Philosophy 1305F/G Lecture Notes - Mens Rea, Hate Crime, Pedophilia
2 Dec 2012
School
Department
Course
Professor
Document Summary
Christopher wellman: a defense of stiffer penalties for hate crimes . Hate crime: in order for an offence to count as a hate crime the perpetrator must have chosen the victim because of the victims membership in a targeted group. There are 6 prominent theories of punishment wellman considers: Retributive, utilitarian, moral education, expressivist, restitutive, societal safety valve. Only required to know retributive and utilitarian. Punishing criminals is morally justified to the extent that such an institution generally promotes a better state of affairs. The state is justified in inflicting harms on transgressions, despite the harms inflicted because it provides for a more secure state of affairs. With regard to hate crime in particular, the utilitarian theory of punishment. Members of a targeted group- insofar as enhanced punishments are not legislated will feel that society tolerates the fact that some crimes will be perpetrated out of hatred.
