This jurisprudential theory predates the US constitution, and in many areas of law we distinguish when determining punishment who is the victim and who is the actor. Hate crimes legislation is nothing new. It is also important to note, according to Harrell, that we have in an increasingly globalized society. That what hate crimes laws do. Hate crimes legislation does not give special rights as it has a universal application according to some lawmakers.
Race is an unbiased term.
We could be talking about a white male just as easily. Criminologists have historically cited two reasons to enhance penalty on certain types of crimes. One reason, research shows, is when a crime poses a threat to the larger society. Secondly, penalties are often enhanced when offenses are likely to be repeated. The James Byrd, Jr. Hate Crimes Act fits under both qualifications for penalty enhancement.