Eliminating Extremism: A Legal Analysis of Hate Crime and Terrorism Laws in the United States

Wesley S. McCann and Nicholas Pimley

Terrorism and Political Violence, 2022, vol. 34, issue 2, 285-317

Abstract: The distinction between hate crime and terrorism is a contentious legal issue that impacts how respective crimes are labeled and prosecuted. Using a legal content analysis, this study examines what central legal elements comprise hate crimes and terrorism, respectively, for each state to discern their legal differences. The analysis along with exegesis of terrorism and hate crime definitions enumerated in state law demonstrates that these crimes are too similar to be different legal constructs, given their definitional elements and real-world applications. The study concludes that these “crimes” need to either be eliminated from criminal law or altered so as to make the adjudication of so-called extremism more parsimonious, equitable, and consistent. Recommendations are proffered on how this can be accomplished.

Date: 2022
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DOI: 10.1080/09546553.2019.1699794

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