Informer- March 2019

The fundamental reason for enacting bias crime statutes, which increase penalties for bias-motivated behavior compared to otherwise motivated crimes, is the difference in the severity of injury. Some argue that hate crime victims sustain multidimensional physical, psychological, and behavioral injuries, so these crimes warrant a proportionately severe punishment. This argument is further emphasized by the notion that hate crimes not only affect the targeted victim, but also the groups to which victims belong. However, arguments opposing the enactment of hate crime statutes also have merit. Legislators must consider the constitutional issues, challenges to law enforcement, and burden on prosecutors in proving a bias motive beyond a reasonable doubt.