Should Hate Crime Be Treated More Seriously Than Other Offences?
Assignment Brief
SOC3701
Violence & Society
Essay questions
Assessed Essay Titles (TERM 1)
Students should select one title from the list below and submit it via Turnitin by Wednesday 16th Dec 2020 5pm
The bibliography should include at least TEN supporting academic titles (books, book chapters, journal articles, research reports).
Essay length: 2,000 words (excluding references)
Do you think hate crime should be treated more seriously than other offence? Critically discuss the arguments for and against treating hate crime differently.
Sample Answer
Should Hate Crime Be Treated More Seriously Than Other Offences?
Introduction
Hate crime has become one of the most contested subjects in contemporary criminology and sociology. It is broadly defined as any criminal act motivated by prejudice or hostility towards a person’s race, religion, sexual orientation, disability, or other identity characteristic (Home Office, 2023). The central debate is whether hate crimes should be treated more seriously than equivalent offences without a bias motive. Supporters argue that hate crimes inflict greater harm by targeting not only individuals but entire communities, thereby threatening social cohesion. Critics, however, claim that such differential treatment undermines legal equality and risks politicising the justice system.
This essay critically examines both sides of this debate. It begins by exploring the concept and social significance of hate crime, then analyses the key arguments for enhanced sentencing and recognition. It later critiques the counterarguments that challenge this stance, focusing on concerns about fairness, free expression, and evidentiary issues. The essay concludes by arguing that hate crimes should indeed be treated more seriously, but with careful safeguards to ensure proportionality and equality before the law.
Understanding Hate Crime and Its Social Impact
The term hate crime gained prominence in the late 20th century, particularly in the United States and United Kingdom, as a response to rising violence against marginalised communities (Chakraborti & Garland, 2015). While ordinary crimes harm individuals, hate crimes symbolically target entire groups, sending a message of exclusion and fear (Iganski, 2001). Perry (2001) describes hate crime as a “message crime”, in which the victim is merely a representative of a larger community. This symbolic violence magnifies the emotional, psychological, and social damage caused.
Empirical studies consistently demonstrate that victims of hate crime suffer deeper and longer-lasting trauma compared to victims of non-bias crimes. McDevitt, Balboni and Bennett (2002) found that victims of hate crimes report higher levels of anxiety, depression, and fear of recurrence. Communities exposed to repeated hate incidents experience collective withdrawal, mistrust, and alienation from wider society (Noon, 2020). These harms justify a legal and moral rationale for differential treatment.
Arguments for Treating Hate Crime More Seriously
The Amplified Harm Principle
The most widely accepted argument for enhanced punishment lies in the amplified harm principle. Hate crimes inflict a dual impact: they harm the individual victim and simultaneously terrorise an entire group. Lawrence (2003) argues that hate crimes “undermine equality itself,” as they challenge the right of certain groups to live free from intimidation. This expanded harm justifies treating hate crimes more severely because the damage extends beyond the direct victim, threatening social harmony.
Deterrence and Symbolic Condemnation
Another justification is that hate crime laws have a symbolic function. They signal that prejudice-driven violence is intolerable and will be met with serious consequences. By treating hate crimes more seriously, society reaffirms its commitment to equality and diversity (Mason, 2014). This public condemnation also serves a deterrent purpose: harsher penalties may discourage offenders from acting on prejudice.
However, the deterrent effect remains debated. While some evidence suggests that enhanced sentencing can dissuade repeat offenders, others argue that bias crimes often arise from deep-seated attitudes unlikely to be changed by punishment alone (Jacobs & Potter, 1998). Nevertheless, the expressive function, demonstrating collective disapproval, remains a powerful social justification.
Upholding Minority Rights and Equality
Hate crime legislation plays a crucial role in protecting vulnerable groups. For historically marginalised communities, recognition of hate crime represents a step towards equality in law and policy. Walters and Hoyle (2012) argue that such laws communicate that minority suffering matters equally to that of the majority, counteracting a legacy of under-protection. Enhanced sentencing thus serves not only as punishment but as affirmation of inclusion and justice.
Restoring Public Confidence in the Criminal Justice System
A further argument relates to public trust. Communities that experience prejudice often distrust law enforcement due to historical neglect or bias. The effective recognition and prosecution of hate crimes can rebuild that trust (Chakraborti & Garland, 2012). When victims see their suffering taken seriously, they are more likely to report offences and cooperate with authorities, creating a positive feedback loop of engagement and confidence.
Arguments Against Treating Hate Crime More Seriously
The Equality and Fairness Objection
A central criticism is that punishing offenders more severely based on their motives violates the principle of legal equality. All citizens should face equal punishment for equivalent harms, regardless of what they were thinking at the time. Critics like Jacobs and Potter (1998) argue that bias motivation should not make an assault more punishable than the same assault driven by greed or revenge. In their view, focusing on motive risks creating a hierarchy of victims, where some lives are deemed more valuable than others.
While this concern about fairness is valid, it overlooks how the law already considers motive and intent in sentencing. For example, premeditated murder is treated more harshly than manslaughter because intent amplifies moral culpability. Similarly, bias motivation adds an additional layer of harm that society has a legitimate interest in condemning.
Problems of Proof and Overreach
Another criticism involves evidentiary difficulties. Establishing that a crime was motivated by prejudice can be complex, relying on subjective interpretation of speech or behaviour. This ambiguity risks inconsistent application and potential misuse (Brown, 2016). For instance, disagreements over what constitutes “hostility” can complicate prosecutions, particularly in politically charged contexts.
There is also the concern that hate crime laws might be extended too broadly, encroaching on freedom of speech. Although the UK’s legal framework distinguishes between hate speech and hate crime, critics worry that increased penalties for “hostility” could chill legitimate expression (Levin & McDevitt, 2008). Thus, lawmakers must strike a balance between protecting victims and safeguarding civil liberties.
Symbolic Justice vs. Practical Effectiveness
A further critique is that hate crime laws may offer symbolic justice rather than practical benefits. Perry (2009) notes that despite stronger sentencing guidelines, hate crimes often remain underreported and under-prosecuted. Many victims still perceive the system as unresponsive. If hate crime legislation merely adds punitive rhetoric without improving victim support, training, or data collection, it risks being performative rather than transformative.
Risk of Political or Social Division
Finally, some argue that highlighting identity categories in law may unintentionally entrench divisions. By codifying separate categories of victimhood, hate crime legislation could foster resentment or perceptions of preferential treatment (Noon, 2020). While such concerns are not baseless, they ignore the structural inequalities that make some groups far more likely to be targeted. The recognition of hate crime does not create division, it acknowledges existing harm.
Continued...
