Using Civil Law Approaches to Hate Crimes in the United States for Illicit Antiquities and Fine Art Cases

Abstract

The current legal system is not designed to pursue satisfying action in criminal court for hate crimes or fine art crimes. However, the civil court system in the United States might provide a more fruitful avenue in combatting these crimes. The burden of proof is lessened to preponderance of evidence. Compensatory and punitive damages awarded in civil cases against hate groups appear to create a more significant financial impact than reparations in criminal cases. Known forprofit entities engage in both of these types of crimes. Due to the limitations of criminal legal solutions in the United States, pursuing a civil legal approach might prove more effective in combatting cases involving hate crime as well as illicit antiquities and fine art.