Danlyn Middleton
To Live Without Fear
There are many influential documents for which the United States of America was founded
on; the Declaration of Independence, the Pledge of Allegiance, and the United States
Constitution are three well known documents that ensure the rights of the people of the
United States. The Pledge of Allegiance states that we are “One Nation” and the
Declaration of Independence states that “all men are created equal.” The term “Hate
Crime” defined by Public Law #103-322A, a 1994 federal law, defines a hate crime as: “a
crime in which the defendant intentionally selects a victim, or in the case of a property
crime, the property that is the object of the crime, because of actual or perceived race,
color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any
person.” Although this is the federal definition, each state has their own legal hate crime
statues, which states what constitutes and is punishable as a hate crime in that state. Some
states do not recognize hate crimes at all, yet, as it clearly states in the countries founding
documents the people of this country are “one nation” and “all men are created equal.” The
number of hate crimes being committed is growing in numbers. What is considered a “hate
crime” today is no longer restricted to the issue of black and white, but the national
standard for these crimes remains unclear.
Some individuals feel that hate crime legislation or Hate Crime Laws are not only
unconstitutional, but redundant and unnecessary. The writer of “Hate Crime Laws Are
Unnecessary” argues that “hate crime laws, whether at the state or federal level, are not
necessary” (“Hate Crime Laws Are Unnecessary”). The writer further argues that passing
such laws will not prevent crimes motivated by bias or hatred from occurring, nor will it
keep future victims alive or unscathed. Multiple related cases are referenced in this article
to include the Michael Shepard and James Byrd case. The writer makes examples of cases
that occurred in states where hate crime laws were in effect, yet it did not prevent the crime
from happening; individuals who are discriminated against will be discriminated against
no matter what or how many laws are passed. He goes on to state that “The violent acts
that are included in hate crime statues are crimes that are already prosecuted under state
criminal codes. Murder is Murder,” and “We all know you can’t kill someone twice or
