SERIES 500 HOMICIDE
F 523 First Degree Murder: Hate Crime
TABLE OF CONTENTS
F 523.1 Titles And Identification Of Parties
F 523.1 Inst 1 First Degree Murder: Hate Crime—Title
F 523.1 Inst 2 Identification Of Prosecution And Defendant
F 523.2 First Degree Murder: Hate Crime—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 523.3 First Degree Murder: Hate Crime—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 523.4 First Degree Murder: Hate Crime—Burden Of Proof Issues
F 523.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
F 523.5 First Degree Murder: Hate Crime—Elements And Definitions [Reserved]
F 523.6 First Degree Murder: Hate Crime—Defense Theories [Reserved]
F 523.7 First Degree Murder: Hate Crime—Preliminary Fact Issues [Reserved]
F 523.8 First Degree Murder: Hate Crime—Unanimity/Duplicity/Multiplicity [Reserved]
F 523.9 First Degree Murder: Hate Crime—Lesser Offense Issues [Reserved]
F 523 NOTES
F 523 Note 1 Hate Crimes: Constitutionality (PC 422.7)
Return to Series 500 Table of Contents.
F 523.1 Titles And Identification Of Parties
F 523.1 Inst 1 First Degree Murder: Hate Crime—Title
See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.
F 523.1 Inst 2 Identification Of Prosecution And Defendant
See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.
F 523.2 First Degree Murder: Hate Crime—Tailoring To Facts: Persons, Places, Things And Theories [Reserved]
F 523.3 First Degree Murder: Hate Crime—Language That Is Argumentative, Confusing, Etc. [Reserved]
F 523.4 First Degree Murder: Hate Crime—Burden Of Proof Issues
F 523.4 Inst 1 Relating Prosecution Burden To Enumerated Elements
See FORECITE F 400.4 Inst 1.
F 523.5 First Degree Murder: Hate Crime—Elements And Definitions [Reserved]
F 523.6 First Degree Murder: Hate Crime—Defense Theories [Reserved]
F 523.7 First Degree Murder: Hate Crime—Preliminary Fact Issues [Reserved]
F 523.8 First Degree Murder: Hate Crime—Unanimity/Duplicity/Multiplicity [Reserved]
F 523.9 First Degree Murder: Hate Crime—Lesser Offense Issues [Reserved]
F 523 Note 1 Hate Crimes: Constitutionality (PC 422.7)
In Wisconsin v. Mitchell (93) 508 US 476 [124 LEd2d 436; 113 SCt 2194], the Supreme Court upheld the Wisconsin hate crime statute which is similar to the California statutes. In In re M. S. (95) 10 C4th 698, 724-26 [42 CR2d 355], it was held that PC 422.7 is not constitutionally overbroad under Mitchell even though it may be applied to “expression-based” misdemeanors such as PC 415. The reasoning for this holding was that the statute does not impinge on freedom of expression, but rather increases punishment for misdemeanors motivated by prohibited biases. In such case, the conduct is punishable in the first instance, if at all, for reasons unrelated to its expressive content. People v. MacKenzie (95) 34 CA4th 1256, 1267-69 [40 CR2d 793], held that PC 422.7 does not violate the defendant’s constitutional rights to free speech, due process or equal protection.
A crime does not qualify as a hate crime merely because it was committed in whole or in part because of the gender or disability of the victim. Such an offense can qualify as a hate crime only if the defendant also acts on some animosity or other biased motivation toward the victim’s gender, disability, or other protected characteristic. (88 Ops.Cal.Atty. Gen. 141.)
RESEARCH NOTE: For additional information on hate crimes, see Should Hate Be Punishable (The Recorder, December 28, 1992) and For ACLU, Hate Crimes Are a Divisive Issue (The Recorder, December 28, 1992).
