A few young men, two white males and one black male, ranging in age from 19 to 21, lived across the street from a gay couple. On June 27, 2015, angered by the legalization of same-sex marriage, the three men used a noose to hang an effigy of Michael Sam, the first openly gay NFL player, from a tree on the front lawn of their own property. They also posted a sign next to the tree that said, “Gay Pride Just Died.” The children of the gay couple from across the street saw the effigy and sign and ran in the house crying hysterically. The young men got in their pick-up truck and drove to a local park. While walking through the park, they shouted, “We don’t want any queers in our neighborhood,” to random people in the park. On the way back to their truck, they passed a gay couple, who was cuddling on a bench, outside of a restaurant, in a neighborhood where a number of gay bars and business are located. They pushed the men to the ground, grabbed their money and cell phones, hurled antigay slurs and ran off. The victims cried out for help and a passerby called 911 from her cell phone. You, a 15 year veteran of the Local Police Department (LPD), are the first responder on the scene.

Requirement:

Using the general definitions of hate crimes and hate incidents, would the following conduct constitute a hate crime? Explain why or why not. Using the IRAC method, please evaluate each incident as if it were a separate incident and determine if each incident would constitute a hate crime or a hate incident.

1. Hanging the effigy from the tree on their own property.

2. Placing the sign on the lawn on their own property.

3. Shouting insults in the park.

4. Attacking the gay couple outside of the restaurant and taking their cell phones and money.