Why Hate Crime Sentences Matter To Stop AAPI Hate

Since the pandemic began, attacks and discrimination against Asian-Americans have skyrocketed. Anti-Asian hate crimes grew nearly 150% in major US cities and those numbers are probably underreported as many folks don’t report what happened to the police.

Student reporters from PBS NewsHour Student Reporting Labs at Cleveland Heights High School in Cleveland, Ohio pitched us this idea to make a video exploring why it’s so hard to get racist violence charged as hate crimes. We also spoke to a group of young organizers from Alameda, California called the Youth Activists of Alameda who are working to combat Asian hate and other social injustices in their community.

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*What is a hate crime?*
There are federal laws and state laws when it comes to hate crimes, and then there are some states like Wyoming, Arkansas, and South Carolina that don't even have hate crime laws. But generally speaking, a hate crime is a crime motivated by the perpetrator’s hatred for an entire group of people based on race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. Getting something classified as a hate crime is a big deal because it’s got more severe penalties compared to non-hate crimes. For that to happen two needs have to be met. First, a crime has to have been committed. Just having biased thoughts isn’t a crime, but some actions motivated by bias are. Second, is whether you can prove that the victim was targeted because of their race, religion, disability, sexual orientation, ethnicity, gender, or gender identity.

*How can we designate more crimes as hate crimes?*
After the incident in Atlanta this March when a white gunman fatally shot eight people, including six Asian women, the White House rolled out an action plan to combat Asian hate including a task force to end xenophobia against Asian Americans, an initiative to focus on anti-Asian violence and bias. In addition to that Senator Mazie Hirono, D-Hawaii, and U.S. Rep. Grace Meng, D-New York created the Covid-19 Hate Crimes Act which would improve hate crime reporting and would make sure this info is more accessible to AAPI communities.

*What can communities do on the ground?*
Some have called for more policing but the national reckoning that happened last summer with systemic police brutality and the disproportionate harm it causes Black and brown communities has caused debate, with many wondering if that would actually improve things or just create more injustice. Increasing education about hate crimes and encouraging more people to report them is one step. Another is having more education about different cultures, like ethnic studies programs in schools, that can foster more understanding, empathy, and coalition-building between groups that face racism and discrimination and their allies

Resources on how to support AAPI communities

SOURCES

Federal and State laws around hate crimes

Why is it rare to charge hate crimes?

The challenge with prosecuting hate crimes

Upwards of 2 million Asian Americans are affected by anti-Asian hate

Prosecutors hesitancy to charge bias-motivated crimes

Attacks on the AAPI community

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#stopasianhate

[AboveTheNoise]

What do YOU think is the best way to find justice for victims of attacks against Asian Americans? We explore hate crime sentencing as one potential solution - but also heard the debate over other solutions, like more policing or ethnic studies curriculum in schools. We want to hear your perspective in the comments below.

[soggy]

Legislation as a deterrent hardly seems a solution to the disease; more like a treatment for the symptoms. Rather than have people fear the consequences of voicing their hate of others, I'd rather have them learn to not want to hate people in the first place.

I am an Asian American with immigrant parents who bought into the racist stereotypes of Mexican, Black, and Slavic communities. As child me grew up learning from them, I had picked up their same biases and always distanced myself from non-White or Asian people. I never hated them, but I had been taught to fear them.

I was fortunate to live in a relatively diverse area of California because the public school system had me interact with the people I had been taught to fear. It was because of those interactions that I learned that that fear was baseless.

I can't claim that my first reaction is never fear, but I can say that I've learned to take a second and remember that I'm talking to an individual, not the stereotype. Even my parents have gotten better as they interact more with their religious and work communities.

I have to say that just interacting with other people on a day-to-day basis really helps to dismiss racist fears. In areas where that's not possible, then just go through a "day-in-the-life-of" where well-informed people can guide others through and address the stereotypes the average person may encounter. Don't just learn from a distance and think "wow, those people are so far removed from me." Empathize with them and think "wow, those people are more similar to me than I thought."

[uniquellama]

This channel deserves so much more. Really enjoy the video!

[bloozism]

Your honor, how could it be a hate crime if I loved doing it?

[jflopezfernandez]

I know this isn't anywhere close to the most important takeaway from this awesome video, but I have to say, that is a sick beard

[ninjapirate]

Asian hate attackers should never be let out

[spencergraham-thille]

Why do we need to prioritize one race or another? Why not just stop hate?

[dramonmaster]

I wish we didn't have to cover topics like racism either BUT that is sadly the state of the world.

[aprildawnsunshine]

Hey y'all I'm a homeschooling parent and I'd love any ideas or resources for teaching ethnic studies at an early elementary school level. The earlier these kinds of things can be introduced the better but I never had any classes on this, even in college. I have no idea how to even start lol 🤦🏻‍♀️

[devilcry]

roof korean is the best korean
well
i mean
asian

[quryshna]

Because the division of Turtle Island is based on colonization and genocide, it seems like an impossible task to have america or canada acknowledge hate crimes based on race (or any protected ground that the church hates) because they would have to acknowledge the hate crimes their structures, systems, and institutions are built on. More legislation is effectively performative.

To get from performative to actual change? I think it starts with governments acknowledging they exist because of colonization and genocide. The cognitive dissonance is real. After that? I honestly don't know. For damn sure an apology isn't going to make things okay (major side eye at harper and trudeau). Indigenous futurism is gaining traction and I'm all for it. Is post-colonial even possible?

In order for colonial and genocidal countries to exist, they need to maintain their false benevolence, the authority of the doctrine of discovery, and that terra nullius is true. Without those, they have no legal or finders-keepers claim to Turtle Island. They also need to maintain that Indigenous, Black, and Asian people are somehow lesser and in need of their civilization.

And I am pretty sure they aren't ready for that conversation. Even if they are ready, they don't want to participate in the conversation. Which makes the burn out all the more exhausting.

What can we do? We can learn (your education suggestion is so very necessary) and do our best to interrupt violence. While we might be oppressed because of race (or any protected ground), we can still be active bystanders for all oppressed groups. Before we can be effective active bystanders, we need to learn.