Abstract

Diary of a Mad Law Professor
Williams, Patricia J. | November 9, 1998 issue

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It has been argued that laws punishing hate crimes punish people for their thoughts. The image evoked is a little like a beaker filled with oil and water. The water is the crime. The hate is the oil. The hate, supposedly floating in the First Amendment realm of protected words and thought, is fully separable from one's criminal conduct. Punish the crime, according to this model, but leave the hate alone. There are many grounds upon which to question such an easy division, but even in those states that have enacted bias crime statutes, few prosecutors seem ready, willing or able to wrestle seriously with the admittedly complicated application of those statutes in specific cases.

See Also:

CRIMINAL law; HATE crimes; HATE speech; CRIME; STATUTES; LAW
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