Hate Crimes Defined

Posted on July 12, 2003 by glasscastle

One of my foreign law students asked me yesterday
what the meaning of "hate crime" was. I gave her a general explanation, which
I would like to augment with this succinct definition from the FBI…"Hate
crimes are crimes that were motivated in whole or in part by a bias
against the victim’s
perceived race, religion, ethnicity, sexual orientation, or disability."

But a definition is always better if accompanied by an
example. The following article from today’s
Boston Globe, about a lesbian
couple with two small kids who were attacked and beaten while buying
ice cream on the 4th of July, seems to epitomize hate crimes.

The questions remain: 1) In what way is the crime committed intrinsically
different than if the suspects in this case had beaten the woman because
they didn’t like the color of her hair, or because she reminded them
of a hated teacher? 2) Even if there is a difference in motivation,
is that
a valid reason for more severe charges and penalties? and 3) Is it within
the courts responsibility and capacity to render judgment on the motivation
and possible prejudicial mindsets of the accused?                Comments?
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