Professor Fleisher warns that hate crime laws that attempt to determine, as a means of assessing addditional culpability, whether the victim of interracial violence was intentionally selected because of the victim's race, will not only fail to accomplish their goals but will also do actual harm. Fleisher points out the frequent difficulty of ascertaining a perpetrator's racial motive amongst a myriad of possible motivating factors, particularly when violent crimes are committed by more than one actor. Moreover, prosecutorial discretion, racial politics, tactical decisions and intense media coverage of allegedly bias-motivated crimes complicate the prosecutor's task and tend to heighten racial tensions by increasing the perception that the prosecution is not "calling it both ways." Additionally, bias-assault statutes may be used to enhance the punishment of perpetrators from the very minority groups the statutes are designed to protect. Finally, any perceived benefit to be derived from the enactment of bias-assault statutes could be achieved by other means that would not carry the self-defeating baggage of bias-assault statutes. The creation of bias-crimes units within police forces, and the rigorous prosecution, under pre-existing laws, of perceived bias-crimes will send the message that such crimes are being treated seriously without the necessity of punishment enhancement. In the case of group violence, punishment enhancement could be accomplished by increased use of conspiracy statutes, and legislative action increasing the seriousness of assault charges when committed by more than one person.