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Hate Crimes Legislation: Panacea or Protractor of Societal Ills?

NCJ Number
163123
Journal
San Diego Justice Journal Volume: 3 Issue: 2 Dated: (Summer 1995) Pages: 429-446
Author(s)
M Z Stanger
Date Published
1995
Length
28 pages
Annotation
Often manifested as hate crimes, the problems of racism, bigotry, and homophobia are problems of perception shaped by ignorance, fear, lack of education, inherited values, and societal messages.
Abstract
Hate crimes have three components: a perpetrator who harbors racist or bigoted beliefs, selects a victim from a targeted group, and perpetrates a crime. The U.S. Supreme Court has declared it constitutional for States to punish criminals more severely if they choose their victims based on personal predilections of bias and hatred. Hate crime legislation is designed to protect minorities, although lawmakers may not have taken into account that minorities may also exhibit racist and bigoted beliefs against the majority. Because of the special nature of hate crime legislation and its effects on victims and communities, police officers require special enforcement training. Given that discriminatory motives represent the cornerstone of hate crimes and that discrimination is based on societal perceptions, these perceptions need to be changed. Penalty enhancement legislation is a short-term solution to combating hate crimes because such measures often punish perpetrators without deterring them. A long-term solution is to teach and practice the tolerance of diversity. Historical developments in hate crime legislation are reviewed, and the connection between antidiscrimination and hate crime statutes is considered. 160 footnotes

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