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With a rise听in听hate violence across the country, provides a groundbreaking analysis of state and federal听hate crime听laws.听The report features a foreword by Judy Shepard, mother of Matthew Shepard and Board/Chair President of the Matthew Shepard Foundation. .)

The partners releasing the report are: Anti-Defamation League,听Asian Americans Advancing Justice 鈥� AAJC (Advancing Justice 鈥� AAJC),听Equality Federation听Institute,听James Byrd Jr. Center to Stop Hate at the Lawyers鈥� Committee for Civil Rights Under Law, Jews for Racial & Economic Justice, Lambda Legal, LatinoJustice PRLDEF, Matthew Shepard Foundation, National Black Justice Coalition, National Center for Lesbian Rights, National Center for Transgender Equality, National Council of Jewish Women, National Disability Rights Network, Sikh Coalition, Southern Poverty Law Center, and the Union of Reform Judaism. (.)

The report听provides听a comprehensive look at both the opportunities and limitations of hate crime laws听as a means of preventing and听addressing听hate violence.听While responding to hate violence is imperative, the report听finds that hate crime laws across the country are inconsistent听and provide听complex and incomplete methods of addressing hate violence.听This听analysis听comes amid a spike in hate crimes听in recent years鈥揳nd as听the country is examining听racial justice and听racial听bias in our criminal justice system.

鈥淎t a time of rising hate violence,听we need to听re-examine and expand our听responses. Hate crime laws serve a necessary purpose, but they are inconsistent, sometimes flawed, and can even听harm the very communities they are meant to serve. We need to improve our hate crime laws and engage in broader solutions听to reducing hate in our country. Like any law, hate crime laws alone won鈥檛 fix a problem as large as rising hate violence,鈥� said Ineke听Mushovic, Executive Director of MAP, an independent think tank focused on equality for all.

鈥淭he Southern Poverty Law Center is pleased to partner with the Movement Advancement Project in support of their thoughtful and comprehensive new Policy Spotlight report on national hate crime laws. Under the Hate Crime Statistics Act of 1990 (HCSA), the FBI is required to compile hate crime data from the approximately 18,000 federal, state, university, city, and tribal law enforcement authorities and publish an annual report. Because reporting is voluntary, hate crimes are vastly underreported. MAP鈥檚 extensive research reveals substantial gaps in current federal and state hate crime data collection efforts; the study also elevates the need to address root causes of hate violence while promoting non-carceral responses to these bias-motivated crimes. By highlighting the limitations of hate crime laws enforced by the federal government and utilized by 46 states across the country, this inclusive report offers important policy recommendations for community-based victim services and prevention and restorative justice programs. The Policy Spotlight report is a vital resource that can contribute to federal hate crime data collection, as well as training and prevention efforts,鈥� said Margaret Huang, CEO of the Southern Poverty Law Center.

Hate Crime Laws听Vary听Widely听Across the Country听
The report finds that the federal and state governments responses to hate violence vary widely. This complex patchwork means that听someone who experiences a hate crime may have a completely different set of protections, options, or access to resources depending on听where听the crime occurs.

It also provides an analysis of state hate crime statutes across听more than 10听distinct characteristics.听The common element across听state听hate crime laws is the use of criminal punishment, typically through sentencing听enhancements.

Challenges of Addressing Hate Violence Through the Criminal Justice System听
Addressing听hate violence听when it happens听is imperative. State听hate crime laws provide听avenues听for responding to hate crimes, but they also听highlight听the听challenges听inherent in the criminal justice system.听These challenges illustrate paths forward for both improving hate crime laws and responding more comprehensively to hate violence:听

路听听听听听听 Failing to address root causes of violence, as current hate crime laws focus on punishing听people charged with hate crimes without challenging underlying biases听at the individual and broader societal levels.听Additionally, harsher sentencing has not been shown to deter crime.听

路听听听听听听 Widespread bias in the criminal justice system听results in significant racial disparities, as well as听disparities for LGBTQ people, people with disabilities, and low-income people. These are听often the very communities that are targeted for hate violence. Evidence shows that, for example, even though听the majority of听hate crimes are committed by white people, many states鈥� law-enforcement-recorded hate crimes disproportionately list Black people as offenders.听听

路听听听听听听 Flaws in hate crime data collection and reporting are widespread,听and the current system of federal data collection relies only on the voluntary participation of law enforcement. Additionally, victims of hate crimes may be wary of reporting the crime to the police if they do not trust the police.

路听听听听听听 Changing the intent of the law,听for example, by attempting to add听police officers 鈥� a profession 鈥� as a protected class听in hate crime laws,听despite the fact that听all 50 states already have criminal statutes that specifically address and punish violence against a law enforcement officer.听听

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Expanding Solutions to Address Hate Violence听
The听report highlights听opportunities听for听both听improving hate crime laws听and better听supporting communities听affected by hate violence:听听

路听听听听听听 Investing in communities that are harmed by hate violence,听such as people of color, LGBTQ people, people of minority faiths, and disabled people.听Expanding nondiscrimination protections听and investing in social safety nets听will help reduce the instability caused by discrimination. In turn, this reduces听vulnerable communities鈥� exposure to potential violence.听听

路听听听听听听 Preventing violence听through work that not only aims to reduce hate crimes, but also works听to reduce hate and violence听overall.听听

路听听听听听听 Improving law enforcement accountability and training, including听addressing how听law enforcement听can disproportionately harm听vulnerable communities.听

路听听听听听听 Improving data collection听can help connect听people impacted听by hate crimes to听resources and support.听More robust data听can also听support more tailored responses to hate violence, track听potential disparities or bias in the enforcement of hate crime laws,听and听evaluate the efficacy of non-carceral responses to hate crime.听听

路听听听听听听 Shifting focus toward support and healing, such as through expanded measures to support victims and survivors of hate crimes, community education and response strategies, and non-carceral approaches to justice.听 听

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鈥淎s our country continues to grapple with听racial听injustice, bias in the criminal justice system, and rising hate violence against听too听many communities, it is critical that we reexamine our responses to hate crimes. It鈥檚 clear that additional solutions are needed听to address hate violence, including a careful review of how hate crime laws in their current and potential forms fit into the work of building safe听communities听for everyone,鈥� said听Mushovic.听
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