Abstract

Given the prevalence of hate ideology, a concerted, multipronged effort to combat it clearly seems in order. In this essay, I explore whether hate crime legislation is a permissible and advisable component of this effort. In particular, I consider whether it is morally permissible to impose enhanced punishments upon criminals who select their victims at least in part because of an animus toward members of the group to which the victim belongs. Would it be permissible to punish more severely a White supremacist who attacks a person only because she is Black, for instance, or an anti-Semitic thief who selects her victims at least in part because they are Jewish? After sketching a preliminary defense of this type of hate crime legislation, I note some potential concerns, including vexing questions about the likely effects of imposing such laws under the present, nonideal circumstances in the United States.