Hate Crimes: Should They Carry Stiffer Penalties?
Monday, February 27th, 2006(My half of a Vs. in The Cornell Daily Sun. Josh Dugan’s opposing piece can be found at the Sun’s website.)
The term “hate crime†has always struck me as slightly bizarre. It implies that only a small subcategory of crimes stem from hate — that the remaining crimes are the result of, what, confusion? “Oh, dear, I seem to have bludgeoned you repeatedly with a blunt object. I do apologize.†Every violent crime is motivated by hate on some level, and to separate crimes based on type of hate is not only impossible but undesirable and counterproductive. Anyone who ties someone to a fence post, beats and pistol-whips him, and then leaves him for dead deserves to spend the rest of his life in jail with no parole — regardless of whether his victim, as Matthew Shepard was, is gay. I wish there were a magical balm that could cure society’s wounds, but hate crime legislation is no panacea.
First, there is the difficulty in establishing what, precisely, constitutes a hate crime. This difficulty exists on two levels: obviously it’s extremely hard to determine motive beyond reasonable doubt (without the aid of a foolproof lie detector), but more significantly, it’s extremely unclear which kinds of “hate†fall under the purview of “hate crimes†and how direct the connection between the hate and the crime needs to be.
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