The Likelihood of Injury Among Bias Crimes: An Analysis of General and Specific Bias Types.

Abstract

In 2009, President Barack Obama signed the Mathew Sheppard and James Byrd Jr. Hate Crimes Protection act and thereby extended the list of previously protected classes of victims from actual or perceived race, color, religion, national origin, disability and sex orientation to gender and gender identity. Over 45 states, the District of Columbia and the federal government now include hate crime statutes that increase penalties when offenders perpetrate hate crimes against protected classes of victims. Penalty enhancement statutes sanction unlawful bias conduct arguably because they result in more severe injuries relative to non-bias conduct. We contend that physical injuries vary by bias type and are not equally injurious. Data on bias crimes was analyzed from the National Incident Based Reporting System. Descriptive patterns of bias crimes were identified by offense type, bias motivation and major and minor injuries. Using Multivariate analyses, we found an escalating trend of violence against racial minorities. Moreover, relative to non-bias crimes, only anti-White and anti-lesbian bias crimes experienced our two prong "animus" criteria of disproportionate prevalence and severity of injury. However, when compared to anti-White bias, anti-Black bias crimes were more prevalent and likely to suffer serious injuries. Implications for hate crime jurisprudence are discussed.