Hate Crimes: A Critical Perspective

During the past decade, spurred by claims that the country is experiencing a hate crime epidemic, Congress and the majority of states have enacted laws increasing the punishment for crimes motivated by officially disfavored prejudices. Congress has also mandated a reporting system that aims to provide data on the incidence of hate crime. Some police departments have formed bias crime units. The upshot is the emergence of a new crime category and a new way to think about crime. The definition of hate crime, however, is fraught with problems, the federal data gathering effort has been completely unsuccessful, and enforcement of the hate crime laws has been minimal. Creation of a hate crime category fills political and symbolic functions but is unlikely to provide a useful indication of the state of various prejudices or to reduce crime generated by prejudice. Indeed, deconstructing criminal law according to the dictates of "identity politics" might exacerbate social divisions and conflict.