ABSTRACT
In contrast with the highly visible controversy over the constitutionality of new substantive hate crime laws and enhanced punishments, the significance of the Hate Crime Statistics Act of 1990 seems to have been virtually ignored by criminal lawyers and criminologists. This is probably due to the fact that the Act does not affect criminal cases, although it does have implications for police policy. However, the Act’s greatest significance is its potential impact on how we think about crime and intergroup relations in American society. The Act recognizes hate crime as a new type of criminal offense, and in effect, establishes a new societal indicator of certain types of prejudice. This article explicates the new law and explains how difficult it will be to implement it reliably. The larger issue the article seeks to raise is what kind of contribution this newly minted indicator of hate crime will make to our understanding of crime and certain odious prejudices that blight American society.
