The Homogenization and Differentiation of Hate Crime Law in the United States, 1978 to 1995: Innovation and Diffusion in the Criminalization of Bigotry

The Persecution of Gypsies in Europe

“…Paralleling the pattern of growth in status provisions, there is a similar pattern of growth in the kinds of activities referenced in hate crime statutes (Grattet, Jenness, & Curry, 1998). As the laws diffused, states began to expand the range of covered crimes from assault, vandalism, and intimidation to blocks of crimes (e.g., felonies), and more recently, some states have even passed laws that permit any crime to be converted into a hate crime (e.g., Vermont).…”

“…The most pervasive categories reflect the oldest, most established, and most recognized axes of oppression. The salience of these categories reflects the success of the 1960s-era civil rights movement in galvanizing particular categories in the public consciousness and in legal discourse (Grattet et al, 1998). Legislators, by and large, do not contest the prevalence and seriousness of hate crime motivated by these categories (Jenness, 1999).…”

“…In 1981, the ADL created and began to promote a model hate crime law. Five kinds of statutes were included: institutional vandalism (vandalism directed at religious institutions), intimidation (including assault, trespass, vandalism, or harassment), a civil action for both kinds of crime, data collection, and police training law (for a review, see Grattet, Jenness, & Curry, 1998;Jenness & Grattet, 1996). These elements continue to form the core policy agenda for the hate crime policy domain.…”

The legislative context of prejudice motivated victimisation: perceptions of police legitimacy and citizen decisions to report hate crime incidents

“…Grattet and Jenness (2001), however, describe prejudice motivated crime "as an age-old problem approached with a new sense of urgency" (Grattet & Jenness, 2001, p. 668 (Marshall & Farrell, 2008;Shively, 2005). Grattet, Jenness, and Curry (1998) (US) (Dixon & Gadd, 2006). This inclusion on the legislative agenda was dictated by "radical social movements involving black people, peace activists, women, gays, lesbians and people with disabilities" (Dixon & Gadd, 2006, pp.…”

“…8 In 1981, Washington and Oregon first passed PMC statutes (Shively, 2005). 9 California passed the first PMC law on state level in 1978 including race, religion, colour and national origin as protected categories (Grattet et al, 1998 (Morgan, 2002).…”