Psychological Perspectives on Hate Crime Laws.

Abstract

Hate crimes are those in which the victim is selected because of his or her actual or perceived race, color, religion, disability, sexual orientation, or national origin. Hate crime laws have frequently been met with objections. Whereas some objections are based in constitutional law, other objections invoke a variety of psychological constructs, including attitude, motivation, behavior, emotion, and intergroup relations. These objections can be illuminated by relevant psychological theory and research. Topics addressed include the measurement of motivation and intent, and distinctions among attitudes, emotions, and behavior. Hate crimes and other crimes are compared in terms of perpetrators, type and degree of violence, psychological and physical trauma suffered by victims, and community impact. Psychologically based defense strategies used by perpetrators of hate crimes are critiqued. Hate crime laws are also discussed in terms of the political and social values they reflect. Finally, research and policy implications are outlined, including implications for prevention and intervention at the individual, community, and law enforcement levels.