Should Canada punish hate crimes with greater penalty than it punishes the same crime committed on other grounds

Should Canada punish hate crimes with greater penalty than it punishes the same crime committed on other grounds

Fellow students and our dear professor, good afternoon! Good afternoon once more!   I would like to talk about hate crimes and the penalty associated with it.  Lately, there has been lots of debates on should Canada punish hate crimes with greater penalty than it punishes the same crime committed on other grounds? And being a hotly debated discussion, it caught my attentions that prompted me to do some research on the same so that I can share my perspective. Now, have you ever asked yourself what does hate crime mean and why is it different from other crimes. Also, why should we increase the penalty for hate crimes. Firstly, crimes motivated by bias are what we call hate crimes. This motivation sets hate crimes apart from other types of criminal activity. A hate crime isn't just one specific type of crime. It could be any kind of criminal offense, including assault, murder, property damage, intimidation, and threats. Thus, rather than designating a particular crime covered by a penal code, the term "hate crime" or "bias crime" refers to a category of crimes. Because of bias or prejudice, a person may conduct a hate crime in a nation without a specific criminal penalty. Rather than having a legal definition, the phrase refers to an idea. 

Advocates for grater penalties for hate crimes argue that such crimes not only harm the immediate victim but also have broader societal implications. Hate crimes target not just individuals but entire communities, sending a message of fear and exclusion to marginalized groups.  This is supported by Taslitz (1999) who argues that hate crimes cause unique harm by targeting victims based on their identity, which undermines their need for individualized justice and damages their sense of self-worth (Pg. 763). To them, punishing hate crimes more severely, society can send a clear message that such behavior will not be tolerated, thereby fostering a more inclusive and respectful environment for all citizens. 

However, I think that Canada should not impose harsher penalties on hate crimes as compared to other crimes. In my view, hate crimes should be punished based on the harm caused and the culpability of the perpetrator, rather than the underlying motive. I believe harsher penalties for hate crimes can be seen as assigning greater value to the victim based on their characteristics, which goes against the principle of equality before the law. In align with my argument Hurd (2000) acknowledges that hate crimes victimize entire communities, constituting greater wrongs than other crimes, but she disagrees and expresses particular concern with the latter justification, focusing on the implications of treating hatred and bias as uniquely culpable mental states deserving increased punishment (Pg. 215). She argues against this approach, noting that it deviates from traditional criminal law principles and moves towards a character-centered theory of punishment, which she views as incompatible with liberal ideals. 

As such, while passing a penalty for hate crimes, I think it is important to consider defendants' motivations for action, emotional states accompanying actions and emotional states involved in hate/bias crimes to pass fair judgement/penalty. Different penalties for hate crimes as noted above should be embraced. Justice should be impartial and blind to the motivations behind a crime. My view is that all crimes be punished based on the harm caused and the culpability of the perpetrator, rather than the underlying motive. Punishing hate crimes more severely could be seen as assigning greater value to the victim based on their characteristics, which goes against the principle of equality before the law. In addition, harsher penalties may not necessarily deter hate-motivated offenders, as these individuals are often driven by deeply ingrained prejudices rather than rational considerations of potential punishment. 

References 

Hurd, H. M. (2000). Why liberals should hate" hate crime legislation". Law and Philosophy, 215-232. 

Taslitz, A. E. (1999). Condemning the racist personality: Why the critics of hate crimes legislation are wrong. BCL Rev., 40, 739-785.