Hate Crime Law

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Examining the Boundaries of Hate Crime Law: Disabilities and the Dilemma of Difference

Examining the Boundaries of Hate Crime Law: Disabilities and the Dilemma of Difference

As we have argued elsewhere, what is now commonly understood as "bias" or "hate" crime is an age-old problem approached with a new conceptual lens and sense of urgency.12 Despite a well-[r]

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The victims of hate crime and the principles of the criminal law

The victims of hate crime and the principles of the criminal law

However, as well as being of historical significance, an explanation based on equality has the additional advantage of being able to explain at a doctrinal level how hate crime law can be justified. For scholars who prefer to explain hate crimes on the basis of the more blameworthy men rea, equality is able to explain why hatred of certain groups is punished more severely than other motives: the hostility demonstrated towards certain groups is more blameworthy because it undermines the equality enterprise. From an actus reus point of view an explanation based on equality is able to show why hatred of specified groups causes a different type of harm to society that that of the underlying offence: the harm is the damage to equality which results from hateful behaviour. In this way, equality as the underlying rationale for hate crimes can serve as a doctrinal justification for the criminalization of hatred. It is able to articulate clearly and
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Legislating against hatred:  the Law Commission’s Report on hate crime

Legislating against hatred: the Law Commission’s Report on hate crime

A final matter of concern is that the report has not discussed how inclusion on the PNC will affect the aggravated offences. This is another example of the report focussing on the different pieces of legislation separately rather than treating them as an interconnected corpus of hate crime law. The report suggests that the recommendation regarding the PNC should be implemented whether or not the aggravated offences are extended. 41 However, part of the rationale for including aggravation on the PNC was to strengthen the CJA powers in order to make them an effective alternative to the CDA offences. If this is the case, then it does not make sense to consider the PNC recommendation in isolation from the discussion on the aggravated offences as the two are obviously linked. This becomes obvious when we consider what would happen if both the PNC recommendation were implemented and the aggravated offences were extended (both would be possible under the Law Commission’s proposals). If this were to take place, this would effectively render the CDA provisions obsolete, as there would be very little motivation for the prosecution to charge the aggravated offences as the CJA powers would allow for virtually the same result, but without the need to prove the aggravation during a trial. The only circumstances under which the prosecution might prefer the CDA charge is where a higher maximum sentence is sought, but as they Law Commission points out, in practice it is very rare for sentencing judges to impose sentences for the aggravated offences that go above the maximum for the basic offence. 42 This observation is of significance as it further demonstrates the importance of considering any reform of the CDA and CJA together and not in isolation from each other. The Law Commission’s central recommendation is that the CDA provisions undergo a thorough review, however, it is suggested that this review should also be extended to the CJA in order to ensure that an integrated approach is taken in any proposed reforms to either area of the law.
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Hate crime and the “justice gap”: the case for law reform

Hate crime and the “justice gap”: the case for law reform

By creating parity of protection, new hate crime laws could serve a strong symbolic function, not only expressing that all hate crimes will be treated seriously by the CJS, but that all strands of hostility are equally morally reprehensible. The criminal law plays a fundamental role in furnishing the boundaries of (un)acceptable conduct. The additional criminalisation of certain identity-based hostilities is a form of social control that simultaneously supports positive norms (i,e. the acceptance of ‘difference’) while condemning the proscribed harmful conduct (i.e. demonstrations of prejudice). Prosecutions and successful convictions send a public declaration that the criminal law has been breached, which in turn communicates to the public about what is required of them as law-abiding citizens. The application of hate crime law may therefore serve as a form of educative deterrence, as its application repeatedly conveys to the public a message regarding the social unacceptability of prejudice-based offending. 50
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Let’s stop disability hate crime

Let’s stop disability hate crime

This is always the hard part about disability hate crime. If you do not tell someone what happened it may never be dealt with. But if you do tell someone what happened the person who carried out the crime may keep doing bad things or sometimes worse things.

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Transphobic Hate Crime in the European Union

Transphobic Hate Crime in the European Union

trans respondents. Subjects covered included age, living arrangements, occupation, savings, marital status, when they transitioned, disability, employment, earnings, whether they were living full-time in their acquired gender, and what documentation had been changed. Other questions covered all aspects of life including experiences at work, school, college and university, neighbourhoods and public spaces, using toilets and leisure facilities and the criminal justice system. Therefore, the original survey was not focussing on hate crime alone and may not have disproportionately drawn only those respondents who had experienced hate crime. Rather, it was a broad survey about many aspects of trans people’s lives in the EU with a small section regarding experiences in public spaces – and this is where the data from this report is drawn (see Appendix 1). The survey was translated into Danish, Swedish, Maltese, Polish, Russian, German, Greek, French, Dutch, Spanish, Finnish, Italian and
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Homophobic hate crime The Gay British Crime Survey 2008

Homophobic hate crime The Gay British Crime Survey 2008

Three in five lesbian and gay people have experienced a crime or incident in the last three years. These crimes are not necessarily homophobic hate crimes or incidents, but general crimes which range from insults and harassment to serious physical and sexual assaults. One third of lesbian and gay people have been insulted or harassed in the last three years, one in eight have been threatened with violence, one in twelve have been physically assaulted and one in sixteen have experienced unwanted sexual contact. Black and minority ethnic lesbian and gay people are three and a half times more likely than white people
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WHAT IS HOMOPHOBIC HATE CRIME (or incidents)?

WHAT IS HOMOPHOBIC HATE CRIME (or incidents)?

There may be a fear of reprisals or things getting worse if it is reported and the intervention is inappropriate. A key issue to consider is the need for confidentiality. A victim or witness of homophobic hate crime may or may not be from the LGBT community. Others will be ‘out’ to their trusted associates but may not be to family, wider friends or even colleagues. In either case homophobic hate crime is unacceptable. Due consideration needs to be given as to whether this is even important to establish whether or not he victim or witness is LGBT. Care should always be taken that victims and witnesses are not inadvertently ‘outed’ or labelled by insensitive handling. Access to case data should be carefully thought through so it is not misappropriated or misused.
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The Negative Ramifications of Hate Crime Legislation: It’s Time to Reevaluate Whether Hate Crime Laws are Beneficial to Society

The Negative Ramifications of Hate Crime Legislation: It’s Time to Reevaluate Whether Hate Crime Laws are Beneficial to Society

[T]he simple framework of ‘hate’ to describe and punish violence is completely inadequate to address the deeper divisions and schisms in our culture that are the root of the problem. Arresting people, often young people, and placing them, for long periods of time, in prisons that make no attempt at rehabilitation and will undoubtedly subject them to the endemic violence of prisons, are part of the problem, not the solution . . . [T]he only way we, as a country and a political system, can move beyond a culture of violence is to work from the bottom up, not the top down. We need to address violence and hatred on the most basic interpersonal levels and at the level of small communities. Working within communities, schools, neighborhoods and organizations to examine the racial, economic and psychological reasons that are often underpinning these crimes will move us beyond the simplistic rhetoric of an ambiguously defined “hate.” This may seem utopian, but community- based groups such as INCITE! Women of Color Against Violence and FIERCE, a New York City group comprised of young people of color, are doing this work already. Hate crime laws do none of this. 157
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A proposed typology of online hate crime

A proposed typology of online hate crime

Users engaging in hate on the Internet could engage with the online world in several ways. Firstly, they may progress through the stages of this typology as their prejudices become more pronounced. Internet users may start out as Browsers and only view online content. However, as their prejudices develop by what they view, they may move on to become Commentators, Activists, or even Leaders, as they increasingly identify with an extremist ideology, and disengage from the moral significance of acting nega- tively towards a stigmatized group (Bandura, 1999), or come to believe that extreme negativity towards that group is the morally right belief (Haslam & Reicher, 2005). This gradual change would incrementally strengthen a sense of belonging to the in-group (Tajfel & Turner, 1986; Turner, Hogg, Oakes, Reicher, Wetherell, 1987), clearly favoring that in-group and seeking its glorification, in part through denigration of an out-group (Tajfel & Turner, 1986). Viewing hate online would allow individuals to re-interpret their perception of violent acts toward a stigmatized group; minimize and misconstrue nega- tive effects of actions on victims; and eventually devalue, delegitimize, and dehumanize the victims (Bandura, 1999). An individual could engage with these processes exclu- sively online (Browsers, Commentators) or through a combination of online and offline activities (Activists, Leaders). Alternatively, it would also be possible for individuals with pre-existing beliefs developed offline, to access the Internet and express their extremist views immediately. Lastly, we note that people’s life circumstances and the context in which they find themselves will also change; it is possible that external influences will mean that they lower their level of involvement or potentially even change their atti- tudes. There is nothing to say that moves through this typology are inevitable, inexora- ble, nor even linear.
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Hate crime victimization in Wales: psychological and physical impacts across seven hate crime victim types

Hate crime victimization in Wales: psychological and physical impacts across seven hate crime victim types

et al. 2011 ; Nemoto et al. 2011 ; Jauk 2013 ), Canada ( Namaste 2000 ) and Australia ( Moran and Sharpe 2004 ) is replicated within the United Kingdom for the first time. The crime, perpetrator, victim and criminal justice sub-model analysis revealed the integral role key significant predictors play as indicators of risk of suffering deleterious psychological and physical impacts, and in turn, the necessity of incorporating such predictors into opera- tional risk assessment tools and regional and national policy frameworks that can be used to respond to hate crimes and help to protect victims from repeat-targeted victimi- zation. The paper also brings to the fore the methodological challenge of capturing the full gamut of hate crime and incident impacts, especially in the case of transgender vic- tims, and therefore the need to construct mixed-method research designs that facilitate the potential to capture the complex and nuanced nature of hate crime impact. While it is clear from our quantitative and qualitative data that transgender victims suffered the impacts of hate most, we must acknowledge that some experiences we as analysts would attribute to these victims may have been recorded under the gender or sexual orientation categories in the survey. Interrogating the subtle and subjective differences between victim statuses is complex. ‘Knowing’ what aspect of ones identity was ‘read’ and targeted is never clear, and these debates are rehearsed in court rooms by barristers defending those accused of hate crime perpetration on a weekly basis. It is therefore no surprise that this difficulty is transferred to the recording of hate crimes, both in polic- ing and in research. In light of our experience, we recommend that the question word- ing in relation to transgender, gender and sexual orientation hate crimes in the CSEW is evaluated, especially since transgender status was included for the first time in 2011/12, and that the recording of these hate crimes by police is reviewed.
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Hate Crime A follow-up inspection of the management of hate crime by the criminal justice system in Northern Ireland

Hate Crime A follow-up inspection of the management of hate crime by the criminal justice system in Northern Ireland

Despite good progress being made in terms of political consensus in tackling racism, in practice the drive from the centre to implement the Racial Equality Strategy had been stayed, pending agreement on a replacement for the Shared Future Policy. Following on from the Hillsborough Agreement in January 2010, the OFMDFM announced consultation on the policy paper Cohesion, Sharing and Integration. The total numbers of recorded hate crimes has remained steady, and continues to represent less than 2% (approx 2,000 crimes) of all recorded crime in Northern Ireland (approximately 100,000 crimes). It is widely recognised that hate crime is under-reported throughout the United Kingdom (UK) and consideration is being given to the establishment of a national reporting service in response to this problem. In the past 10 years there has been a substantial increase in the numbers of migrant workers coming to Northern
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The Social Construction of a Hate Crime Epidemic

The Social Construction of a Hate Crime Epidemic

There is widespread agreement among feminists that these crimes against women are motivated by hatred [of women].' 7 Similarly, a Scholastic Update article titled "War on Women" explains[r]

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Leaflet about Disability Hate Crime

Leaflet about Disability Hate Crime

Leaflet about Disability Hate Crime This leaflet tells you what the Crown Prosecution Service CPS is doing to prosecute people who commit hate crimes against disabled people... It tells [r]

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Prosecution Hate Crime Policy and Practice

Prosecution Hate Crime Policy and Practice

• To give a brief summary of the CPS policies for the prosecution of homophobic and transphobic crime hate crime, racist and religiously aggravated crime, disability hate crime and crimes against older people. • Provide an overview of the prosecution trends for

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Jihadi attacks, media, and local hate crime

Jihadi attacks, media, and local hate crime

The role of the media is explored. Daily data reveals real-time media to be a causal mechanism underpinning the surge in local hate crimes and incidents that occur following an attack. A peak in hate crime sometimes occurs on the second and third day following the attack, which provides support that Islamophobia is not only an immediate response to the attack, but is additionally incited by the information on perpetrators and victims presented by the media over the days following the attack. Therefore, the paper concludes that Muslim populations face a media magnified likelihood of hate crime victimization even when they reside in places far away from where jihadi terror attacks take place. This matters for community cohesion in places affected by discriminatory hate crime and, from both a policy and research perspective, means that the process of media magnification of hate crime needs to be better understood.
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Theorising homophobic hate crime in Northern Ireland

Theorising homophobic hate crime in Northern Ireland

This paper addresses these issues through a culturally relative theorising of homophobia and violence in Northern Ireland. In particular, the cultural analysis investigates the role played by the political conflict, whilst a political examination assesses the impact of MLAs public comments against homosexuality and homosexuals. The paper begins with an overview of attitudes towards lesbians and gay men in Northern Ireland and why it was labelled the hate crime capital of Europe. Theorising homophobic violence along two culturally relative frameworks illustrates the subtleties which set Northern Ireland apart from the rest of the United Kingdom. One such framework is the argument that ideologies of violence may be different in Northern Ireland due to the three decades of violent political conflict which dominated the latter part of the twentieth century. An alternative, but related, framework examines the dominance of Biblical literalism and Religious Right ideologies in political discourses denigrating homosexuality. This Biblical shield has thus far protected Stormont Assembly members from being officially reprimanded or legally prosecuted, despite potentially inflaming hate. As if to emphasis this difference, similar events in Great Britain have not been met with such leniency. Finally, the paper concludes by outlining the danger of allowing minority opposition to falsely account for popular opinion in a potentially volatile society.
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A Feminist Theoretical Exploration of Misogyny and Hate Crime

A Feminist Theoretical Exploration of Misogyny and Hate Crime

The development of hate crime policy in the global north has been significantly shaped to redress the historic persecution of minoritized groups (Jenness & Grattet, 2001). All of the victim groups within hate crime provisions share a long history of violence, subjugation and discrimination both in public life and at the hands of the criminal justice system. Yet within this has been relatively little connection made with the experiences of women in conflict zones and the way that hate crimes against them have operated as a form of ethnic cleansing. During the Balkan conflict it is estimated that up to 50,000 women and girls were raped as part of a strategy of ethnic cleansing. They were brutalised, raped with objects, burned, forced to have abortions and watch female family members be violated. The extreme misogyny towards women during the Srebrenica massacre demonstrates how gender is a central feature in the genocides experienced by women across the world (Remembering Srebrenica, 2017). Hateful atrocities against women during the Rwandan genocide, in Vietnam, during WW2 and currently towards the Yazidi women in ISIS areas have often been described as “weapons” of war and subsumed within the broader remit of “crimes against humanity”. Some feminist scholars argue that this is problematic because it takes the focus away from women as individual victims and an understanding of the intersectional interplay between them as ethnic minorities and as women (Henry, 2014). Henry points out that to overly focus on rape in conflict is to overlook other forms of victimisation that impacted on men and women as minorities. In this sense, it is problematic to assume that the experience of women in war is only about their gender as in reality it is often much more complicated than that (Grewal, 2010).
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Analysis of Factors Related to Hate Crime and Terrorism

Analysis of Factors Related to Hate Crime and Terrorism

The FBI provides summary statistics for each year on its website, yet our inquiry required more finely grained temporal units than annual estimates. Accordingly, we retrieved the raw data from the Inter- University Consortium for Political and Social Research (ICPSR). These incident-level hate crime files include the date and place of the incident, which allowed us to aggregate the data to both the county and national levels. These data also enabled us to examine hate crimes over time (e.g., on a daily or weekly basis). Using combinations of date and place information, the hate crime data were then merged with data from the Global Terrorism Database (GTD) on terrorist attacks taking place on U.S. soil. According to GTD, a terrorist attack must be an intentional act or threat of violence whose perpetrators are sub- national actors. Additionally, two of the following three criteria must be met: there must be a political, economic, religious or social goal, the perpetrators must be trying to coerce or intimidate a group larger than the immediate victims of the attack, and the event must not be an act of legitimate warfare (GTD). This merger resulted in two files. The first included data on terrorism and hate crime at the national level organized by day, which enabled us to assess the temporal order of hate crime and terrorism. Second, we constructed a dataset that included information on hate crimes and terrorism by county and by year. This enabled us to examine whether there were associations between hate crime and terrorism at the county level.
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Sharing achievements in tackling disability hate crime

Sharing achievements in tackling disability hate crime

Many services have a dedicated ‘Stand by me’ page on their website to publicise the work they are doing to tackle disability hate crime. This helps to make that work visible and gives confidence to people who may be hesitant to report a crime in the assumption that nothing will be done. These websites are most effective when they include Easy Read material, making them more accessible for a greater number of people. The majority of police services are also moving to display the police promise in public areas of each of their police stations with a similar effect.
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