Hate Crime as a Crime Category Worthy of Policy Attention

Abstract

After more than a decade of legislative activity on hate crimes, a growing number of people are challenging the validity of hate crimes as a separate crime category with separate punishments. The question that begs to be answered is whether hate crimes are deserving of a separate and unique policy response. The author argues that they are by addressing a number of key factors including: the long-standing existence of crime hierarchies; the historical role of the federal government to protect individuals from harm; the increased impact of hate crimes on the victim; how hate crimes serve to intimidate entire communities, are widespread and underreported, and not impossible to determine motive. The author also provides a historical perspective on hate crimes as a crime category and a summary of federal and state hate crime legislation. She lists legitimate concerns of hate crime policy and urges a focus on prevention.