Discuss How we should we punish hate crime?

  1. What are the various tests used for the insanity defense? Which one do you believe is best for the courts to apply? Why?
  2. Offer an example of two excuse based defenses. Read “Criminal Law in the News” on page 178. Offer or obtain an example of an excuse-defense that strikes you as silly, absurd, inappropriate, outrageous, etc. Has our system gone overboard in allowing these defenses? Why or why not?
  3. Locate a news story or informational web site about hate crimes, and comment on the story. How should we punish hate crime? What are the Constitutional issues with hate crime laws? Should it be a felony? Under what circumstances?