Hate And Bias Crime
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| Author | : Frederick M. Lawrence |
| Publisher | : Harvard University Press |
| Total Pages | : 287 |
| Release | : 2009-07-01 |
| Genre | : Law |
| ISBN | : 0674040015 |
Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system. In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality. Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.
| Author | : Frederick M. LAWRENCE |
| Publisher | : Harvard University Press |
| Total Pages | : 285 |
| Release | : 2002-09 |
| Genre | : Law |
| ISBN | : 9780674009721 |
| Author | : Barbara Perry |
| Publisher | : Routledge |
| Total Pages | : 541 |
| Release | : 2012-11-12 |
| Genre | : Social Science |
| ISBN | : 113607290X |
Covering everything from hate groups and extremist exploits to Black church arsons and the fall out violence from 9/11; this is an important collection that sheds much-needed light on this growing problem.
| Author | : Jeannine Bell |
| Publisher | : NYU Press |
| Total Pages | : 239 |
| Release | : 2002-07 |
| Genre | : Law |
| ISBN | : 0814798977 |
Explores the interaction of race and law enforcement in the controversial area of hate crime. Bell includes in her work the experiences of detectives who are women, Black, Latino, and Asian American, exploring the impact of the racial identity of both the hate crime victim and the officers' handling of bias crimes.
| Author | : Frank S. Pezzella |
| Publisher | : Springer Nature |
| Total Pages | : 133 |
| Release | : 2020-10-23 |
| Genre | : Social Science |
| ISBN | : 303051577X |
Using data from the Uniform Crime Reporting Hate Crime Statistics Program and the National Crime Victimization Survey, this brief highlights the uniqueness of hate or bias crime victimization. It compares these to non-bias crimes and delineates the situational circumstances that distinguish bias from non-bias offending. The nuances of under-reporting shed light on bias-group and victim reasons for not reporting. By examining measurement issues associated with data collection systems, this brief helps explain why eighty-nine percent of participating law enforcement agencies report zero hate crimes each year. It describes patterns and trends in reporting the volume of general bias motivations and specific bias types, as the most prevalent hate crime offense types and most likely victims and offenders. With recommendations to address issues in measurement and under-reporting, including an action plan by the Enhance the Response to Hate Crimes Advisory Committee and the International Association of Chiefs of Police, a best practice model by the Oak Creek Police Department, and other promising law enforcement reporting models, this brief provides an increasingly critical resource for law enforcement practitioners and researchers dealing with hate crimes.
| Author | : James B. Jacobs |
| Publisher | : Oxford University Press |
| Total Pages | : 224 |
| Release | : 2000-12-28 |
| Genre | : Law |
| ISBN | : 0190286318 |
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
| Author | : Valerie Jenness |
| Publisher | : Russell Sage Foundation |
| Total Pages | : 237 |
| Release | : 2001-08-15 |
| Genre | : Social Science |
| ISBN | : 1610443144 |
Violence motivated by racism, anti-Semitism, misogyny, and homophobia weaves a tragic pattern throughout American history. Fueled by recent high-profile cases, hate crimes have achieved an unprecedented visibility. Only in the past twenty years, however, has this kind of violence—itself as old as humankind—been specifically categorized and labeled as hate crime. Making Hate a Crime is the first book to trace the emergence and development of hate crime as a concept, illustrating how it has become institutionalized as a social fact and analyzing its policy implications. In Making Hate a Crime Valerie Jenness and Ryken Grattet show how the concept of hate crime emerged and evolved over time, as it traversed the arenas of American politics, legislatures, courts, and law enforcement. In the process, violence against people of color, immigrants, Jews, gays and lesbians, women, and persons with disabilities has come to be understood as hate crime, while violence against other vulnerable victims-octogenarians, union members, the elderly, and police officers, for example-has not. The authors reveal the crucial role social movements played in the early formulation of hate crime policy, as well as the way state and federal politicians defined the content of hate crime statutes, how judges determined the constitutional validity of those statutes, and how law enforcement has begun to distinguish between hate crime and other crime. Hate crime took on different meanings as it moved from social movement concept to law enforcement practice. As a result, it not only acquired a deeper jurisprudential foundation but its scope of application has been restricted in some ways and broadened in others. Making Hate a Crime reveals how our current understanding of hate crime is a mix of political and legal interpretations at work in the American policymaking process. Jenness and Grattet provide an insightful examination of the birth of a new category in criminal justice: hate crime. Their findings have implications for emerging social problems such as school violence, television-induced violence, elder-abuse, as well as older ones like drunk driving, stalking, and sexual harassment. Making Hate a Crime presents a fresh perspective on how social problems and the policies devised in response develop over time. A Volume in the American Sociological Association's Rose Series in Sociology
| Author | : Frank S. Pezzella |
| Publisher | : Springer |
| Total Pages | : 87 |
| Release | : 2016-07-28 |
| Genre | : Social Science |
| ISBN | : 3319408429 |
This Brief provides a clearly outlined and accessible overview of the challenges in creating and enforcing hate crime legislation in the United States. As the author explains, while it is generally not controversial that hate crime behavior should be stopped, the question of how to do so effectively is complex. This volume begins with an introduction about defining hate crimes, and the history of hate crimes and hate crime legislation in the United States. The author shows arguments in favor of hate crime statutes, for example: hate crimes reach beyond their victims to members of the victims’ protected group and cohesion of society at large, and should therefore carry higher penalties.The author also shows arguments against hate crime statutes, for example that they sometimes contain enhanced penalties for certain specially protected groups and not others, and have a high potential for ambiguity and uneven enforcement. From a law enforcement perspective, the author explores the practical challenges in enforcing these statutes, and solutions to address them. Investigative techniques and resources vary significantly across police departments, as does training to identify and distinguish hate crimes from ordinary crimes. There is high potential for law enforcement and prosecutors’ personal biases to effect the classification of crimes as hate crimes. Law enforcement organizations are constantly faced with the dilemma of what and how to enforce legislation. This brief will be relevant for researchers in criminology and criminal justice, policy makers involved in hate crime legislation, social justice, and police-community relations, as well as related fields such as sociology, public policy and demography.
| Author | : Office of International Criminal Justice |
| Publisher | : Office of International Criminal Justice |
| Total Pages | : 246 |
| Release | : 1993 |
| Genre | : Law |
| ISBN | : |
| Author | : James B. Jacobs |
| Publisher | : Oxford University Press |
| Total Pages | : 223 |
| Release | : 2000-12-28 |
| Genre | : Social Science |
| ISBN | : 0198032226 |
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
