Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system. In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality. Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.
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1 What Is a Bias Crime?
2 How Are Bias Crimes Different?
3 Why Are Bias Crimes Worse?
4 Who Is Guilty of a Bias Crime?
5 Are Bias Crime Laws Constitutional?
6 What Is the Federal Role in Prosecuting Bias Crimes?
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argument assault basis bias crime laws bias crime statutes bias motivation bias-motivated Chaplinsky Chapter Civil Rights Act civil rights crimes Clever Bias Criminal Code Ann Colfax massacre color committed conduct Congress Congressional consequentialist constitutional conviction criminal civil rights criminal law culpability defendants deﬁnes difﬁcult discriminatory selection model distinction doctrine expression federal civil rights federal criminal jurisdiction federalism problem ﬁghting words ﬁrst Fourteenth Amendment gender guilty H. L. A. Hart harm caused Hate Crimes Ibid Ku Klux Klan law enforcement Law Review legislation mens rea ment Mitchell Model Penal Code murder national origin ofﬁcers ofﬁcials parallel crime penalty-enhancement law perpetrator person prosecution protection punishment of bias race racial animus model racially motivated violence racist speech Reconstruction retributive Rodney King role Screws sexual orientation signiﬁcant speciﬁc Stat sufﬁcient Supreme Court theory Thirteenth Amendment tion Unconscious Racist United Unknowingly Offensive Actor victim violation Violent Show-Off Wisconsin Wyant