HateCrime in Nevada
HateCrime in Nevada
Hatecrime has been defined in different ways one of the many definitionsput across is that, hate crime is any offense motivated by hostilityor discrimination either against a victim’s disability, racialbackground, religious stand or belief, individuals’ sexualorientation, and transgender identity. And for reporting purposes,hate crime is a criminal offence perceived by a victim, or adifferent individual to have been inspired by hostility or chauvinismbased on the monitored equality strand perception the fatality is ofthe monitored strand. For purposes of sentencing, a hate crimeentails the presence of sufficient evidence of hostility based on themonitored equality strand. Where a defendant is found guilty in courtof law for the aggravation, the justice system may impose a severesentence, where, evidence for promoting hostility and causingdistress may increase the severity of the sentence. This essay looksat hate crime instance in the Nevada how these crimes were dealt withby the law.
HateCrime in Nevada
Ahate crime entails an offense committed against an individual due tothe person’s ethnical or racial background, sexual orientation,their religious belief, color, due to difference in theirnationality, those with disabilities either physical or mental, andmistreatment based on gender differences. An example of such anoffence in Nevada is terrorizing or beating someone because of theirsexual orientation, says they are gay. However, the law in Nevadatreats hate crime as an enhancement of core crimes in the state,rather than an independent crime (Spiga, 2008).
Samplehate crime case
Tomwent to the park in Henderson and taunts Jason who is in a wheelchairby an act of repeatedly calling him cripple, this incident causedJason to develop feeling of getting suicidal, and he could no longerattend to his job or live independently. Despite, Tom hurting Jasonemotionally, he went uncharged at the Henderson Nevada DetentionCenter over committing hate crime since he never physically assaultedJason. On a second incidence, Tom punched, disposed Jason off hiswheelchair injuring him in the incidence. These actions made Tom toface federal hate crime charges for causing someone bodily injuriesdue to their disability.
Forthe above case, Tom received a sentence on assault as the underlyingcrime, in addition, an enhancement for being a hate crime. He issentenced under the Nevada assault and battery law NRS200.471,NRS200.481. Since the crime has had a huge impact on the victim, Tomis sentenced to 364 days in prison or fine $2,000 (McDevitt, Levin,and Bennett, 2002).
SocialLearning Theory and Motivation towards Committing Hate Crime
Hatecrime or bias motivated refers to hate motivated violence and thistype of violence is usually personal in nature, pertaining to anindividual’s race, ethnicity and nationality, religious background,physical or mental disability, or differences in sexual orientation.According to Craig (2002), hate crime is not a criminal offense thatis fully comprehendible based on behavioral manifestations, itsstatistical information, what may have instigated the crime. Instead,hate crime is more of a complex social problem calling for much morededicated research in the different forms of victimization. Thus,this section examines the implementation of a theoretical constructthat pertain to the social interaction of abnormal behavior and hatecrime.
Ina definition of the social conflict theory, Karl Marx and WilliamBonger broke down four different social classes that are in constantconflict to maintain their own status, at the same time make surethose that are below them in the social ladder are suppressed andremain under them (Craig, 2002). The identified social classes arethe Bourgeoisie, the Petty Bourgeoisie, thirdly, the Proletariat, andfinally the little Proletariat. All this class play importantindividual roles in the production and bringing about hate, which isnot hate in the classes but rather between different races.
Bourgeoisiewho are the business elite people in the society, which also includethose that own and control the mean of production, move thesurpluses, and those in liberal professions. This group belongs tothe upper social economic status since they are in control of trendsin capitalism takes. Under the Bourgeoisie system there exists asingle universal fear, which is fear of failure. On the contrary,Proletariats are the working class, and they do not own the means ofproduction, they work for a wage paid due to his manual labor. Thesepeople have failed in business and have to result to wage labor(Craig, 2002).
Forthe capitalist system to work properly, those with the means ofproduction, keep the cost of production low than the price ofproducts. Which increases the surplus value of the business, and inattaining this, higher class abuses the wage laborer where possible?This phenomenon automatically leads a social conflict between thesocially superior or the higher class and those beneath them, andthus the motivation to commit hate crimes to suppress the other.
Craig,K. M. (2002). Examining hate-motivated aggression: A review of thesocial psychological literature on hate crimes as a distinct form ofaggression. Aggressionand Violent Behavior 7(1),85-101.
McDevitt,J., Levin, J., & Bennett, S. (2002). Hate crime offenders: Anexpanded typology. Journalof Social Issues58(2),303-317.
Spiga,C. (2008). Thedifference between federal and state crimes.Retrieved on December 7, 2014, fromhttp://www.criminallawcourt.com/news/?p=211.