criminalisation of hate crime

S

swatiraohnlu

Swati Rao
Should acts of hate be criminalized? Crimes against minority groups, or between different groups of people, are probably as old as humanity itself. Human history is filled with accounts of genocide, and human rights violations motivated by the race, ethnicity, gender, religion, and sexual orientation of the victim. However, efforts to enact legislation to impose heavier penalties for crimes motivated by hate are a relatively new phenomenon in a number of countries. One of the key conflicts in enacting such laws is whether or not it is appropriate to penalize someone because of their beliefs and motives.
 
* Hate crimes terrorize communities and so deserve greater punishment Hate crimes don't merely victimize the individual upon which violence is inflicted. They also victimize a community or minority group that the hate crime was intended to terrorize. It limits their freedom of expression and group association, thus violating their liberties. For this reason, hate crimes have more victims than other crimes, and subsequently deserver greater punishment.

* Hate crime is a major problem, requiring a state response As described above, hate crimes can cause serious apprehensions between communities. These fears and the lack of state intervention to mitigate the cause of these fears has the potential to create serious damage to the fabric of society. Hate crimes are, therefore, a societal threat, as much as a threat to individual victims. Such threats to society require state responses that include not only the intent to punish the assailant, but also to correct the root cause of the social problem. One major feature of hate crime enhancements is that they assign an appropriately negative value to hate crimes; a value proportional to how society should view hate crimes. Hate crime laws, therefore, are a tool for a government to guide social values on hate in a direction we can all agree is desirable.
 
* All violence is hate-driven, so why distinguish? All forms of violent crime, whether they are murders, rapes, or beatings are an expression of hatred toward another human being. To add more punishment to a crime because it represents a particular kind of hate is to unfairly distinguish between different violent acts and trivialize those violent acts that do not appear to be motivated by prejudice hate.

* Hate crimes cannot be proven to harm communities It is difficult to determine externalities of harm to a community or a minority group from a particular hate crime. How can it be determined that a hate-crime causes a minority group greater fear and subsequently restricts their liberties of expression and so-forth? These psychological effects are far from tangible harm, and would prove highly difficult to statistically confirm.

* Communities fear senseless violence as much as hate violence. While much of the case for hate crimes is based on the notion that hate crimes cause minority groups and communities to fall victim to the fear that this violence causes, it is not clear that this is any worse than the fear that results from senseless non-hate gang violence. All violence causes fear within communities. It is not clear that hate crimes cause more, and that they thus deserve greater punishment.
 
* Hate crime laws don't restrict religious speech on homosexuality Hate crime laws only target hate-driven violence. There is nothing in it that prevents preachers from opposing homosexuality vehemently on the pulpit. As long as a preacher does not directly incite violence against homosexuals, they can oppose homosexuality and vocally and aggressively as they like.

* Hate crime laws don't violate US first amendment The US Supreme Court ruled in R.A.V. v. City of St. Paul4 and Wisconsin v. Mitchell that hate crime laws that target "fighting words" or incitements to violence do not violate the first amendment right to free speech.
 
* Hate crime laws violate religious free speech This is particularly true in regard to the expression of religious opposition to homosexuality, in which a preacher's public statements against homosexuality might be interpreted as incitements to violence against homosexuals.

* Hate crime laws violate free speech more than hate crimes themselves. Such legislation essentially penalizes the thoughts, emotions, or motives behind an act. The act itself, if illegal, would already be worthy of punishment. Such policies set a precedent for punishing individuals who hold beliefs the government, or the majority of people do not believe. The potential exists for such precedents to later be used against the very minority interests the government seeks to protect in the present.
 
* Some groups don't need hate crime legal protections While some argue that it is unfair that white Christian groups are not protected in the same way as certain minority groups, this ignores the fact that white Christian groups are really not threatened categorically, and, therefore, there is simply no need for laws that would protect them.

* Hate crime laws protect all groups equally The ultimate intent of hate crime laws is to make all citizens equally safe and protected. The end objective is not, as some opponents claim, to provide preferential treatment to certain minority groups.

* Hate crime laws provide special protections like other laws do Various civil rights movements around the world have extended extra securities and protections to minority groups that have been discriminated against. Hate crime laws do the same thing. Yet, some opponents maintain that "special protections" for certain minority groups is unfair or unequal. This simply flies in the face of history
 
* Danger of arbitrary rulings accompanies hate crime laws: There is a danger of unjustly branding someone as bigoted and punishing them excessively, e.g. for their involvement in a bar fight where the victim coincidentally belonged to a minority group.

* Hate crime laws are likely to be abused by accusers Victims of violence may be prone to accusing their assailant of hate-motivated crimes. Victims frequently seek revenge, and hate crime laws create a very easy avenue for doing so.

* Hate crime laws tie the hands of judges There are often subtleties in a particular case that make it important that judges have the flexibility to reach a balanced and just conclusion. Hate crimes, with certain prescribed degrees of punishment have the potential to restrict such flexibility.

* Hate crime laws force false categorizations of minority groups A hate crime is perpetrated against a particular minority group that is determined as needing of protection. But, some individuals don't fall so neatly into these categories, nor does the particular "hate" involved in the crime.

* Hate crime laws are politically motivated It is very difficult to oppose hate crime laws, as they are intuitively attractive and are highly important to minority group constituents while being more under-the-radar for the general public. Therefore, the tendency is for hate crime laws to pass with little opposing consideration.
 
* Danger of arbitrary rulings accompanies hate crime laws: There is a danger of unjustly branding someone as bigoted and punishing them excessively, e.g. for their involvement in a bar fight where the victim coincidentally belonged to a minority group.

* Hate crime laws are likely to be abused by accusers Victims of violence may be prone to accusing their assailant of hate-motivated crimes. Victims frequently seek revenge, and hate crime laws create a very easy avenue for doing so.

* Hate crime laws tie the hands of judges There are often subtleties in a particular case that make it important that judges have the flexibility to reach a balanced and just conclusion. Hate crimes, with certain prescribed degrees of punishment have the potential to restrict such flexibility.

* Hate crime laws force false categorizations of minority groups A hate crime is perpetrated against a particular minority group that is determined as needing of protection. But, some individuals don't fall so neatly into these categories, nor does the particular "hate" involved in the crime.

* Hate crime laws are politically motivated It is very difficult to oppose hate crime laws, as they are intuitively attractive and are highly important to minority group constituents while being more under-the-radar for the general public. Therefore, the tendency is for hate crime laws to pass with little opposing consideration.
 
* Hate crime laws can help emphasize the importance of tolerance. When a government or society finally commits to a position that says acts of hate are unacceptable, people holding these negative beliefs are urged to reconsider their values. This is particularly the case when a higher negative value is assigned to hate in the law.

* Hate crime laws target violent acts not thoughts Some opponents of hate crimes argue that you can't outlaw hate, and that this is what hate laws attempt to do. But, rather, hate laws attempt to outlaw and punish violent executions of hateful thoughts.

* Hate is a learned attribute; no individual is born hating. Hate crime laws can teach society that hatred is highly condemnable and mold society into a streak away from racism, sexism, etc. Government has already taken this turn with the advent of segregation laws, discrimination laws, etc. Government would not be a despot, if so, then all the rulings banning discrimination, segregation, racism, and even slavery are wrong. But if by chance, these previously mentioned stances of government are deemed correct and just, then so is increased hate crime enhancements.
 
The concept of hate crimes should be eliminated because it leads to unequal treatment under the law. There are already laws against violence and degradation. Trying to get inside the mind of the criminal to determine their exact emotions and motivations is not possible. Therefore, the process of determining which crimes are hate crimes will always be somewhat arbitrary. Arbitrary application of the law is abominable and hurts both the victims and the families of the perpetrators.
 
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