MEMPHIS, Tenn. — While the FBI continues its investigation as to whether or not the Atlanta spa murders were hate crimes, we are taking a closer look at what defines a hate crime.
Violence against Asian Americans has stirred lots of anger.
Many people are wondering why some of those crimes have not yet been considered a hate crime. We spoke with two lawyers who explain what a hate crime is and how it stands in court.
Since the pandemic, crimes against Asian Americans have risen almost 150%, but not all have been labeled hate crimes.
University of Memphis Law Professor, Steve Mulroy, said hate crimes are not always easy to pursue.
“The main challenge is the high standard of proof that the prosecutor has. The prosecutor has to prove that not only were the acts done intentionally, but that they were done with the motive of choosing a victim because of the victims’ race or ethnicity or whatever,” said Mulroy. “Typically, you either need to find past statements by the defendant evincing a prejudice against that particular group.”
Lawyer, Jeff Rosenblum, of Rosenblum and Riesman Law Firm also explained, “First, it has to be a crime. Freedom of speech allows people to hate which is horrible, but it’s not a crime just to have hate in your speech.”
What are the challenges in identifying a hate crime against Asian Americans?
"Jurors don’t hear about anti-Asian hate crimes as much as they hear about other hate crimes. It may be harder as a practical matter to convince them that this truly does count as a hate crime even if there is evidence,” said Mulroy.
Aside from an offender's speech, there are less obvious forms of hate.
“Well, there’s not that obvious symbol," said Rosenblum.
These symbols include a swastika for anti-Semitism or a noose for anti-Black.
“We don’t have something as simple, crystal clear, and pristine as that, so that may present one challenge,” said Mulroy.
Also, the definition of a hate crime varies.
“It’s possible for a defendant who is targeting women to be charged with a hate crime depending on how the law is ordered in the determined jurisdiction. Some hate crime laws include gender. Some don’t. It’s also possible for someone to be motivated both by gender and some other protected category. Someone could be targeting Asian women,” said Mulroy.
Nonetheless, Rosenblum said hate is the problem.
“It’s not enough that we refrain from criminal activity. I think we as a nation need to put our foot down on hate. We need to say hate is wrong,” said Rosenblum.