| Outlawing Hate - Page 2 |
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Currently 45 states have hate-crime laws. These laws have involved controversy and even court challenges. The Supreme Court has upheld the constitutionality of hate crime laws for sentencing. These laws add extra penalties for any crime committed out of hate. Some of these laws define a hate crime as any crime committed against a person or a person’s property motivated because of the person’s race, religion, nationality, or ethnicity. Others also include bias against gender, sexual orientation, and disability.
Hate Crimes Laws Pro and Con
Since September 11, more states and the federal government are considering adopting hate crime laws. Supporters see these laws as extremely important in our diverse society. They believe hate crimes deeply hurt all levels of the community—individuals, families, groups, and society at large. Hate crimes intentionally send a message that minorities are unwelcome and unsafe. Supporters argue that hate-crime laws will help prevent violence and convey our society’s intolerance for these crimes.
Opponents view hate-crime legislation as well-meaning but unnecessary and even counterproductive. They argue that anyone who commits a serious crime is already punishable under current laws. These laws protect everyone equally. They see no reason to pass laws that set up special classes of victims. In addition, they see no need for federal intervention into an area of law that states have traditionally handled. Further, they contend that hate-crime laws will primarily affect those who commit lesser crimes. They believe that sending someone into our overburdened and racist-filled prison system is likely to make them more racist. Thus the law may actually increase hate crimes. Discussion Questions
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