This House believes that hate crime 'enhancements' are unjust

Hate crime enhancements are unjust because they respond to two equal results (i.e. assault vs. racial mugging) with different punishments. We need to judge solely on the concrete actions of the aggressor in order to prevent punishments from being based on arbitrary judgements as to an offender’s “intent”, which can be very difficult to prove. Otherwise “intent” may be supposed or argued in cases where it did not exist, leading to perverse sentencing whereby a crime is punished more harshly despite the true absence of intent. There is a danger of unjustly branding someone as bigoted and punishing them excessively, e.g. for their involvement in a bar fight where the victim coincidentally belonged to a minority group.

Juries might also be willing to make the logical leap that, because the aggressor was proved to hold bigoted views in general towards his victim's ethnic group, these views must have motivated his actions in this individual incident, despite the absence of any evidence linking the specific brawl in a bar to the aggressor's views. Therefore it is unjust to punish two crimes with equal effects differently on the highly subjective basis of “intent”, and thus hate crime enhancements are unjust.

This presupposes that hate crimes are equal in their effects to non-hate crimes, which they are not as hate crimes cause harms in terms of terror directed at, and felt only by, specific groups.

Moreover, intent is considered in trials in many other circumstances, such as in differentiating between manslaughter (killing without intent to kill) and murder (killing with intent to kill), or when deciding whether a murder was premeditated or not. There is no reason to suppose intent cannot also be judged in possible hate crime cases.

Hate crimes are crimes that are based on an idea that the perpetrator had prior to the crime. The crime itself is no different from any other crime except that it is punished more harshly. Why is this so? Because we are punishing an idea. All forms of violent crime, whether they are murders, rapes, or beatings are an expression of hatred toward another human being.

To add more punishment to a crime because it represents a particular kind of hate (an idea) is to unfairly distinguish between different violent acts and trivialize those violent acts that do not appear to be motivated by prejudice hate. This is unjust because the idea itself does not cause harm, and is in fact legal in most cases (with the exception of direct incitement to violence), as racist or prejudiced statements and ideas are not illegal in most western liberal democracies.

We allow extreme and prejudiced ideas to be legal because we recognise the value of free speech and open discourse in debating and discussing ideas, so as to best allow for progress in human thought. Hate crime enhancements constitute an attack on this as they make an individual liable for harsher punishments for his actions if he holds certain views, and thus the law unfairly discriminates against these particular viewpoints and not against others, and so hate crime enhancements are unjust.

This again assumes that there is no additional harm attached to the perpetrating of such a crime by an individual who holds these ideas, which there demonstrably is (though the inflicting of terror on one specific community). Moreover hate crimes themselves are a violation of the right to freedom of speech; a person does have the right to express themselves, but not in a way that would prevent others from exercising their own rights.

A hate crime is the ultimate attempt to limit another's freedom of expression. A hate crime is an attempt to silence the very idea that a particular person has the right to exist or to live a particular lifestyle. Therefore, in order to uphold the first amendment, hate crime enhancements are not only just, but are in fact necessary. 

By defining crimes as being committed by one group against another, rather than as being committed by individuals against their society, the labelling of crimes as “hate crimes” causes groups to feel persecuted by one another, and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime.(1) These effects spread beyond the hate crimes themselves.

By prosecuting high-profile cases of white hate crimes against blacks, for example, it encourages blacks to see themselves as part of a distinct community different from the white community and whose relations are marked by crimes committed by one against the other. This is especially true when one community seems to perpetrate more hate crime (or at least more convictions thereof are secured) against another community than visa-versa.

An analysis of hate crime date from the USA examining how hate crimes against whites are viewed with respect to hate crimes against blacks has  hypothesised that the prevailing view in the minds of the public is that the crime that whites are most likely to commit against blacks is a hate crime, and that it is hard for most Americans to envision a white person committing a crime against a black person for a different reason. The only white people who commit crimes against black people, goes the public belief, are racially prejudiced white extremists, and in contrast the very idea of hate crimes committed against whites is met with scepticism and disbelief.(2)

There have been several high-profile cases in the USA where some individuals have argued actual hate crimes against whites were not treated as such as a consequence of such public disbelief.(3) This can lead to an unjust situation where hate crime enhancements are (or are perceived as being) only applied “against” one community by another, despite hate crimes actually being committed by individuals within both communities against other individuals. Therefore hate crime enhancements are unjust.

In almost every case where hate crimes are committed, the communities involved already perceive themselves as distinct and opposed, mostly because they already believe that their communities have been sundered by structural inequalities and hate-motivated crimes. Simply ignoring hate crimes will not make these communities stop perceiving them. Rather, it could lead to some communities feeling that their concerns and grievances are not being properly addressed, and lead to more inter-community violence as they seek to ensure 'justice' is done by their own hands.

Hate crime enhancements are unjust because they respond to two equal results (i.e. assault vs. racial mugging) with different punishments. We need to judge solely on the concrete actions of the aggressor in order to prevent punishments from being based on arbitrary judgements as to an offender’s “intent”, which can be very difficult to prove. Otherwise “intent” may be supposed or argued in cases where it did not exist, leading to perverse sentencing whereby a crime is punished more harshly despite the true absence of intent. There is a danger of unjustly branding someone as bigoted and punishing them excessively, e.g. for their involvement in a bar fight where the victim coincidentally belonged to a minority group.

Juries might also be willing to make the logical leap that, because the aggressor was proved to hold bigoted views in general towards his victim's ethnic group, these views must have motivated his actions in this individual incident, despite the absence of any evidence linking the specific brawl in a bar to the aggressor's views. Therefore it is unjust to punish two crimes with equal effects differently on the highly subjective basis of “intent”, and thus hate crime enhancements are unjust.

This presupposes that hate crimes are equal in their effects to non-hate crimes, which they are not as hate crimes cause harms in terms of terror directed at, and felt only by, specific groups.

Moreover, intent is considered in trials in many other circumstances, such as in differentiating between manslaughter (killing without intent to kill) and murder (killing with intent to kill), or when deciding whether a murder was premeditated or not. There is no reason to suppose intent cannot also be judged in possible hate crime cases.

Hate crimes are crimes that are based on an idea that the perpetrator had prior to the crime. The crime itself is no different from any other crime except that it is punished more harshly. Why is this so? Because we are punishing an idea. All forms of violent crime, whether they are murders, rapes, or beatings are an expression of hatred toward another human being.

To add more punishment to a crime because it represents a particular kind of hate (an idea) is to unfairly distinguish between different violent acts and trivialize those violent acts that do not appear to be motivated by prejudice hate. This is unjust because the idea itself does not cause harm, and is in fact legal in most cases (with the exception of direct incitement to violence), as racist or prejudiced statements and ideas are not illegal in most western liberal democracies.

We allow extreme and prejudiced ideas to be legal because we recognise the value of free speech and open discourse in debating and discussing ideas, so as to best allow for progress in human thought. Hate crime enhancements constitute an attack on this as they make an individual liable for harsher punishments for his actions if he holds certain views, and thus the law unfairly discriminates against these particular viewpoints and not against others, and so hate crime enhancements are unjust.

This again assumes that there is no additional harm attached to the perpetrating of such a crime by an individual who holds these ideas, which there demonstrably is (though the inflicting of terror on one specific community). Moreover hate crimes themselves are a violation of the right to freedom of speech; a person does have the right to express themselves, but not in a way that would prevent others from exercising their own rights.

A hate crime is the ultimate attempt to limit another's freedom of expression. A hate crime is an attempt to silence the very idea that a particular person has the right to exist or to live a particular lifestyle. Therefore, in order to uphold the first amendment, hate crime enhancements are not only just, but are in fact necessary. 

By defining crimes as being committed by one group against another, rather than as being committed by individuals against their society, the labelling of crimes as “hate crimes” causes groups to feel persecuted by one another, and that this impression of persecution can incite a backlash and thus lead to an actual increase in crime.(1) These effects spread beyond the hate crimes themselves.

By prosecuting high-profile cases of white hate crimes against blacks, for example, it encourages blacks to see themselves as part of a distinct community different from the white community and whose relations are marked by crimes committed by one against the other. This is especially true when one community seems to perpetrate more hate crime (or at least more convictions thereof are secured) against another community than visa-versa.

An analysis of hate crime date from the USA examining how hate crimes against whites are viewed with respect to hate crimes against blacks has  hypothesised that the prevailing view in the minds of the public is that the crime that whites are most likely to commit against blacks is a hate crime, and that it is hard for most Americans to envision a white person committing a crime against a black person for a different reason. The only white people who commit crimes against black people, goes the public belief, are racially prejudiced white extremists, and in contrast the very idea of hate crimes committed against whites is met with scepticism and disbelief.(2)

There have been several high-profile cases in the USA where some individuals have argued actual hate crimes against whites were not treated as such as a consequence of such public disbelief.(3) This can lead to an unjust situation where hate crime enhancements are (or are perceived as being) only applied “against” one community by another, despite hate crimes actually being committed by individuals within both communities against other individuals. Therefore hate crime enhancements are unjust.

In almost every case where hate crimes are committed, the communities involved already perceive themselves as distinct and opposed, mostly because they already believe that their communities have been sundered by structural inequalities and hate-motivated crimes. Simply ignoring hate crimes will not make these communities stop perceiving them. Rather, it could lead to some communities feeling that their concerns and grievances are not being properly addressed, and lead to more inter-community violence as they seek to ensure 'justice' is done by their own hands.

Hate crimes should be given a more severe penalty because the harm done to the victim and society is greater. Given that the intent of hate crimes is more malicious than simple premeditative murder; it is just to enhance hate crime laws to reflect stronger punishment. Hate crimes don't merely victimize the individual upon whom violence is inflicted, they also victimize a community or minority group that the hate crime was intended to terrorize. This is why hate crimes frequently include highly public acts such as lynchings in town squares, dragging hate crime victims behind cars along streets inhabited by certain communities, and graffiti on significant buildings -they are intended to send a message.

Hate crime-delivered messages limit the freedom of expression and group association of the victim community, thus violating their liberties. For this reason, hate crimes have more victims than other crimes, and subsequently deserver greater punishment.  Moreover, as hate crimes are generally perpetrated against minority groups, and because these minority groups are always in a state of social disenfranchisement; it could be argued that hate crime enhancements are the state's way of attempting to arbitrate equality to minorities by compensating them with laws that will better favour their interests, thus forcibly "balancing the scale" of social equity. 

Much of this symbolism and “meaning” attributed to hate crimes is deeply subjective and open to (mis)interpretation, especially in a politicized environment where hatred against one group is perceived as being the “usual” motivation behind any crime by any individual from another community against that group, and where the idea of hatred motivating a crime against another community by a different individual (based on his own background) is treated with scepticism.

The additional punishment given to hate crimes under enhancements can help deter people who hold hateful views from acting on them, as they fear going to prison for any amount of time, and so any additional punishment affects their risk calculation before they commit a hate crime.

Moreover, increased punishments help prevent those who have perpetrated hate crimes from re-offending through rehabilitation in prison. In cases of crimes motivated by deep hatred, rehabilitation may require increased time and increased effort in order to provide criminals with the correct focus and concentration, and a longer sentence is necessary for this to happen.

Hate is not an essential human trait, we are not born hating people, it is a learned factor that can be unlearned when correctly rehabilitated. Therefore hate crime enhancements are just because they help prevent hate crimes and help prevent hate crime recidivism.

It isn't necessarily true that hate crime enhancements really do deter hate crimes or help fight recidivism. Those committing hate crimes would face significant deterrents (in the form of legal sanctions, including prison time) for the crimes they commit even without the enhancements, so it seems unlikely that the addition of a few more years on their sentence, for example, would make a large difference to them when considering committing a crime. Moreover most hate crimes are based on irrational hatred and prejudice, and thus are unlikely to be rationally considered in a risk analysis as this argument supposes. In terms of rehabilitation, it should be noted that prisons are frequently places of racial and sectarian tension, with violent prison gangs built on ethnic and other identities, and thus hardly seem the place to counteract such prejudices.(4)

Hate crime laws can teach society that hatred is highly condemnable and mould society into a streak away from racism, sexism, etc. Most governments have already taken this turn with the advent of segregation laws, discrimination laws, etc. To simply leave these issues unaddressed would be to make many communities, especially minority communities, feel that their grievances were ignored and that the state allowed discrimination and violence against them. Such feelings would further polarize communities against each other and make racial tensions and further hate crimes more likely.

Therefore hate crime enhancements should be maintained as a way for the state to send a message that it desires tolerance and will not allow crimes based on prejudice to stand un-addressed.

Victims of violence may be prone to accusing their assailant of hate-motivated crimes. Victims frequently seek revenge, and hate crime laws create a very easy avenue for doing so. Thus hate crime enhancements may serve to fuel the fires of inter-community tensions as people perceive them as being used to exact communal vengeance.