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Matter of Opinion

What's Wrong With Our Hate Crime Laws?

Matter of Opinion

New York Times Opinion

Society & Culture, Ross Douthat, News, New York Times, Journalism

4.27.2K Ratings

🗓️ 31 March 2021

⏱️ 38 minutes

🧾️ Download transcript

Summary

This month a gunman killed eight people at three Atlanta-area spas, including six women of Asian descent. Authorities say it’s too early to declare the attacks a hate crime. Forty-seven states and the District of Columbia have hate crime laws on the books, designed to add further penalties for perpetrators whose biases led to their crime. But the recent mass shooting has prompted the question of when a crime is called a hate crime and who decides. It’s also unclear whether charging someone with a hate crime is the best answer we have as a society for punishing people who commit these kinds of crimes. On this episode of “The Argument,” we discuss whether hate crime laws are working and what our other options are, with Kevin Nadal, professor of psychology at John Jay College of Criminal Justice, and Steven Freeman, vice president for civil rights at the Anti-Defamation League. Referenced in this episode: Anti-Defamation League’s “Introduction to Hate Crime Laws” N.A.A.C.P.’s state-by-state database of hate crime laws Sarah Lustbader’s article “More Hate Crime Laws Would Not Have Prevented the Monsey Hannukkah Attack” in The Appeal. Share your arguments with us: We want to hear what you’re arguing about with your family, your friends and your frenemies. Leave us a voice mail message at (347) 915-4324. We may use excerpts from your audio in a future episode. You can find transcripts (posted midday) and more episodes of "The Argument" at nytimes.com/the-argument, and you can find Jane on Twitter @janecoaston. “The Argument” is produced by Phoebe Lett, Elisa Gutierrez and Vishakha Darbha and edited by Alison Bruzek and Paula Szuchman; fact-checking by Kate Sinclair; music and sound design by Isaac Jones.

Transcript

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0:00.0

Today on the argument, hate crimes are bad, but our hate crimes laws the best way to prosecute

0:08.0

them.

0:09.0

All right, we are following breaking news out of the Atlanta area where a man is accused

0:13.9

of killing eight people, including six Asian American women.

0:17.1

A deadly shooting is free raising new concerns about Asian Americans being targeted across

0:21.6

the country.

0:22.6

I want to see a deeper investigation into whether or not these shootings and other similar

0:26.8

crimes are racially motivated.

0:28.8

It looks racially motivated to me.

0:30.6

So I will be very surprised if he's not charged with a hate crime, but I can't speak to

0:35.8

what crimes the people will do in that regard.

0:40.5

Eight people were killed at Asian Run Spies in Georgia this month, six of the victims for

0:44.7

Asian American.

0:46.1

Authorities aren't sure if the shooter will be charged with a hate crime.

0:49.9

In 47 states in the District of Columbia, a hate crimes designation is designed to

0:54.0

exact harsher consequences when a perpetrator's biases led to the crime.

0:58.4

But it's not always clear when a hate crime's designation will be used, or even if adding

1:03.4

a hate crimes charged to an attack is in the best interest of the victim or society at large.

1:10.7

I'm Jane Kostin, and when it comes to hate crimes, I'm tin-flicted.

1:15.6

Over when a crime is a hate crime, and whether our flawed criminal justice system is really

1:20.0

the best way to deal with the people who commit them.

1:23.2

One of my guests today says it's definitely not.

...

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