Levin (1992, cited in Nolan & Akiyama, 1999) notes that police officers tend to identify crimes based on the severity of injury or the magnitude of property damage and not on the basis of motive.

There are many thinkers and writers that question the legitimacy of hate or bias crime laws on the basis that they violate a fundamental democratic principle by punishing individuals for their prejudiced thoughts and beliefs (Altman, 2001). The assumption is that the defendant had a bias motive for committing the offense and the motive consists solely of the defendant's thought. (Gellman, 1992). Therefore, it has been argued that bias crime laws are illegitimate because they punish motive. In addition, the fact that complicates things further is that the motive is inextricably tied to a certain set on political values and attitudes. Other writers have recognized that hate crime is a social construct, focusing on prejudice...
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