ABSTRACT
Much has been written in this handbook about the causes and consequences of hate crime. As with most other forms of harmful and/or wrongful behaviour, the state’s main response is to criminalise and punish offenders. There are sound reasons why legislatures should pursue such an approach to tackling hate-motivated offences. Legislation promotes an important symbolic message to society by denouncing the immorality of various forms of bigotry. Simultaneously, the law provides a message of support to minority groups that the state will protect them from targeted victimisation (Iganski, 1999). Within most jurisdictions, hate crime statutes have the effect of enhancing the punishments of hate offenders. These laws have been cogently grounded in retributive theories of punishment with the argument being that the increased seriousness of hate motivation must be met with a more severe penalty (Lawrence, 1999). However, critics have noted that penalty enhancements do little to actively repair the emotional, social and cultural damage caused by hate-motivated incidents (Shenk, 2001; Moran et al., 2004).
