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Penalty Enhancement for Hate Crimes: An Economic Analysis

Author

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  • Dhammika Dharmapala
  • Nuno Garoupa

Abstract

This article develops an economic analysis of penalty enhancements for bias-motivated (or "hate") crimes. Our model allows potential offenders' benefits from a crime to depend on the victim's group identity, and assumes that potential victims have the opportunity to undertake socially costly victimization avoidance activities. We derive the result that a pattern of crimes disproportionately targeting an identifiable group leads to greater social harm (even when the harm to an individual victim from a bias-motivated crime is identical to that from an equivalent non--hate crime). In addition, we consider a number of other issues related to hate crime laws. Copyright 2004, Oxford University Press.

Suggested Citation

  • Dhammika Dharmapala & Nuno Garoupa, 2004. "Penalty Enhancement for Hate Crimes: An Economic Analysis," American Law and Economics Review, American Law and Economics Association, vol. 6(1), pages 185-207.
    • Handle: RePEc:oup:amlawe:v:6:y:2004:i:1:p:185-207
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    Cited by:

    1. Cesar Alonso & Nuno Garoupa & Marcelo Perera & Pablo Vazquez, 2008. "Immigration and Crime in Spain, 1999-2006," Working Papers 2008-34, FEDEA.
    2. Garoupa, Nuno & Obidzinski, Marie, 2006. "The Scope of Punishment: An Economic Theory of Harm-Based vs. Act-Based Sanctions," CEPR Discussion Papers 5899, C.E.P.R. Discussion Papers.
    3. Thomas J. Miceli, 2022. "Counting offenders’ gains? Economic and moral considerations in the determination of criminality," European Journal of Law and Economics, Springer, vol. 54(3), pages 475-496, December.
    4. Mohamad Khattar Awad & Bashar Zogheib & Hamed M.K. Alazemi, 2016. "On the optimality of escalating penalties for repeat offences against the academic honour code," Applied Economics, Taylor & Francis Journals, vol. 48(7), pages 553-562, February.
    5. Ehud Guttel & Barak Medina, 2007. "Less Crime, More (Vulnerable) Victims: Game Theory and the Distributional Effects of Criminal Sanctions," Discussion Paper Series dp472, The Federmann Center for the Study of Rationality, the Hebrew University, Jerusalem.
    6. Yahagi Ken, 2019. "The Effects of Hate Groups on Hate Crimes," Review of Law & Economics, De Gruyter, vol. 15(3), pages 1-14, November.
    7. Ehud Guttel & Barak Medina, 2007. "Less Crime, More (Vulnerable) Victims: Game Theory and the Distributional Effects of Criminal Sanctions," Levine's Bibliography 122247000000001799, UCLA Department of Economics.
    8. Dharmapala Dhammika & Garoupa Nuno & McAdams Richard H., 2009. "Belief in a Just World, Blaming the Victim, and Hate Crime Statutes," Review of Law & Economics, De Gruyter, vol. 5(1), pages 311-345, May.
    9. Ryan, Matt E. & Leeson, Peter T., 2011. "Hate groups and hate crime," International Review of Law and Economics, Elsevier, vol. 31(4), pages 256-262.
    10. Miceli, Thomas J. & Segerson, Kathleen, 2024. "The broken-windows theory of crime: A Bayesian approach," International Review of Law and Economics, Elsevier, vol. 80(C).
    11. Guererk, Oezguer & Rockenbach, Bettina & Wolff, Irenaeus, 2010. "The effects of punishment in dynamic public-good games," MPRA Paper 22097, University Library of Munich, Germany.
    12. Dhammika Dharmapala & Richard H. McAdams, 2005. "Words That Kill? An Economic Model of the Influence of Speech on Behavior (with Particular Reference to Hate Speech)," The Journal of Legal Studies, University of Chicago Press, vol. 34(1), pages 93-136, January.
    13. Nuno Garoupa, 2003. "Behavioral Economic Analysis of Crime: A Critical Review," European Journal of Law and Economics, Springer, vol. 15(1), pages 5-15, January.
    14. Thomas J. Miceli & Kathleen Segerson, 2007. "Punishing the Innocent along with the Guilty: The Economics of Individual versus Group Punishment," The Journal of Legal Studies, University of Chicago Press, vol. 36(1), pages 81-106, January.
    15. Dhammika Dharmapala & Aziz Huq, 2024. "Imputing Unreported Hate Crimes Using Google Search Data," CESifo Working Paper Series 11245, CESifo.
    16. Philip A. Curry & Matthew Doyle, 2012. "Social Welfare and the Benefits to Crime," Working Papers 1205, University of Waterloo, Department of Economics, revised Jul 2012.
    17. Carbonara, Emanuela & Pasotti, Piero, 2010. "Social dynamics and minority protection," International Review of Law and Economics, Elsevier, vol. 30(4), pages 317-328, December.
    18. Thomas J. Miceli, 2021. "Should Offenders’ Gains Be Counted? On Efficient Crimes and Unjust Laws," Working papers 2021-02, University of Connecticut, Department of Economics.

    More about this item

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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