The comment begins with a story about an attack that took place against a homosexual where the attacker was then charged with a hate crime because he attacked a homosexual and seemingly was motivated by the victims sexual preference. The resulting strict punishment was based on motive and the comment discusses whether it is a good idea to mandate stricter punishment for crimes based on different kinds of motives. The comment then explores the differences between intent and motive, examines motive in the view of conspiracies based on Pinkerton liability and such, and looks at motive in the context of hate-crime laws. Next, the comment discusses hate-crime statutes and whether the use of these it taking the effects of motive too far. The comes to the conclusion that while motive must be seen as an element of how crimes are punished, caution must be used so that it should only have an effect where it is justified by a real threat to society.
Joshua S. Geller,
A Dangerous Mix: Mandatory Sentence Enhancements and the Use of Motive,
32 Fordham Urb. L.J. 623
Available at: http://ir.lawnet.fordham.edu/ulj/vol32/iss3/7