The Conceptualization of Hate Crime

This chapter focuses on how hate crime is conceptualized in America. Hate crime is deconstructed into two components – bias motivation and criminal offenses – and discussion is provided for how each component is conceptualized. We begin by explaining what bias motivation entails and how it is legally defined. Bias motivation categories are distinguished from bias types, and definitions are provided for the bias motivation categories recognized by the Hate Crime Statistics Act (1990). The conceptualization of bias motivation relevant to perception and association is addressed along with the idea of intersectionality or multiple bias. Regarding the crime component of hate crimes, we clarify the difference between bias incidents and hate crime. Examples of how criminal behaviors are defined as hate crimes are provided, and offenses common to hate crime identified and described. We discuss how there can be different victim types depending upon the type of hate crime committed. The chapter is concluded by showing how hate crime can be cross-classified or misclassified with other types of criminal behaviors. The topics covered in this chapter are designed to provide foundational knowledge for the conceptualization of hate crime and how this translates to its measurement.