Bias crimes charges in the United States: bias homicides in the U.S. between 1990 and 2016

Abstract

The Indiana General Assembly introduced 10 bills related to bias (or hate) crimes in the 2019 session. Indiana is 1 of 5 states in the U.S. without a bias crimes statute. The 10 bills are similar in that each of them allows for a criminal penalty enhancement for bias crimes offenses. Penalty enhancement statutes enable courts to impose a longer sentence if the predicate crime—the underlying crime committed by an offender—is proven to have been motivated by bias as defined by the particular statute. Marginalized communities are convicted of predicate crimes at higher rates. Given that racial disparities also exist within sentencing decisions for equal crimes, there is evidence of discretion within the legal process that disproportionately (and negatively) impacts marginalized groups. The following brief presents an objective analysis of bias homicide charges in the U.S. with the goal of understanding possible policy implications of Indiana’s proposed bias crimes legislation.