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Penalty Enhancement for Hate Crimes: An Economic Analysis
American Law and Economics Review (2004)
  • Nuno Garoupa
  • Dhammika Dharmapala
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.
  • hate crimes,
  • discrimination
Publication Date
April, 2004
Citation Information
Nuno Garoupa and Dhammika Dharmapala. "Penalty Enhancement for Hate Crimes: An Economic Analysis" American Law and Economics Review Vol. 6 Iss. 1 (2004) p. 185 - 207
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