Penalty Enhancement for Hate Crimes: An Economic Analysis
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.
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Volume (Year): 6 (2004)
Issue (Month): 1 ()
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References listed on IDEAS
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- A. Mitchell Polinsky & Steven Shavell, 1999.
"The Economic Theory of Public Enforcement of Law,"
NBER Working Papers
6993, National Bureau of Economic Research, Inc.
- A. Mitchell Polinsky & Steven Shavell, 1997.
"On the Disutility and Discounting of Imprisonment and the Theory of Deterrence,"
NBER Working Papers
6259, National Bureau of Economic Research, Inc.
- Polinsky, A Mitchell & Shavell, Steven, 1999. "On the Disutility and Discounting of Imprisonment and the Theory of Deterrence," The Journal of Legal Studies, University of Chicago Press, vol. 28(1), pages 1-16, January.
- Nuno Garoupa, 2001. "Optimal law enforcement when victims are rational players," Economics of Governance, Springer, vol. 2(3), pages 231-242, November.
- Shavell, Steven, 1987. "The Optimal Use of Nonmonetary Sanctions as a Deterrent," American Economic Review, American Economic Association, vol. 77(4), pages 584-92, September.
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