Hate crimes encompass the traditional offenses as murder, vandalism or arson that have an added element of bias. About the issue of collecting data, hate crimes encompass offenses against an individual or property that are motivated in whole or part by the offender's bias against religion, race, disability, ethnicity, gender orientation gender or gender identity. The additional attribute about this topic is the assertion that hate in itself is not a crime as people have to enjoy their freedoms. The victims do not have to belong to the group in that anyone can fall victim to hate crime. The hate incidents appear to as crimes to the individuals suffering them and in most cases escalate to crimes or tension in the concerned society. The law enforcement agencies can only prosecute once the law has been broken but can also work with their partners in trying to prevent the possible escalation seriousness. The selection of the US and Mongolia is for the reason that the two countries have some of the most documented and publicized cases of hate crimes. Additionally, the fact that the two countries are in different parts of the globe was vital in assisting in assessing the situation as a global and not a state problem. Lastly, the U.S and Mongolia are examples of the two most dynamic economies and issues of hate crimes pose a significant threat to the success of these economies due to the negative image they generate.
Hate Crimes in the U.S
In the year 2012, there was approximately 293,000 nonfatal violent as well as property hate crime victimization that had occurred against people aged 12 years and older in the US households. The increase in the number of hate crimes from the previous one in 2011 was not insignificant (Altschiller, 2015). The findings were from the bureau of justice statistics, as well as the national crime victimization survey (NCVS) was had been collecting the data on the crimes that are motivated by hate from the year 2003. The FBI, as well as the NCVS reports on hates crime statistics program which offer the chief sources of annual information on hate crimes in the US, relies on the definition that is presented but the hate crimes statistics act. According to the Act, hate crimes indicate evidence of prejudice that is based on gender, race, religion, gender identity, disability as well as sexual orientation.
Regarding the number of hate crimes in the US, it follows that in the year 2012, the hate crimes were accountable for 1.2% of all the victimization and additionally 4.2% of all the cases of violent victimization. There was no statistically significant change that was observed in the assessment of the overall number of hate crimes as well as the hate crimes that took place between 2004 and 2012. Following the decline of the hate crimes between 2004 and 2005, the rate of property hate crimes victimization was stable from 2005 to 2012 (Altschiller, 2015). About the issue of motivation, it was evident that approximately 58% of the hate crime victims reported more than just one type of motivation in 2012. It is additionally evident that the victims perceived that bias had motivated the offender against the victim’s ethnicity in 51% of all the hate crimes.
The attribute was a statistically significant increment from the 30% of the hate crimes that were motivated by ethnicity bias in the year 2011 and 22% in the year 2004 (Altschiller, 2015). The percentage of the hate crimes that have been motivated by religious bias was nearly three times higher in the year 2012 that it was in 2004, with 28% and 10% respectively although there was statistically significant change from the year 2011 to 2012 (Altschiller, 2015). In the year 2009, the Congress passed a new legislation meant to amend the hate crimes statistics act to encompass the hate crimes that exhibit evidence of bias against a certain gender or gender identity. The bureau of statistics has also been collecting information on the hate crimes that have been motivated by gender bias from the year 2003. The proportion of the hate crimes that have been motivated by gender bias was demonstrated to be more than two times higher that it was in the year 2011 (25%) and 2012 (26%) than it was in 2004 (12%).
The murder of James Byrd along with Matthew Shepard, encompass some of the senseless acts of abhorrence, reminding the Americans that brutality based on racial along with other intolerances still occurs. Additional atrocious examples comprise of the spree of hate-motivated shootings that took place in the 1999 4th weekend in Illinois as well as Indiana. The additional massacre of two gay men in California, along with arson attacks on Sacramento synagogues. In August of 1999, one man with connected to white supremacist organizations is suspected to have opened fire at a Jewish daycare center in Los Angeles murdering a Filipino-American postal worker. Additionally, in the year 2000, J.R. Warren, a 26-year old African American, homosexual man was attacked by two 17-year old boys who brutally beat him and consequently drove back and forth above him until he was dead.
On the issue of religious hate crimes, Jews, as well as Jewish establishments, were some of the biggest objects in America again last year. However, when it comes to hate crimes in general, the solitary biggest incentive by far is not a religion but race a situation that has been in existence for several years. These are two main takeaways the public can garner from the FBI’s lately released yearly review of hate crimes for the period ending in 2014. The additional element that can be said to be good news is the assertion that the hate crimes, on the whole, went down by approximately 8% in comparison to the situation in 2013 apart from for hate crimes that were meted against the Muslims and Muslim communities which increased by 14%. A number of hate crimes that targeted the Jews population in the same period fell to some extent, by roughly 2.5%.
The critics have for a long duration cautioned against taking into consideration the yearly statistical appraisal of hate crimes as released by the FBI’s Uniform Crime Reporting Program too accurately. The review as released November 16 entails a database that is accumulated from prejudice in addition to hating crime counts that have been submitted to the FBI by local police organs across the country on a charitable basis. Every local force utilizes their techniques in counting as well as categorizing these cases. Studies that were conducted by the Justice Department’s, amongst others, propose that the FBI statistics are accordingly much inferior to the actual level of hate crimes. The diverse police units in Hawaii, for instance, do not involve themselves these program at all. Still, many parties believe the annual appraisal to be at least a useful pointer of extensive patterns. In a thus year, 86% of the nation’s almost 18,000 law enforcement organs presented hate crime reports to the FBI, making it one of the highest percentages that have been recorded in the recent years.
According to the FBI, rates for hate crimes went down by approximately 8% in the previous year, whereby more than 6,400 hate crimes were reported, in comparison to the almost 7,000 in 2013. According to the available data, 47% of these cases in 2014 hate crimes had been aggravated by racial intolerance. They were preceded by crimes that were motivated by ethnicity at 11.9%, gender identity at 1.8%, disability at 1.5% while gender had the least at gender 0.6%. In the previous years, the Jews were the most regular victims of all the reported hate crimes that targeted members of a certain religious group. Out of all the 1,140 reported sufferers of anti-religious hate crimes, 648, which is almost 57%, were Jewish. In this case out of the 1,014 reported anti-religious hate crime incidents although there are those that had more than one victim, 609 cases which are slightly over 60%, targeted Jews.
In those cases where data information that has been submitted by the local law enforcement organs allow, the FBI report recognizes perpetrators by race along with ethnicity; but not by religion. Out of the anti-Jewish hate crime executors whose ethnicity could be established, 87 of the perpetrators were white while 20 were African American. An additional 231 of the acknowledged offenders were of unknown race (Southers, 2014).The Muslims encompassed the second most regulatory target for the anti-religious crimes. The Muslims were targeted in almost 154, which are approximately 15.2%, of the reported incidents. A considerable number of the anti-Jewish hate crimes which were 451 cases encompassed of destruction as well as some additional category of property damage (Southers, 2014). The figures for more grave offenses against Jews were approximately the same as for more grave offenses which were meted against the Muslims. There were more motivated assaults as well as robberies against Muslims, furthermore more easy assaults, burglaries, thefts, intimidations, thefts as well as arson offenses against Jews.
While FBI reports have been contested over the years for undercounting hate crimes, including by the Bureau of Justice Statistics, some experts argue that the reports are still capable of signaling trends. According to the President of Southern Poverty Law Center, the diminutive FBI hate-crime statistics can be accredited to, amongst other issues, the lack of collaboration from law enforcement organs in reporting the reporting of incidents. Additionally, the fact that a hefty section of victims fail to report such crimes sometimes with the supposition that nothing will be done is accountable for the dismal number of cases reported. The SPLC contemplates that anti-Muslim acts will persist to rise in 2015 (Southers, 2014). The organization addresses the beheadings in addition to other attacks implemented by the Islamic State group as likely to stimulate anti-Muslim outlook. In the house of the attacks on Paris some time back, 25 U.S. governors have surfaced with sentiments against accommodating Syrian refugees into their states.
Every year was starting from 2004 to 2012; the violent crimes were accountable for a superior percentage of the hate crimes that the case was for the no hate crimes. The percentage of the crimes that were related to violence demonstrated an increase from 78% in the year 204 to 90% in both 2011 and 2012 (Perry, 2013). Conversely, there was no statistically significant difference that was observed in the percentage of the hate crimes that encompasses serious violence as well as simple assault in these years. In the year 2012, the serious violent crimes were accountable for a bigger percentage relating to all the crime victimizations (27%) than the non-hate crime victimization that had a percentage of 8%. There was no statically significant difference that was observed in the year 2012 between the percentages of the hate crimes (30%) along with the non-hate crimes that involved serious violence (Perry, 2013).
The evident increase in the hate crimes against the Hispanic population has a correction with the growing debate on the issue of comprehensive immigrant reform as well as the escalation in the degree of the anti-immigrant vitriol in the television on, radio as well as the internet. The common trend is that the anti-immigration fervor has been directed against a certain group and possess the potential to turn violent. The inflammatory remarks that target the immigrants have a direct input on the increase in the number of hate crimes against the Hispanics along with the others perceived to be immigrants (Southers, 2014). These inflammatory remarks additionally increase the sense of fear among the targeted group as well as the other minorities in the communities around the country.
One of the most disturbing developments relates to growth in the number of groups that oppose the immigration reforms as the Federation for American Immigration Reform (FAIR) as well as the NumbersUSA. These groups have inflamed the immigration debate via invoking the racist, dehumanizing as well as bigotry of the hate crimes. The inflammatory, anti-immigrant remarks have also successfully infiltrated the mainstream media encompassing the shrill anti-immigration reform commentaries from the high profile media personalities as talk show network’s Michael Savage and CNN’s Dobbs (Newton, 2009).
Numerous interventions have been implemented as the US tries to deal with the issue of hate crimes. Among the interventions is the fact that the local governments are continuing with the establishment of ordinances against the hate activities that are modeled on the prevalent hate crime law that relates to the crime laws in that state. The human rights commission is additionally facilitating as well as coordinating discussions; training, as well as events, mean to enable citizens to discuss their differences, hopes, commonalities as well as dreams (Newton, 2009). These forums focus on the common attributes of the community life as education, cultural as well as recreational opportunities, and community attitudes along with racial and ethnic diversity. The media has been playing a significant role also in the reduction of the hate crimes by ensuring that they report accurate, thorough as well as responsible content that has a high likelihood of promoting stability as well as harmony in the society (Newton, 2009). Strengthening the penalties for the individuals caught committing the crime has additionally produced positive results as the case of tough sentencing has increased the deterrence capabilities of the existing laws.
The interventions have been quite successful in that they managed to reduce the number and violent nature of the crimes as there has been the promotion of coexistence among the people from the different backgrounds in the society. It is additionally clear however that the abhorrent nature of comments by the politicians, however, was negating the gains that have been made by the stakeholders in the area of reducing the hate crimes.
Hate Crimes in Mongolia
Mongolia is among the fastest growing economies in the world as a result of the huge quantities of the untapped mineral wealth, an issue that has promoted the expansion of the foreign mining investment. Although the country is transforming their strategic sector, there are certain social changes as well as political reforms that are taking place. The government has embarked on the adoption of hate crime legislations as they try to integrate sweeping reforms within the country’s legal system. Hate crimes along with discrimination are still the most serious issues, and the vicious attacks against the homosexuals and foreign minorities residing in the country continue tainting the country’s human rights record. In the year 2012, the national human rights commission published a report that argued that the recent years had seen roughly 80% of the Mongolians identifying themselves as LGBT experienced some form of discrimination or abuse (Hall, Corb, Giannasi & Grieve, 2014). Additionally, a huge number of the LGBT persons have admitted that they have considered committing suicide as a result of the intolerance exhibited by the society.
Although statistics do not exist, the human rights commission received attention even further back to the year 2011 whereby the nationalist groups brutally attacked Mongolian migrant as well as homosexual minorities (Hall, N., (2013). The reports vary from the three foreign men who were physically assaulted in the capital to the homosexual man who was sexually assaulted. The case of the homosexual man who was sexually assaulted had tee police refuse to investigate the crimes due to the loopholes in the system as the Mongolian domestic laws do not consider the male to male rape cases as a crime. The LGBTI population, as well as the ethnic minority population, has been facing a difficult time due to the increased cased of hate crimes against their population. Thus, the government has been making efforts geared towards protecting them from being subjected to the numerous cases of hate crimes. Homosexuality has been legal in Mongolia from the year 1961, but the homophobic views have been pervasive throughout the society (Hall, 2013). The LGBTI population has been subject to numerous severe violent attacks in the recent past, in the same manner as the ethnic minorities have been since there has been an upswell in the neo-Nazi-inspired nationalist groups in the country.
There is almost a zero acceptance of the LGBTI population in Mongolia, an attribute that is exacerbated by the assertion that there is discrimination in almost all the facets and sectors of life in Mongolia. The discrimination of the LGBTI population in the country is an endemic attribute in the public, private as well as nongovernmental sectors and entails the police along with the judiciary, education, housing sector as well as the healthcare services (Chakraborti & Garland, 2015). The level of prejudice is so high in the country that it is only a few of the LBTI population that has been able to escape from some extent of the violence/ harassment.
The best illustration is that of the gay man who was sexually tortured by the homophobic nationalists with the police doing nothing like the male on male rape is not one of the elements covered in the criminal code. The man later died although it is not clear whether it was a murder or committed suicide following the order. In the year 2009, three transgender women were kidnapped and consequently taken to a cemetery where they were beaten and humiliated sexually (Chakraborti & Garland, 2015). The current proposals that are meant to deal with the situation encompass the idea that the law enforcement agencies receive training on how to recognize and consequently report the crimes that are motivated by discrimination as well as prejudice. It is additionally evident that the proposal is going to see sticker penalties being imposed on the crimes that have been motivated by discrimination. It is additionally evident that the interventions will encompass the integration of greater compensation packages for the victims who have suffered such crimes as a model of imposing deterrence.
The Mongolian government has commenced on an assortment of sweeping revisions to the country’s lawful codes, a refurbish to comprise provisions which aspire to avert crimes of hate, prejudice along with discrimination. In the middle of the proposals encompasses the motivated evaluation of the country’s anti- prejudice laws, with the civil rights groups demanding for the insertion of requirements which comprise hated-based incentives as a frustrating factor in criminal sentencing. The government has sat upon the development of an ambitious legal restructuring agenda. The reform places meticulous spotlight upon human rights along with enhanced transparency from the country’s law enforcement organs, in line with the international legal conference (Hall, Corb, Giannasi & Grieve, 2014). Nevertheless among some of the draft law’s most passionate supporters have apprehension emerged that the law could yet go too far, serving as an alternative to criminalizing all forms of disapproval, including pernicious, offensive or lawful difference of opinion.
Other people have articulated their apprehension that the inclusions might additionally threaten the freedom of the press, with journalists by now privy to all-encompassing anti- discrimination measures which in certain cases will suffocate legitimate critique. The topic of ‘Hate crimes’ had materialized as a grave issue in Mongolia, increasing to international prominence in the year 2011 when the nationalist groups majority of whom represent neo-Nazi ideology along with paraphernalia were established to be accountable for frequent attacks against the nation’s minority LGBT Furthermore foreign communities (Hall, Corb, Giannasi & Grieve, 2014).
Presently, no measures have been taken to reprimand perpetrators further for the alleged bias-motivated aggression, nor are law enforcement organs requested to draw round suspected intent. Although it is not yet comprehensible what the outline measures would set out as supplementary punishments for those found culpable of hate-motivated acts, the law would necessitate training of the law enforcement organs to distinguish furthermore report incidences of suspected hate. The preliminary draft, fashioned by a working group encompassing of rights groups along with the Justice Ministry officials, incorporated in its proposals precise provisions for offenses of ‘hate bias’ (Hall, Corb, Giannasi & Grieve, 2014). Requirements which would, in a correspondingly unparalleled move, institute penalties along with compensation which would acknowledge the psychological, and physical, damages that have been caused by such crimes. On the other hand, the Ministry of Justice, accountable for submission of the draft to Parliament, has removed the hate-oriented provisions and replacing them with the universal references to ‘discrimination’.
The subject of hate crimes in Mongolia remains to be the complicated issue to evaluate in just how the number of ‘crimes of hate’ taking place in the country on an annual basis. The circumstances are made worse because there is no statistical scrutiny that is are readily available. Additionally, while the disagreement remains as to what settles on a ‘hate-motivated’ crime, a chore made especially complex given there is no universal-use correspondent term in Mongolian establishing the parameters for either ‘hate speech’ or ‘hate crimes.' Nonetheless, discrimination, which is seen as a probable antecedent to hate crimes, remains outstanding. In the year 2013 Mongolia’s National Human Rights Commission presented their annual rights information which argued that in the year 2011, roughly 65 percent of people surveyed who categorize as LGBT had experienced some form of human rights abuse in the previous five-year period (Chakraborti & Garland, 2015). Etched in the most recent memory as being one of the nation‘s recent as well as incomprehensible acts of hate-motivated violence is that of the kidnapping of the three transgendered women.
In one of the 2011 documentaries entitled ‘Lies of Liberty’, one of the sufferers gave evidence that the group then drove them to a graveyard on the city’s outer edge where they found nine men were there who were beating them in different ways. The report offers an outline of how the women were viciously beaten and consequently sexually assaulted before they were forced to perform sexual acts upon their perpetrators. According to the women, they were as mainly due to their sexual identity, with the men recounting the brutal assaults as a ‘caution’ to “their kind” (Chakraborti & Garland, 2015). Latest efforts further make the legal reform agenda in the country complex meant to get rid of the ‘reformist’ Minister for Justice, who has lately come under attack, facing accusations of drug use along with scandalous behavior. In recent days, a local MPs started parliamentary appeals calling for the removal of the minister (Chakraborti & Garland, 2015). Certain people, as one of the country’s principal political commentators, describe the moves against the Justice Minister as to be a plot that has been devised by a political- business group with the objective of using the legal means to remove the minister from the position of power.
The current situation can be described as that of Mongolians desiring a legal system where the law is applicable the same to everybody not considering their power, reputation, wealth, along with connection. It is imperative that the legislature is a body that serves instead of acting as an enforcer of political deals.
One of the polarizing figures in the country, Temuujin takes pleasure in broad, from the continued support among the nation’s civil society groups. Majority fears that in the event he is to be removed from the position, the legal reforms are going to be postponed indefinitely. “The minister is a young politician, and one with the desire to transform the law. Mongolia’s parliament is full of long-standing lawyers, who have the impression that the original criminal codes they drafted is the best for the country and thus should not be changed. Consequently, the criminal code of Mongolia has for all time been a law that is tremendously complex to amend. The draft law, however, although to be expected to face considerable amendments all through the route of parliamentary sessions, has a likelihood of being passed. The individuals who possess power in the government are the preponderance Mongolian Democratic Party (MDP) (Chakraborti & Garland, 2015). The party has not been in government in the government for reasonably a long time. Thus, it is foreseeable why MDP is in the hurry to formulate changes. Other people articulate indecision as to whether the legislations on hate crimes needs to give precedence, considering its provisions serve for the defense of minorities.
These efforts by the government have been vital in promoting the deterrence of the possible execution of these crimes. The fact that the risk of detection along with the magnitude of the punishment has become high has resulted in the perpetrators of the crimes fearing the arrests and thus discerning from the commission. It is also evident that the promotion of the tolerance among the different group ideologies as well as nationalities has also had a positive impact on the reduction of the degree, nature as well as the number of the occurrences.
From the assessment of the hate crimes topic in these countries, it is apparent that there are glaring dissimilarities in the commissions and efforts to address the situation. One of these characteristics is the fact that in the US, most of the hate crimes are against the minority members of the society, with the immigrants being the main target. Mongolia, on the other hand, has a situation whereby the LGBTI population is the main target of the hate crime from the nationalist groups while the minority immigrants also face considerable violence and discrimination from the society. The fact that Mongolia does not have legislation that protects the LGBTI population, with significance being in the case of men has made the situation worse for this population, unlike the US where legislations have been in existence. While the nationalists groups are the main perpetrators of the violence against the minorities, the case of the US has seen the politicians become the main funneling elements of the hate crimes. Among the most evident attribute in the two countries, however, the fact is their legislations of the protection of the victims of hate crimes are incomplete and thus is a good thing that both are making constant legislations that offer better and complete protection of these groups.
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