFINING HATE CRIMES A hate crime is any criminal incident in which a person or property is victimized, in whole or in part solely because of the offender=s bias against the victims=s race, religion, ethnicity, national origin, ancestry, disability (mental of physical) gender, age or sexual orientation (FBI Hate Crime Statistic 2000. 1). Utah's Bureau of Criminal Investigation (BCI) and the Commission for Public Safety (CPS) describes what a hate crime is NOT: • Any crime where the offender Ahates@ the victim. • Any crime involving two or more different races, religions, etc. • Any crime where a member of a majority group victimizes a member of a minority group. (BCI, 2001). The BCI and CPS also state that hate crimes law is not designed to protect any specific race, religion, and ethnic/national origin group or sexual orientation group. The BCI provides several examples to better explain the difference between hate crimes and another kind of crime. Example 1- A white man and a black man are drinking alcohol and playing poker, and one accused the other of cheating. A fight results and one man is injured by the other. Even though one man was white and the other black, this IS NOT a hate crime because the offender was motivate by anger, money and the alcohol. Example 2- Swastikas and Nazi slogans are painted on a Jewish synagogue. This IS a hate crime because Nazi symbols are recognized as being anti-Jewish, and are intended to intimidate the members of the synagogue. 49 |