User talk:Cdjsuarez/Sandbox

You've gathered a long list of sources but none of them appear to be specifically about Massachusetts. What information is in each of them that relates to your article? Put a note by each one explaining its relevance so I can assess the sources. Marlenefine (talk) 17:15, 25 February 2011 (UTC)

Hate Crime is a crime in which the defendant intentionally selects and is motivated by hostility to the victim because of the actual or perceived race, color, national origin, ethnicity, gender, gender expression or identity, disability, or sexual orientation of any person.

Defined by the state of Massachusetts

Under the state law of Massachusetts, a hate crime is "any criminal act coupled with overt actions motivated by bigotry and bias, including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.”

Background

Massachusetts adopted the Hate Crimes Reporting Act in 1990. The legislation created a Crime Reporting Unit to collect hate crime incident reports from law enforcement and required the unit to summarize and report on the information. Regulations establish criteria for determining whether a crime is a hate crime, provide a means for advocacy organizations to report hate incidents, specify the content of crime and incident reports, and specify the content of the annual report.

In 1991, the governor created the Task Force on Hate Crimes. The task force's principal tasks are (1) developing regulations to implement the Hate Crimes Reporting Act, (2) coordinating training efforts, (3) increasing submission of hate crime data, and (4) working with community organizations and victims' groups. Initiatives for 2000 include pilot programs in high schools, youth diversion programs, a new correctional diversity awareness program, outreach coordination, a victimization survey in schools, public awareness, creating civil rights investigative teams, encouragement of reporting by law enforcement, and continued training.

Hate Crime/Violence Should Be Charged Under At Least 3 Statutes:

Hate Crime Penalties Act

Those who commit a hate crime

• Shall be punished by a fine of not more than five thousand dollars or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
• Which results in bodily injury shall be punished by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than five years, or by both such fine and imprisonment. Whoever commits any offense described in this subsection while armed with a firearm, rifle, shotgun, machine gun or assault weapon shall be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years.

Civil Rights Criminal Statute

• Any person convicted of violating this provision shall be fined not more than one thousand dollars or imprisoned not more than one year or both; and if bodily injury results, shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than ten years, or both.

Generic Criminal Statute

• Simple Assault or Assault and Battery
• Assault and Battery with Dangerous Weapon
• Mayhem
• Assault with Intent to Murder or Maim
• Assault with Dangerous Weapon

National information.

Impact

Hate Crimes Prevention Act

Gives the Justice Department to prosecute hate crimes based on race, color, national origin, and religion and gives the Department the power to prosecute certain hate crimes committed because of the victim's sexual orientation, gender, or disability.

Political/Activist Support

President Bill Clinton (March 5, 1999)

• "All Americans deserve protection from hate. Nothing is more important to our country's future than our standing together against intolerance, prejudice and violent bigotry. Congress can give power to such shared values by passing the Hate Crimes Prevention Act. In so doing, all Americans can be more safe and secure."

22 State Attorneys General (March 5, 1998)

• "As state attorneys general, we are writing to express our enthusiastic support for the passage of Senate Bill No. 1529, the Hate Crimes Prevention Act of 1998… The amendment to 18 U.S.C. Section 245 would provide invaluable tools for the United States Department of Justice and United States Attorneys to combat hate crimes effectively. Therefore, we strongly urge passage of this important hate crime legislation."

Matthew Shepard's Mother, Judy Shepard (March 23, 1999)

• "Hate crimes are perpetrated against a group of people, not an individual… It is a form of domestic terrorism. On behalf of my family, I call on the Congress of the United States to pass this legislation right away. There is no guarantee that these laws will stop hate crimes from happening. But they can reduce them… They can help change the climate in this country, where some people feel it is okay to target specific groups of people and get away with it."

Statistics

The following are the number of hate crimes motivated by sexual orientation bias as reported by the Federal Bureau of Investigation under The Hate Crimes Statistics Act of 1990.

LGBT: Hate Crime

2008

1,617 hate crime offenses based on sexual-orientation bias were reported by law enforcement agencies.

Of these offenses:

• 58.6% were classified as anti-male homosexual bias.
• 25.7% were reported as anti-homosexual bias.
• 12.0% were prompted by an anti-female homosexual bias.
• 2.0% were the result of an anti-heterosexual bias.
• 1.7% were classified as anti-bisexual bias.

2007

1,460 hate crime offenses based on sexual-orientation bias were reported by law enforcement agencies.

Of these offenses:

• 59.2% were classified as anti-male homosexual bias.
• 24.8% were reported as anti-homosexual bias.
• 12.6% were prompted by an anti-female homosexual bias.
• 1.8% were the result of an anti-heterosexual bias.
• 1.6% were classified as anti-bisexual bias.

2006

1,415 hate crime offenses based on sexual-orientation bias were reported by law enforcement agencies.

Of these offenses:

• 62.3% were classified as anti-male homosexual biased.
• 20.7% were classified as anti-homosexual biased.
• 13.6% were classified as anti-female homosexual biased.
• 2.0% were classified as anti-heterosexual biased.
• 1.5% were classified as anti-bisexual biased.

File:2000-2003 Statistics.png

2000-2003 Statistics in MA

2005

1,171 hate crime offenses based on sexual-orientation bias were reported by law enforcement agencies.

Of these offenses:

• 60.9% were anti-male homosexual.
• 19.5% were anti-homosexual.
• 15.4% were anti-female homosexual.
• 2.0% were anti-heterosexual.
• 2.3% were anti-bisexual.

References

Draft

Hate Crime Laws in MA

Hate crime is defined by law - Under state law, a “hate crime” is “any criminal act coupled with overt actions motivated by bigotry and bias, including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.” It also includes any violation of several other laws. (Mass. Gen. Laws, chap. 22C, sec. 32.)

Penalties

Massachusetts has laws regarding hate-motivated violance or crimes, specifically the Hate Crime Penalty Act, which provides.

Penalties for those who:

• commit an assault or a battery; or, cause damage to a person’s real or personal property

• with the intent to intimidate a person because of sexual orientation as well as “race, color, religion, national origin or disability.”

(Mass. Gen. Laws, chap. 265, sec. 39.)

Criminal Laws

Criminal law, which punishes those who:

• by force or threat of force,
• willfully injure, intimidate, interfere with (or attempt to do so), or oppress or threaten a person
• in the free exercise or enjoyment of any right or privilege secured to them under state or federal constitutions or laws58. The penalties are higher when force is used than when it is not. 5

( Commonwealth v. Stephens, 25 Mass. App. Ct. 117, 123-24 (1987))

In order to track hate crimes, the State has also set up a reporting system so that incidents alleged are centrally recorded. To enter an incident of hate violence into the statistics, contact the Violence Recovery Program at Fenway Community Health, (800) 834-3242. (http://www.fenwayhealth.org/site/PageServer?pagename=FCHC_srv_services_vrp_hateCrime) — Preceding unsigned comment added by Cdjsuarez (talk • contribs) 17:58, 16 March 2011 (UTC)