Do "hate crimes" violate the the equal protection clause of the constitution?

Question

Why should it be less of a crime to beat, kill, harass, etc. a member of one group of people as opposed to another?

Aren't all malicious acts hateful?

Answer 1

I agree, but say that to a member of one of those "protected classes", and you're a racist.

Answer 2

No, hate crimes do not violate equal protection.

Equal protection (along with most other constitutional protections) only apply to government action, not private action.

And just because something is malicious doesn't mean that the intent was based on a general hatred of an entire race, gender, religion or other group. It only counts as a hate crime if the defendant acted out of hate of the entire group, not hate of the individual targeted. It doesn't matter who the group is.

Look at the way hate crimes are implemented in law. The base offense level applies to the actual crime, regardless of the target. If the crime was motivated by hatred of an entire group, that would enhance the penalty, just like using a gun to commit some other crime enhances the penalty.

It's because the hate element makes the person who committed the crime more of a threat, because they are by definition likely to attack any other member of that group. Compared to those who attack individuals without the hate bias, and who are thus not necessarily motivated or likely to attack some other individual.

Answer 3

good question. how can you tell the difference between a crime and a hate crime if the accused does not publically indicate that their crime was based on prejudice? Who determines that?