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Taking The 'Hate' Out Of Hate Crimes: Applying Unfair Advantage Theory To Justify The Enhanced Punishment Of Opportunistic Bias Crimes, Jordan Woods
Jordan Blair Woods
Should bias crime perpetrators who, for personal gain, intentionally select victims from social groups that they perceive to be more vulnerable be punished similarly to typical bias crime perpetrators who are motivated by group hatred? In this Comment, I apply unfair advantage theory to argue that enhancing the punishment of opportunistic bias crimes is proper because of the perpetrators' motivations and the crimes' harmful effects. In its most basic form, unfair advantage theory justifies punishment based on the unfair advantage that criminals obtain over law-abiding members of society by violating the law. I contend that the enhanced punishment of opportunistic …