Those who would impose stiffer sentences on criminals if their offence can be tied to any particular bias often present the picture of some white skinhead or Klansman attacking a minority group member. But recent evidence suggests that offending members of racial minorities are more likely to receive; stiffer sentences under hate crime statutes
Those who oppose establishing a special legal category for crimes committed with bias in mind argue that the Constitution bars punishment for ideas — however hateful they may be. They contend that tacking on extra prison time for bias is an affront to the First Amendment.
Source: Dan Seligman, "The Perfect Crime," Forbes, December 15, 1997.
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