Hate crimes are on the rise − but the narrow legal definition makes it hard to charge and convict

(The Conversation is an independent and nonprofit source of news, analysis and commentary from academic experts.)

Jeannine Bell, Loyola University Chicago

(THE CONVERSATION) With hate crimes, context is everything, and events outside of the United States – like the war between Israel and Hamas – can have far-reaching and potentially tragic consequences.

Vermont police arrested a man in Burlington on Nov. 27, 2023, for allegedly shooting three 20-year-old Palestinian American men, seriously wounding them. Two of the men wore Palestinian keffiyehs, a traditional scarf that has come to symbolize Palestinian identity.

Jason James Eaton, the New York resident charged with the crime, has pleaded not guilty. Authorities are still investigating whether Eaton should be charged with a hate crime.

People often think an incident is a hate crime right away because of key characteristics of the people involved, but police tend to be reluctant to make such a quick declaration.

Hate crimes and hate murders are rising across the U.S., but long-term polling data suggests that most Americans are horrified by bias-motivated violence. They also support hate crime legislation, an effort to deter such...