Certain criminal conduct is a hate crime when the conduct is motivated by bias against a person’s race, color, religion, national origin, sexual orientation or disability (M.G.L c. 265, s. 39) In Massachusetts, there are both criminal and civil laws that address hate crimes.
Now all that was left to wonder was why Massachusetts does not include economic status as a worthy bias of a hate crime. I decided to write a letter to a state official. I found that the best and most efficient way to get answers is to write to a local district representative. These representatives represent you and your community directly. They often have stationed offices in your region as well. I wrote a letter to the State Representative of the 6th District of Massachusetts, Congressman John Tierney. I felt the letter would be an effective way of at least bringing the topic to the surface so that the Congressman can see how important it is, and find out other ways to help and advocate for this cause.
Congressman John Tierney
State Representative of the 6th District of Massachusetts
7 Peabody Square
Peabody, MA 01960
Dear Mr. Congressman Tierney,
If 30 people were killed this year based solely because that they were African American, or Jewish, or developmentally disabled, there would be a national uproar and a cry for action. I am writing this letter today to bring to your attention the importance of the severity of the crimes against the homeless in our country and in our state. Our poor and homeless citizens are the most vulnerable and are in the most need of the community’s help and support. My name is Ashley Cook and I am currently a senior and an Elementary Education major at Salem State University. I am and have been following a disturbing trend as part of a Service Learning Project. I have been following the homelessness and poverty rates in Massachusetts, as this directly relates to my future students and working community. During my studies I have found the alarming rates of poverty in the state as well as a community targeted for crime.
In 2008, 27 people were killed in the United States for being homeless, according to the National Coalition for the Homeless. Homeless people all over North America are being set on fire, beaten, stabbed, shot, strangled, brutalized by police, harassed and raped. Many of these crimes go unreported, and the ones that do come to light, might not necessarily be recorded as hate crimes. It may seem that this is not a topic we should be worried about, but please take into consideration just one incident that occurred in Lynn, Massachusetts in 2009. A group of six juveniles attacked a 30-year-old homeless man sleeping next to railroad tracks. The boys, ages 11 to 14, threw bricks, stones, bottles and sticks, inflicting life-threatening injuries. Police charged the juveniles with armed assault with intent to murder, aggravated assault and battery with a deadly weapon, assault with intent to maim with a dangerous weapon and a civil-rights violation. If this had been a Jewish, developmentally disabled, or an African American, hate crime laws would have been in effect immediately.
A hate crime is defined in the Massachusetts General Law (PART I Administration of the Government Title II, Executive and Administrative Officers of the Commonwealth, Chapter 22C, Section 32) as, “Hate crime”, any criminal act coupled with overt actions motivated by bigotry and bias including, but not limited to, a threatened, attempted or completed overt act motivated at least in part by racial, religious, ethnic, handicap, gender or sexual orientation prejudice, or which otherwise deprives another person of his constitutional rights by threats, intimidation or coercion, or which seek to interfere with or disrupt a person’s exercise of constitutional rights through harassment or intimidation.”
Why are our most vulnerable citizens not included in this bill when they are one of the largest in great need for community and government support? What are we doing to protect these citizens that are in great need? Crimes of this nature are becoming ever more common. Action needs to be taken to protect our overlooked community of citizens in need. I ask that you take this concern to the next level and support the voice of the National Coalition for the Homeless to include homelessness and financial state as a bias in hate crimes worthy of the consequences it deserves. I thank you in advance for your time and consideration.
Sincerely,
Excerpt from Christopher Reinhart, Research Attorney on Hate Crimes Reporting
" Massachusetts adopted the Hate Crimes Reporting Act in 1990. The legislation created a Crime Reporting Unit to collect hate crime incident reports from law enforcement and required the unit to summarize and report on the information. Regulations establish criteria for determining whether a crime is a hate crime, provide a means for advocacy organizations to report hate incidents, specify the content of crime and incident reports, and specify the content of the annual report.
In 1991, the governor created the Task Force on Hate Crimes. The task force's principal tasks are (1) developing regulations to implement the Hate Crimes Reporting Act, (2) coordinating training efforts, (3) increasing submission of hate crime data, and (4) working with community organizations and victims' groups. Initiatives for 2000 include pilot programs in high schools, youth diversion programs, a new correctional diversity awareness program, outreach coordination, a victimization survey in schools, public awareness, creating civil rights investigative teams, encouragement of reporting by law enforcement, and continued training.
Classifying a Crime as a Hate Crime
The regulations define a hate crime as a crime in which hatred or bias is a contributing factor in the commission of the crime. The regulations classify a crime as a hate crime when bias indicators, in the exercise of law enforcement judgement, directly or circumstantially support a bias motive. The regulations list 21 bias indicators to assist law enforcement. The evidence of motivation does not have to be conclusive. One bias indicator can be sufficient in some circumstances to infer that bias or bigotry motivated the crime. Facts or circumstances for an arrest or charge under certain statutes are automatically sufficient for reporting a hate crime. In addition, it is still a hate crime if the offender was mistaken in the belief of the victim's membership in a racial, ethnic/national origin, handicap, gender, or sexual orientation group, as long as the offender was motivated by bias against that group.
Bias Motive
The regulations define a bias motive as hatred, hostility, negative attitude, or prejudice about a group or individual because of race, religion, ethnicity, handicap, gender, or sexual orientation, which contributes to a criminal act. The motive can be inferred from the presence of bias indicators. A motive can also consist of intent to interfere with, disrupt, or deprive a person of his constitutional rights by threats, intimidation, harassment, or coercion." (By: Christopher Reinhart, Research Attorney)
This includes, but is not limited to:
Anti-Black, Anti-White, Anti-Asian, Anti-Hispanic, Anti-Arab, Anti-Other, Religious Bias, Anti-Jewish, Anti-Catholic, Anti-Protestant, Anti-Islamic (Muslim), Anti-Other Religion, Anti-Gay (Male) Anti-Lesbian, Anti- Other Sexual Orientation, Anti-Person with AIDS, Anti-Physically Disabled, Anti-Mentally Disabled, Anti-Female, Anti-Male.
- http://www.cga.ct.gov/ps99/rpt/olr/htm/99-r-1013.htm
- http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleII/Chapter12
- http://www.malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter265/Section37
- http://www.mass.gov/?pageID=cagoterminal&L=2&L0=Home&L1=Civil+Rights&sid=Cago&b=terminalcontent&f=civilrights_hate_crimes&csid=Cago
- http://www.nationalhomeless.org/
Reflection:
The letter to the Congressman will bring attention to the homeless hate crime topic. While it’s easy to be cynical about politics in the United States, it still holds true that citizens, when we organize and speak with one voice against social and economic injustice, also have tremendous influence. Average citizens have far more power than we sometimes realize to influence what policymakers are willing to do. Every member of U.S. society, including people who do not see themselves as leaders in a traditional sense, can play a role in holding government and other institutions accountable to moral standards. An individual may feel isolated, but working together with like-minded people across the nation and the world multiplies one’s impact. Participating in building the common good can also be personally satisfying and contribute to one’s own sense of wholeness, community, and spirituality. It is your RIGHT and RESPONSIBILITY as a citizen to question your government! As being an active citizen in your community everyone should practice this privileged. As a teacher, trying to promote well rounded citizens it is a great idea to have students be an active part of learning like in a service learning project. Writing letters to state officials is also a great way to promote citizenship.
