The U.S. has had remedies aimed at racial violence since the Ku Klux Klan Act was passed in the 1870s. Hate crime law, which is more than thirty years old, is the most recent incarnation. The passage of hate crime law, first at the federal level and later by the states, has done very little to slow the rising tide of bigotry. After a brief discussion of state and federal hate crime law, this Article will critically examine the country’s approach to hate crime. The article will then discuss one of the most prevalent forms of hate crime—bias-motivated violence that targets individuals in their homes. The Article will conclude with a discussion of the approach taken by the Justice Department in the Ahmad Arbery case as a potentially positive solution for the handling of hate crime cases.

自 1870 年代通过 Ku Klux Klan 法案以来，美国一直有针对种族暴力的补救措施。已有三十多年历史的仇恨犯罪法是最近的化身。仇恨犯罪法的通过，首先是在联邦一级，后来是各州，对减缓偏见的上升趋势几乎没有起到什么作用。在对州和联邦仇恨犯罪法进行简要讨论后，本文将批判性地审视该国应对仇恨犯罪的方法。然后，本文将讨论一种最普遍的仇恨犯罪形式——以个人为目标的基于偏见的暴力行为。本文最后将讨论司法部在 Ahmad Arbery 案中采取的方法，作为处理仇恨犯罪案件的潜在积极解决方案。