Hate Crime Legislation

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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

future hate crimes. It will also explain the underlying reasons for the enactment of hate crime laws, such as the media’s role and political influences, and it will present several of the misconceptions associated with hate crime legislation. Part III will present the unintended consequences associated with the enactment of hate crime statutes, including constitutional violations. It will also explain why hate crimes are rarely prosecuted, and will focus on the inconsistency, redundancy, and arbitrary usage/application of hate crime legislation. Part III will also present an individual’s response to the negative, unintended effects of hate crime legislation. Part IV will determine that hate crime legislation is not cost-effective. Part V sets forth a recommendation on improving community efforts to educate or reeducate citizens on respecting diversity. Finally, the article analyzes hate crime laws from supporting and opposing viewpoints and concludes that there is no need to separate hate crimes from other types of crimes as a means to promote a more tolerant, equal, and stable society.
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One Scotland: Hate Has No Home Here: Consultation on amending Scottish hate crime legislation: Analysis of responses, June 2019

One Scotland: Hate Has No Home Here: Consultation on amending Scottish hate crime legislation: Analysis of responses, June 2019

respondents who answered ‘unsure’ to Question 9.) Other respondents were concerned that there was a risk of confusion in relation to crimes that appeared to be related to misogyny, but which (in the view of respondents) were not (e.g. female genital mutilation). 6.31 Among individuals who were opposed to a standalone offence of misogynistic harassment, the most common view was that all victims of crime should be treated equally under the law – and, therefore, there should not be additional protection for women. Those who expressed this view often went on to express more general opposition to hate crime legislation, or any criminal legislation based on the personal characteristics of the victim. Some within this group expressed concern that legislation to address misogyny would result in law enforcement resources being ‘diverted from serious criminal activities’. 6.32 Other relatively common reasons given by respondents for opposing a standalone offence of misogynistic harassment were as follows:
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Hate Crime Legislation in Northern Ireland – An Independent Review: Consultation Response

Hate Crime Legislation in Northern Ireland – An Independent Review: Consultation Response

It is essential that gender is added as a protected characteristic in the NI hate crime legislation. This addition would enable the criminal justice system to adequately capture and record crimes committed with prejudice and/or hostility and/or bias towards a person on the ground of their gender. Whilst adding gender would extend to protecting not only women, this addition would particularly enable women to report crimes committed against them because they are women – something that has been omitted from the legislation in England & Wales, Scotland, and Northern Ireland thus far. 1
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Hate Speech on the Internet: Crime or Free Speech?

Hate Speech on the Internet: Crime or Free Speech?

21 One could argue that the posts have different contextual meanings, but regardless of how both posts were communicated, they were still considered threats to his ex-wife, and others affected by his posts. In reference to the Virginia v. Black case, there is a confusing difference between cross-burning seen as an intimidation tactic, which was found not to be in violation of the First Amendment citing intent to threaten was clearly there. When compared to the Elonis v. United States case, in which the First Amendment protected his threatening words because they were not deemed “true threats,” it noticeable that the polarity in both cases verify the need for a unified law to clarify the difference between protected and unprotected speech. Although there is a distinction between symbolic speech, plus conduct and online hate speech, this is even more of a reason for Courts to consider the inconsistencies in regulations of speech. According to Sherry F. Colb, a Justia (a website that provides free case law, codes, regulations and legal information for lawyers, business, students and consumers world wide) columnist, and Professor of Law and Charles Evans Hughes Scholar at Cornell University;
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Theorising homophobic hate crime in Northern Ireland

Theorising homophobic hate crime in Northern Ireland

e in hate crimes and the rising levels of violence led to Northern )reland being defined as the hate crime capital of Europe. Keeping this in mind, some analyses of homophobia in Northern )reland have situated such prejudice within the wider socio‐ political environment. In particular these analyses have focused on the political conflict and the resultant effect on violent attitudes to visible minorities in general. At a time when many communities were divided along prominent and enforced sectarian lines, lesbian and gay communities were an area where sectarian divisions did not visibly emerge. However, that is not to say that lesbian and gay communities were not affected by sectarianism. Whilst the previous decade of peace has opened up physical and discursive spaces for sexual minorities, this visibility appears to have come at a price. As well as increasing the number of reports of homophobically motivated crimes,there also appears to be a legitimacy afforded to the targeting of certain minority groups by powerful sections of society.
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Report it Hate Crime and Incident Reporting Form

Report it Hate Crime and Incident Reporting Form

Supporters • Send the form to the police only if the person you are supporting as victim or witness has said they want the police informed and they have filled in the Contact me page • I[r]

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Sharing achievements in tackling disability hate crime

Sharing achievements in tackling disability hate crime

Local coalitions and partnerships have formed in several areas. In one police service area this has brought together several local authorities. In another, local Mencap groups have worked with police to organise hate crime conferences that have raised awareness of the issues and brought together many of the local agencies as well as disabled people. Similar strategic partnerships in other areas are also ensuring that diverse groups are able to face the challenges together in a joined up and consistent way.

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Homophobic hate crime The Gay British Crime Survey 2008

Homophobic hate crime The Gay British Crime Survey 2008

Section 46 of the Youth and Criminal Evidence Act 1999 allows an application to be made, including by the CPS, for restrictions on the reporting of certain details of witnesses in the media that may lead to their identification. A section 46 direction can cover revealing the sexual orientation of the witness and can therefore provide a very important protection for people who are concerned about being outed in the media because they give evidence in a case involving a homophobic crime.

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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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Hate crime in Suffolk : understanding prevalence and support needs

Hate crime in Suffolk : understanding prevalence and support needs

context of low levels of reporting of volume crime more generally. It remains the case that much volume crime goes unreported. For instance, the 2010/11 British Crime Survey (BCS) findings suggest that only 38 per cent of volume crime incidents 21 were reported to the police. Conversely, 62 per cent of incidents of comparable crime did not come to their attention. This represents a worsening situation from the previous 2009/10 BCS sweep, where the police came to know about 43 per cent of incidents. However, it should be remembered that these discrepancies may not simply reflect trends in reporting rates, but also police recording practices and variation within the BCS sample (Flately et al 2010:47). What the BCS does consistently show is that the likelihood of reporting a crime varies considerably by the type of offence. Reporting rates were relatively low for crimes such as assault with minor injury or no injury, vandalism and theft from the person with only about a third of incidents being reported to the police, whereas theft of vehicles and incidents of burglary (accruing loss) were most likely to be reported (96 per cent and 82 per cent respectively). In these last cases victims are incentivised to report the incident in order to recover losses through insurance claims (requiring a crime number) which no doubt explains the higher level of reporting.
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Legislation on Crime in Twenty Five Years

Legislation on Crime in Twenty Five Years

First among the classes of statutes exhibiting this trend are those based on critical attitudes toward the various provisions we have been discussing; statutes limiting probation or paro[r]

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Policy for Prosecuting Cases of Homophobic and Transphobic Hate Crime

Policy for Prosecuting Cases of Homophobic and Transphobic Hate Crime

10.9 A Victim Personal Statement is a statement made by a victim of crime explaining the effect that the crime has had on him or her. In the statement, victims can describe how they have been affected by the crime. They can talk about their wishes or needs during the case and any concerns they may have as a result of the offence, for example, about safety, intimidation or bail. They can mention support (or absence of support) for the prosecution and requests for help from any of the support agencies. In this way, the court can better understand not only the crime but also the context in which it occurred. The statement is optional, and the victim should be asked whether or not s/he wishes to make such a statement or if s/he requires help to make a statement from a support worker or family member. This statement can be made at any time and it is possible to make more than one statement.
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Understanding who commits hate crime and why they do it

Understanding who commits hate crime and why they do it

Another significant sociological contribution to the question of why people commit hate crime, is the ‘Defended Community Perspective’ (Suttles 1972). This conceives, particularly racial hate crime, as strategies for defending against threats posed to valued identities and ways of life. This perspective can be conceived as a variant of traditional racial threat, or as Green, Strolovitch and Wong (1998:376) suggest, “a rapprochement between symbolic and realistic perspectives”. This is important because hate crimes symbolically target whole social groups, not just individual victims (Boyd, Berk, and Hamner 1996; Levin and McDevitt 1993). As such, these crimes may have particularly pernicious consequences that reverberate across communities. Such that, even relatively minor acts in terms of criminal law, may disproportionately affect communities exacerbating any existing tensions and increasing the potential for retaliation and escalating violence (Craig 1999). In addition, acts of this kind are likely to be seized upon by extremist groups on all sides as ‘evidence’ of their extreme political stance.
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Hate Crime in Suffolk: Understanding prevalence and support needs

Hate Crime in Suffolk: Understanding prevalence and support needs

The British Crime Survey analysis of Hate Crime provides some intriguing results. The results reported below are based on combining two sweeps of data 2009/10 and 2010/11. It appears that victims of Hate Crime were less likely than victims of BCS overall crime to say that the incident was too trivial to report to the police (55 per cent compared with 73 per cent). Clearly this is an encouraging sign for policy makers who are interested in promoting rates of reporting. Indeed the analysis of the BCS data shows that the police were more likely to come to know about Hate Crime than BCS crime overall; 49 per cent of incidents of Hate Crime came to the attention of the police compared with 39 per cent of incidents of BCS crime overall. That said, non-reporting appears to be heavily influenced by victims either not experiencing the incident as sufficiently serious to report, or believing nothing can be done without providing direct evidential proof irrespective of whether the incident is distressing (Blackburn Racial Equality Council 1997, cited in Chahal and Julienne, 1999).
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JOINT REVIEW OF DISABILITY HATE CRIME FOLLOW-UP

JOINT REVIEW OF DISABILITY HATE CRIME FOLLOW-UP

1 Third party reporting centres were found in five of the six forces inspected (their role was, in most instances, to forward to the police any reports of hate crime including disability hate crime). One hundred and nine third party reporting centres have been established in the Northumbria Police area; these are primarily locations in the community where people with disabilities are likely to visit and therefore staff in these centres are better placed to receive information from victims of hate crime. Inspectors were informed that attempts were made to ensure that they provided an effective service to the public, including ‘mystery shopper’ exercises. An evaluation carried out by a representative from the Police and Crime Commissioner’s office revealed that because many of these centres had a high level of staff turn-over there was a need to refresh training and awareness. The effectiveness of any reporting mechanism has to be kept under continual review so as to ensure the efficient use of resources (paragraph 4.20).
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The Regulation of Cyber Crime in Albania in the Framework of  Harmonization of Internal Legislation with the European Legislation

The Regulation of Cyber Crime in Albania in the Framework of Harmonization of Internal Legislation with the European Legislation

The big social dangerousness of cybercrime and the increase of computer misuse, demand that his problem has to be addressed on certain law provisions. So, new interventions in penal codes are needed, interventions that will deal with this activity. In order to prohibit computer crime, many states are trying to find more efficient tools, methods and acts in this direction. Firstly, it is the juridical-penal regulation that has to be done, seeing the problem as a juridical protection fro the unauthorized interventions in computer systems. There has been discussion among low-making structures, with the approval of laws that has to do with the incrimination of the act of illegal intervention, concerning the moment when that intervention starts to be considered as a penal act. So, different states, see it as a penal act from the moment of the very first unauthorized intervention and some others from the moment that the smallest damage is caused. The aim of this paper is to make an overview of the regulation of cyber crime in Albania in the framework of harmonization of internal legislation with the european legislation. In recent years, Albania has worked for the establishment and implementation of international standards in the fight against organized crime, money laundry and corruption. Enough laws function in the national legislation such as: the law for electronic assignment, classified state information, protection of personal data, electronic communication, communication interception, for books, mail service etc.
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A guide to setting up hate crime scrutiny panels

A guide to setting up hate crime scrutiny panels

coming forward. The increase in race crime handled by the Area is, I am convinced, a consequence of the fact that we are seen by our Black and minority ethnic communities to be totally committed to the effective prosecution of such offences and are prepared to hold ourselves to account for the way in which we act on their behalf. Our lawyers are far more confident about handling hate crime, buoyed by the knowledge that their approach has strong support from informed representatives of the community ”.

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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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DISABILITY HATE CRIME: BRIEFING NOTE FOR FRONTLINE STAFF

DISABILITY HATE CRIME: BRIEFING NOTE FOR FRONTLINE STAFF

The Witness Care Unit (WCU) is run jointly by the police and CPS and will provide core services to all witnesses. The victims of hate crime may be eligible for an enhanced service depending on the circumstances. There may also be specialised services in your areas that the WCU can refer your client on to.

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