The Matthew Shephard and James Byrd, Jr. Hate Crimes Act
Abstract
Framed by Queer Theory (1999), this policy analysis paper utilizes a combination of Patton and Sawicki’s Quick Analysis Model (Patton and Sawicki, 1993) and the Six Step Model of Policy Analysis (McNutt and Hoefer, 2021) to analyze the Matthew Shepard and James Byrd, Jr. Hate Crimes Act (HCPA) on Trans Women of Color.
According to the Justice Department, 1968 when the first federal hate crime laws were enacted and passed. A hate crime is a threat of violence or violence that include using a weapon to threaten someone because of their race, gender, color, religion, or national origin. More recently, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law in 2009 and expands on the 1968 criminalizing all violent acts that are LGBTQ+ motivated. With the new law, it has become much easier for those who threaten someone with bodily harm that is perceived as a threat based on the person’s race, sex, gender identity, sexual orientation, disability, or religion to be prosecuted to the fullest extent of the law. The HCPA sends a message to others that may be considering acting against anyone who is a member of a federally protected class. The Federal Bureau of Investigations reported that in the U.S. in 2019, there were 8,812 victims of hate crimes, with 45% being of racial bias, and 20% of the victims of bias related to sexuality, gender, or gender identity. In 2021, the Human Rights Campaign found that there were 57 transgender or gender non-conforming people were killed because of their social status; the number of victims who are Trans Women of Color is disproportionately high. Preliminary findings provide strengths and challenges of the HCPA and recommendations for improvements.
The Matthew Shephard and James Byrd, Jr. Hate Crimes Act
Room 1300 (Session 2)
Framed by Queer Theory (1999), this policy analysis paper utilizes a combination of Patton and Sawicki’s Quick Analysis Model (Patton and Sawicki, 1993) and the Six Step Model of Policy Analysis (McNutt and Hoefer, 2021) to analyze the Matthew Shepard and James Byrd, Jr. Hate Crimes Act (HCPA) on Trans Women of Color.
According to the Justice Department, 1968 when the first federal hate crime laws were enacted and passed. A hate crime is a threat of violence or violence that include using a weapon to threaten someone because of their race, gender, color, religion, or national origin. More recently, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA) was signed into law in 2009 and expands on the 1968 criminalizing all violent acts that are LGBTQ+ motivated. With the new law, it has become much easier for those who threaten someone with bodily harm that is perceived as a threat based on the person’s race, sex, gender identity, sexual orientation, disability, or religion to be prosecuted to the fullest extent of the law. The HCPA sends a message to others that may be considering acting against anyone who is a member of a federally protected class. The Federal Bureau of Investigations reported that in the U.S. in 2019, there were 8,812 victims of hate crimes, with 45% being of racial bias, and 20% of the victims of bias related to sexuality, gender, or gender identity. In 2021, the Human Rights Campaign found that there were 57 transgender or gender non-conforming people were killed because of their social status; the number of victims who are Trans Women of Color is disproportionately high. Preliminary findings provide strengths and challenges of the HCPA and recommendations for improvements.
