It seems like a bizarre hypocrisy to assume that only some crimes can be deemed to be motivated by “hate.” Any crime, by its very nature of being an unlawful act, seems to be motivated by hate for someone or something. Establishing a set of regulations that punishes crimes that are supposedly based on the desire to attack only specific, and, as Harel and Parchomovsky imply, minority groups codifies differences between groups in a country that claims equality for everyone. This effectively drives people farther apart, as certain groups are deemed to need special treatment, instead of bringing them together. Also, the fact that only crimes against the “vulnerable groups” as defined in the essay “On Hate and Equality” deserve the right to be “hate crimes” seems absurd and essentially nullifies the authors’ arguments.
According to the authors’ Fair Protection Paradigm, the act of a crime being perpetrated against a member of the majority by a member a minority group could never be considered a hate crime. In the authors’ eyes the majority is never seen as being a vulnerable class. This seems to be the authors’ view even in specific cases where the roles of majority and minority are reversed in a situation when a crime takes place (i.e. a white male in a predominantly black neighborhood). Following this idea it is entirely possible for a crime that is motivated solely by another’s belonging to a certain group to go by with a lesser punishment and avoid hate crime treatment. All hate crime regulations force people to prove that the crime was not based solely on hate for another group of people. This, more often than not, is forcing people to prove a negative; something that a decent system of justice does not ask people to do.
