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71 S. Cal. L. Rev. 47 (1997-1998)
The Transforming Power of Hate: Social Cognition Theory and the Harms of Bias-Related Crime

handle is hein.journals/scal71 and id is 61 raw text is: THE TRANSFORMING POWER OF HATE: SOCIAL COGNITION THEORY AND THE HARMS OF BIAS-RELATED CRIME LU-IN WANG* INTRODUCTION: THE PROTOTYPICAL HATE CRIME AND TWO PROBLEM CASES .......................... 48 I. LEGAL CONCEPTIONS OF THE WRONG .................... 61 A. TRADITIONAL CONCEPTIONS ............................................... 61 B. NEWER CONCEPTIONS: PENALTY ENHANCEMENT FOR BIAS-RELATED MOTIVATION ............................................... 65 1. Two Models for Penalty Enhancement .......................... 67 a. The discriminatory victim selection model .......... 69 b. The motivated by racial animus' model ................ 75 2. Choosing a Model: Application to Two Problem Cases 78 C. TOWARD A NEW CONCEPTION OF THE HARM IN BIAS-MOTIVATED CRIME ..................................................... 79 II. THE HARMS OF BIAS-RELATED CRIME .................... 81 A. PSYCHOLOGICAL AND SOCIAL CONSEQUENCES OF CRIMINAL VICTIMIZATION ................................................... 82 1. Living in an Assumptive World: Constructing and Maintaining Beneficial Illusions .................................... 83 a. Three basic assumptions .......................................... 85 * Assistant Professor of Law, University of Pittsburgh School of Law (wang@law.pitt.edu). B.S., 1983, Pennsylvania State University; B.A., 1983, University of Pittsburgh; J.D., 1986, The Uni- versity of Michigan. I owe special thanks to Martha Chamallas and Welsh White for their careful reading of several drafts and their insightful comments. I also am thankful for the comments of Ma- rina Angel, Jody Armour, John Burkoff, Pat Chew, Maggie Chon, Ruth Colker, David Herring, Cynthia Lee, and Lester Olson. This article benefited greatly from suggestions received at a confer- ence held by the Delaware Valley Law Women in cooperation with The University of Pennsylvania Law School Center on Professionalism, and from research assistance provided by Tony Bertelli, J. Black, and Shed Kurtz.

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