Threat,emboldenment, or both? The effects of political power on violent hate crimes*

How do expressions of support or opposition by the U.S. federal government, influence violent hate crimes against specific racial and ethnic minorities? In this article, we test two hypotheses derived from Blalock's (1967) conceptualization of intergroup power contests. The political threat hypothesis predicts that positive government attention toward specific groups would lead to more hateful violence directed against them. The emboldenment hypothesis predicts that negative government attention toward specific groups would also lead to more hateful violence directed against them. Using combined data on U.S. government actions and federal hate crime statistics from 1992 through 2012, vector autoregression models provide support for both hypotheses, depending on the protected group involved. We conclude that during this period, African Americans were more vulnerable to hate crimes motivated by political threat, and Latinx persons were more vulnerable to hate crimes motivated by emboldenment.     

‘There’s just places ya’ don’t wanna go’: the segregating impact of hate crime against Native Americans

Between 1999 and 2001, I interviewed or surveyed nearly 300 Native Americans in seven states, in an effort to uncover insights into the prevalence, dynamics, and local contexts of hate crime as experienced by Native Americans living in remote, rural reservations. One of the predominant themes that emerged revolved around one of the most damaging effects of the ongoing racial harassment and violence that threatens them on a daily basis. What I have observed is that hate crime has become an institutionalized mechanism for establishing boundaries, both social and physical. It reinforces historical patterns of withdrawal and isolation, in short, segregation. Through violence, the threat of violence, or even through the malevolent gaze, Native Americans are daily reminded that there are places in which they are not welcome. For too many American Indians, the perception, if not the reality of ‘what’s out there’ has its intended effect of keeping people in their place.     

Gender ‘Hostility’, Rape,and the Hate Crime Paradigm

This article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels (both conceptual and evidential) between gender‐motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate‐motivation of many sexual violence offenders, the criminal justice system can begin to move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes.     

STRUCTURAL INEQUALITY AND HOMICIDE: AN ASSESSMENT OF THE BLACK‐WHITE GAP IN KILLINGS*

This paper examines the relationship between race and violent crime by directly modeling the racial gap in homicide offending for large central cities for 1990. We evaluate the role of black‐white differences in aspects of both disadvantage and resources in explaining which places have wider racial disparities in lethal violence. The results show that where residential segregation is higher, and where whites' levels of homeownership, median income, college graduation, and professional workers exceed those for blacks to a greater degree, African Americans have much higher levels of homicide offending than whites. Based on these results, we conclude that the racial homicide gap is better explained by the greater resources that exist among whites than by the higher levels of disadvantage among blacks.     

Racist Offenders and the Politics of ‘Hate Crime’

In the UK and USA ‘Hate crime’ has become a topic of public controversy and social mobilization around issues of violence and harassment. This has largely but not exclusively addressed racism, homophobia and gender based violence. This article has three objectives. First, to situate hate crime legislation within a broad theory of modernity;secondly to examine the politics of its emergence as a public issue; thirdly to use data from the authors' recent research in Greater Manchester to illuminate the complexity of the concept of ‘hate crime’. The centrality of ‘hate crime’ to current debates derives from the importance of rights-based regulation of complex societies and the juridical management of emotional life. Hatred and violence have become problematic behaviour thrown into relief by a long term civilizing process. Hate crimes have thus acquired powerful rhetorical focus for mobilization of victim and identity politics. With reference to racist violence in Oldham and elsewhere in Greater Manchester, we argue that in its application and construction, however, ‘hate crime’ is a complex phenomenon that might dramatize rather than regulate the problems it seeks to address. This revised version was published online in July 2006 with corrections to the Cover Date.     

“A CROSS-BURNING IS NOT JUST AN ARSON”: POLICE SOCIAL CONSTRUCTION OF HATE CRIMES IN BALTIMORE COUNTY*

Growing public concern over racial and ethnic conflict and a perceived increase in hate crimes during the 1980s have led to legislation expanding the scope of the law and the severity of punishment for such offenses and to police-initiated efforts to focus attention on hate crimes. Although a number of critiques have examined the legislative approach, little attention has been devoted to the police response. This article examines the rationale for a police initiative in addressing hate crimes; the characteristics of incidents labeled as such in one jurisdiction, Baltimore County, Maryland; and some of the problems in defining, identifying, and verifying bias motivation. Because about 40% of the offenses initially considered by the Baltimore County Police Department to be motivated by racial, religious, or ethnic (RRE) prejudice subsequently are not verified as RRE motivated, a closer examination of all such cases permits insight into the social construction of “bias motivation” and related issues raised by a police hate-crime program. These include determining what forms of bias are eligible for special responses; identifying bias motivation; weighing the victim's perception of the event; determining the line between criminal and non-criminal incidents; and adopting consistent standards for verifying ambiguous events.     

Hate crimes on campus: racial/ethnic diversity and campus safety

Colleges and universities across the US have prioritized minority enrollments in their recruitment strategies, but theories offer to possible outcomes of increasing diversity on campus-increased racial harmony or increased racial tension. This study examines the impact of racial diversity on the reported number of hate crimes that occur on campus. Findings suggest that those schools that are most successful in recruiting the hardest to recruit minorities (Black and Latino students) report fewer hate crimes on campus. Implications for campus climate and racial dynamics on campus, as well as future research, are discussed.     

FILM REVIEW ESSAY

This work analyzes three so‐called anti‐racist films of the 1990s; American History X, A Time to Kill, and Higher Learning. Although each film discusses why racial hatred is problematic, a variety of underlying themes contradict the message of racial tolerance. Racial hatred is depicted as largely a group phenomenon perpetrated by individuals who elect or learn to hate. Each film portrays white characters as the heroes in the struggle for racial equality, while showing black characters in stereotypical fashion. Additionally, white supremacists are allowed verbally to present their position much more frequently and more passionately than are those who are already racially tolerant. This research analyzes these and other examples of white supremacist hegemony in these three films, and discusses implications for viewers.     

When More than Property Is Lost: The Dignity Losses and Restoration of the Tulsa Riot of 1921

Bernadette Atuahene's We Want What's Ours focuses on deprivations that go beyond property losses. Her focus is on the dignity harms to South Africans over centuries, such as denial of citizenship, that accompanied the theft of their land. I focus here on one grotesque episode of violence, the Tulsa race riot of 1921, to gauge dignity takings in a US context. Thousands were, in the parlance of the times, run out of town in a “negro drive.” They lost property, but also their community, and they could not assert their rights after the riot. This article turns to the ways in which African Americans in Oklahoma obtained rights through the courts that should have been protected around the time of the riot. This expands our sense of the range of responses, from apologies and compensation, to additional judicial process and substantive rights, that are needed for past racial crimes.     

Stereotypical Hate Crimes and Criminal Justice Processing: A Multi-Dataset Comparison of Bias Crime Arrest Patterns by Offender and Victim Race

Many hate crimes are not reported and even fewer hate crimes result in an arrest. This study investigates patterns of victim reporting and arrest for hate crimes in two parts. First, using data from the National Crime Victimization Survey, we find that, controlling for offense severity, hate crimes are less likely than non-bias crimes to be reported to the police and that the police are less likely to take further action for hate crimes, compared to non-hate crimes. Second, we use data from the Pennsylvania Human Relations Commission and the National Incident-Based Reporting System to compare differences between types of hate crimes in the likelihood of crime clearance. We find that those hate crimes most likely to result in arrest are those that fit the profile of a “stereotypical” hate crime: violent incidents, incidents committed by hate groups, and incidents involving white offenders and black victims.     

Tough-on-Crime Tolerance: The Cultural Criminalization of Bigotry in the Post-Civil Rights Era

This article extends critical scholarship on the problem of hate crimes in the U.S. into the field of cultural criminology. Highlighting the role cultural production plays in reinforcing identity-based social harms, this study analyzes the cultural construction of the figure of the white hate crimes perpetrator, or “the hater.” The article integrates findings from a comprehensive discourse analysis of major U.S. news sources from 1986 to 2010 with insights from the fields of whiteness studies and critical criminology. The study first finds that the figure of the hater embodies modern day bigotry through terse stereotypes about white poverty, masculinity, hate group membership, and criminality. It then argues that these widely distributed discursive performances create rhetorical opportunities to define bigotry as an individualized problem with law enforcement remedies and to further normalize extreme hate crimes cases. Ultimately, a new theoretical construct, “post-difference ideology,” is mobilized to challenge the hater’s prescribed role as folk devil.     

The impact of racial slurs and racism on the perceptions and punishment of violent crime

When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.     

Motives and legacies behind 2008-2009 Hungarian Roma murders and apologies

This research analyzes as hate crimes the 2008–9 Hungarian Roma mass-murders by extreme nationalists. Pertinent questions are: ‘What motivated the Roma Murders?’ and ‘How do these motives intertwine with cultural-historical legacies to affect both the murders and later official apologies?’ In examining motives, the essay shows how cultural myths of an ill-fated nation and collective memory of real historic tragedies made Hungarians receptive to an extreme nationalist ideology that transforms a national vision of tragic fate into a vision of a victorious future (Volksgeist). How Hungarian cultural-historical heritage assigns vulnerability and disability to the Roma is explored, and why assigning the same vulnerability to victims when Hungarians apologize for their complicity in the Roma murders cannot restore social justice. The essay adds to previous research the identification of common dynamics in both the hate crimes and later apologies, demanding that a very specific apology addressed to the Roma–as equal citizens–should follow two apologies that position the Roma as less than equal Hungarians.     

Race and place: The ecology of racial profiling African American motorists

We propose an ecological dimension to racial profiling by comparing the distribution of drivers on the roadways with officers' proactive surveillance and stop behavior in a predominantly white suburban community bordering a predominantly African American community. African Americans are subject to significant racial profiling, as reflected in disproportionate surveillance and stopping by the police when driving through whiter areas. Officers' behavior is not explained by African Americans' criminality because the “hit rates” for African American drivers are lower in white areas. Profiling is sensitive to race and place and manifests itself organizationally, reflecting community patterns of residential segregation.     

„So,what's a hate crime anyway?” young adults' perceptions of hate crimes,victims, and perpetrators

Male and female young adults provided responses to open-ended questions about hate crimes. Results indicated considerable variability in their definitions, with perceptions of hate crimes differing with regard to demographic characteristics of both victims and perceivers. Victims may experience hate crimes differently because of who they are, why they are victimized, and with whom they share their experiences. In a separate study, males and females each evaluated a scenario of a hate crime perpetrated upon a male or female victim. Whether the crime was described as motivated by racial or religious bigotry, heterosexism, or was ambiguous was systematically varied. The demographic status of the participant appeared to determine how disruptive they regarded the crime scenario, and the likelihood that they would report personal knowledge of a victim of a similar type of assault. None of the participants was likely to report knowledge of a victim of a heterosexist assault. Policy implications of results from both studies are discussed.     

University students’ support to penalty enhancement for hate crime

Laws enabling penalty enhancement for crimes motivated by hostility or prejudice, i.e. hate crimes, have become common in many countries. However, laws as a measure against hate crimes have been contested, because their deterrent effect has gained none or little support in the (limited) literature, and they may be considered symbolic rather than deterrent. This study investigates attitudes towards penalty enhancement for hate crimes. Previous empirical investigations of this question are scarce. The material consists of a survey targeting nearly 3000 Swedish university students. Support for penalty enhancement for hate crime was moderate, shown by one third of the total sample. Results supported the premise that students belonging to a minority group, assumed to be at risk of hate crime victimization, agree to a higher extent of penalty enhancement than students belonging to the majority. Previous victimization experiences and worrying about being victimized were not significantly related to punitive attitudes. However, respondents who perceived the risk of victimization to be increased for minority groups in general were more likely to support penalty enhancement for hate crime. Findings should be confirmed in a nationally representative sample since the public’s perspective on the criminal justice system is important for understanding and dealing with the social problem of hate crime.     

The Hate Crime Canon and Beyond: A Critical Assessment

Although it remains an empirical question whether the U.S. is experiencing greater levels of hate-motivated-conduct than in the past, it is beyond dispute that the concept of ‘hate crime’ has been institutionalized in social, political, and legal discourse in the U.S. From the introduction and politicization of the term hate crime in the late 1970s to the continued enforcement of hate crime law at the beginning of the twenty-first century, social movements have constructed the problem of bias-motivated violence in particular ways, while politicians at both the federal and state level have made legislation that defines the parameters of hate crime. Accordingly, this article identifies and examines the parameters of a hate crime canon in the U.S., which can first and foremost be described as a body of law that 1) provides anew state policy action, by either creating anew criminal category, altering an existing law, or enhancing penalties for select extant crimes when they are committed for bias reasons; 2) contains an intent standard, which refers to the subjective intention of the perpetrator rather than relying solely on the basis of objective behavior; and 3) specifies a list of protected social statuses, such as race, religion, ethnicity, sexual orientation, gender, disabilities, etc. Arguing that these features constitute the core parameters of the hate crime canon and attendant discourse in the U.S., this article offers a critical assessment of the emergence, institutionalization, and arguable consequences of ‘hate crime’ as a recently developed social fact - in the Durkheimian sense of the word - that is consequential for the politics of victimization in the modern era and the social control of violence against minorities more particularly. This revised version was published online in July 2006 with corrections to the Cover Date.     

Profiles of punishment and privilege: secret and disputed deviance during the racialized transition to American adulthood

This paper combines Glenn Loury’s (The anatomy of racial inequality. Cambridge, MA: Harvard University Press, 2002) thought experiments about racial inequality with Howard Becker’s (Outsiders: Studies in the sociology of deviance. New York, NY: Free, 1963) typology of deviance to guide the analysis of three waves of the National Longitudinal Study of Adolescent Health. The results reveal the racial anatomy of punishment and privilege during the transition to American adulthood. Our analysis points to a substantial pool of white American youth and emerging adults whose partying behavior is a prevalent form of unsanctioned secret deviance. These disproportionately white and economically advantaged secret deviants contrast with a smaller but significant number of African-American youth and emerging adults who dispute their designations by the juvenile and criminal courts as official deviants. While the privileged position of a party subculture may in social–psychological terms be enabling and even empowering for youthful and affluent white Americans, the selective punishment of other forms of drug activity and delinquency is disabling for African-Americans in profound and less recognized ways. The importance of the data presented in this paper is to expose the comparative probabilities of black and white punishment and privilege. The results reveal concealed racial conventions involved in the construction of the American collective conscience, which Loury identifies as a source of our cognitive imprisonment.     

The Old Jim Crow: Racial Residential Segregation and Neighborhood Imprisonment

This article examines the impact of racial residential segregation on imprisonment rates at the neighborhood level. Key to the strength of this enterprise is block‐group level data on imprisonment, crime, and other demographic factors for about 5,000 neighborhoods in North Carolina. These data also include information on county racial residential segregation from the Population Studies Center at the University of Michigan. Hierarchical linear models that control for neighborhood characteristics, such as racial diversity, crime, poverty, unemployment, median income, homeownership, and other factors, show that neighborhoods in more segregated counties have higher imprisonment rates than neighborhoods in less segregated counties. On average, neighborhoods in counties with segregation levels at the minimum of 41.4 are expected to have imprisonment rates of 0.186 percent, while neighborhoods in counties with segregation levels at the maximum of 95.6 are expected to have imprisonment rates more than twice as high, or about 0.494 percent.