Yet, partly due to media framing and the influence of claims-makers, it persists as a prototypical hate crime case. From the time the news first broke in September 2007 through the end of that year, the Charleston Gazette and the Charleston Daily Mail collectively published 161 articles on the case, not to mention the other forms of national and local media (television, radio, weekly newspapers) that covered it. The region was bombarded with story after story questioning the hate crime element of the torture case. In the public eye, it became a hate crime case even though only one person was charged and convicted. The construction of other social problems can be related to this particular case. In examining the construction of child abuse, Johnson (2008) declared that “Eliciting emotion often paves the way for action. Negative emotions may be aroused by detailing the gruesome facts of the injury, or the consequences of the abuse, or even the circumstances surrounding the investigation.” Local media covered those aspects in detail.
Terrorist Attacks and HateCrimes
1993 World Trade Center Bombing
On February 26th, 1993, a car bomb exploded underneath the North Tower of the World Trade Center in an underground parking garage, killing six people and injuring more than 1000 others. The explosion left a 60-foot crater, and caused the collapse of several floors. Smoke and 1 flames filled the area and moved upward through the building. The blast knocked out the main 2 power system which served both towers with electricity, telephones, closed-circuit television monitors and public address system, and damaged the police desk and operation centers. Generators became useless when the lines that carried the water to cool them were destroyed. With all systems down, everyone in the towers were left helpless trying to escape through the dark stairways filled with choking ash and smoke. Around 50,000 people were evacuated from 3 the buildings, many of whom were suffering from smoke inhalation. Within days of this attack, several radical Islamist fundamentalists had been arrested. On March 4th, the FBI arrested 4 Mohammad Salameh as he attempted to claim his $400 deposit from a rented van that was reported stolen the day before the attack. Soon after, three more suspects were in custody and each were tried and convicted. Within the next weeks, the FBI had learned the name of the
In 2004, ABC television’s show 20/20 revisited the Matthew Shepard murder. In this episode, the reporter, disregarding a gag order, interviewed one of the perpetrators of the murder who claimed it was simply a drug-fueled robbery, not a hate crime. The author examines this narrative in light of The Laramie Project, a play about the murder of Matthew Shepard designed to encourage dialogue about public perceptions of homosexuality and violence against sexual minorities. The author concludes that discussing tragic events is occasionally dan- gerous as it allows for heteronormative ideals to defuse the discussion and prevent change, rather than inspire change and prevention.
2.7.1 Officers will be deployed to ALL hate incidents that necessitate a grade 1 or grade 2 response, irrespective of whether the victim cancels police assistance. Prioritising the safety of the victim should always be the main consideration in any grading decision, and the expectation is that most hate incidents will require this level of response. Prior to closure of any hate incident the operator must tag the incident to the Resource Deployment Centre supervisor. In exceptional circumstances, with the agreement of the victim, operators may consider the option to book a scheduled appointment. In these cases the appointment must be booked as soon as possible. The reasons for this decision should be recorded on the incident log and passed to a supervisor to ratify or amend the decision. All decisions should be recorded on the NSPIS log.
police) inform the media via press releases, is important to help mitigate the demobilising effect of media experiences revealed in this study.
The results of supplementary analyses are also of theoretical and practical importance. The SEM revealed that while (direct) experiences of hate crime predict subsequent pro- active, avoidant, and awareness behaviours, behavioural intentions do not always influence later experiences (though avoidance positively predicted media experiences three months later). A pessimistic interpretation of the results could be that any reaction to minimise experiences of hatecrimes is futile – and, in fact, being avoidant may be especially pointless as it was linked to more media experiences. A more optimistic view, however, is that, despite the possibility that pro-active responses, such as joining community groups, could result in greater visibility and therefore more opportunities to be victimised, we did not find this link. Instead, we believe that becoming more involved with LGBT groups and charities helps to mobilise individuals and brings communities together. With strengthened group bonds, LGBT individuals are more able to assert their rights and feel more protected, supported, and less vulnerable.
The picture that emerges from the data in Table 6 is that the two groups are significantly different in several variables that are relevant for explaining the incidence of hatecrimes against religious minorities. Hence, it is important to control these variables: crime incidence, literacy rate. While sample means of the other variables in the middle panel of Table 6 are not significantly different among the two groups, I will follow the existing literature in including them as controls. But data availability forces me to treat some of these variables differently. While data on per capita net state domestic product (PCNSDP) and population are available for all years, I have data on the other three variables listed in the middle panel - urbanization, literacy and share of Muslims - only for Census years. I use their values for 2011, which is the latest Census year for which data is available. I include the log of PCNSDP and population as controls by themselves, but when I include urbanization, literacy and share of Muslims in the regression models, I interact them with the Af ter t dummy variable.
ance and Freedom of Conscience made the following statement after the jury acquittal of four youths in the murder case of Roland Epassak:
In Saint-Petersburg the jury have once again acquitted several accused charged with crimes committed on the grounds of racial and ethnic ani- mosity and hatred. Unfortunately, jurors, i.e. ordinary citizens of the Russian society, failed to find and confirm the guilt of the defendants. This means, that a part of our society is xenophobic and intolerant of rep- resentatives of minorities and foreigners with the dark colour of the skin. . . . Moreover, jurors for good reasons are in fear for their lives and well-being and safety of their relatives. At present time, the government cannot guarantee their safety. The government, and law enforcement agencies in particular, are responsible for ensuring safety and rights of citizens and other residents of our country. Frequent jury acquittals of defendants charged with offences committed on the basis of racial and ethnic animosity and hatred only prove that, this category of criminal cases should be tried only by highly professional judges in order to pre- vent errors. This task should be entrusted to the most qualified and spe- cially trained representatives of the Russian judiciary. 104
2013 Recommendation Recommendation Recommendation Recommendation— — — —Continue/expand local Hate Crime Review Team Continue/expand local Hate Crime Review Team Continue/expand local Hate Crime Review Team Continue/expand local Hate Crime Review Team::::
The local Hate Crime Review Team is effective at allowing for cross system and cross jurisdictional sharing of information regarding hatecrimes and incidents. They have collaboratively identified gaps and
strategies for enhancing our identification and reporting of hatecrimes in our community. The Team would like to expand the membership to include constable offices (particularly those who are providing school- based resource officers) as well as staff from our local county jail, the Texas Department of Criminal Justice and the Federal Bureau of Prisons who may be able to inform more about current trends and conditions related to hate groups in those facilities as well as develop strategies when members of hate groups are being released back into our community.
experiencing no emotional reaction. On this measure then, they were less affected than those victims of parallel crimes who did report having an emotional reaction. Second, the different emotional reactions comprising the list for multiple selection by respondents might be grouped into three separate categories of reaction: externalized reactions, internalized reactions, and a third group which combines both externalized and internalized reactions. Anger and annoyance can be considered to be externalized reactions. Anger is a natural response, a basic human reaction when a person feels wronged, or when they have been threatened or attacked. It can be manifest in feelings of retaliation, rage, revenge and aggression towards the source of the wrong doing (we include annoyance as a similar type of natural response). One quarter of the victims who perceived incidents of crime to be racially motivated who reported having an emotional reaction reported solely such an externalised reaction of anger, or annoyance, or both. By contrast, anxiety and panic attacks, crying and tears, depression, difficulty sleeping, fear, loss of confidence and feelings of vulnerability, and shock, are arguably all symptoms of hurt turned within the person who has been wronged (or internalized) rather than against the wrong doer. Almost one-in-five victims of crimes perceived to have been racially motivated reported such an internalized reaction, almost twice the proportion for victims of otherwise motivated crimes.
Regarding the demographics in panel B, the resident population of counties with and without attacks differs greatly, but only marginally in terms of population density. Counties without any attacks have fewer residents, but a higher density. As mentioned, attacks happen disproportionately often in counties belonging to the former territory of the German Democratic Republic. Among all counties that experienced at least one attack, about one fourth are located in the East (the share of eastern counties among all counties is 18.88 percent). In comparison, of the 118 counties without attack, only 4 (or 3.38 percent) are part of eastern Germany. We also examined the migration patterns of natives within Germany. Counties with and without attacks do not seem to have different residential turnovers in our estimation period. According to Willems, Eckert, W¨ urtz, and Steinmetz ( 1993 ), hate crime perpetrators are predominantly young males with low scholarly achievement. Thus, we report the share of males aged less than 35 years and share of school dropouts. P-values of the tests of equality of means suggest that on average, counties with attacks have more school dropouts, but a lower share of males aged less than 35 years. There is no statistical difference between the affected and non-affected groups of counties in terms of violent crime records. Note that the share of foreign-born crime suspects is considerably higher in counties without attacks.
The original source of the hate crime data was the Federal Bureau of Investigation’s (FBI’s) annual hate crime statistics files. For data collection purposes the FBI defines “a hate crime… [as] a criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender’s bias against a race, religion, disability, sexual orientation, or ethnicity/national origin.” Law enforcement agencies throughout the United States have been asked to submit counts of hate crime incidents in their respective jurisdictions, and to the extent possible, record information on the nature of the offense, the characteristics of the victim (e.g., person, business), offenders (e.g., race, if known), and location, among other data pertinent to the offense under the Hate Crime Statistics Act (HCSA) of 1990. Under-reporting of incidents has been a problem since the onset of the data collection endeavor, particularly in the early years of the reporting program. However, participation by local law enforcement agencies has steadily improved over the life of the program, and if due caution is given to reporting differences across agencies, then the data can be useful for our purposes. As explained below, our analysis takes into account hate crime reporting tendencies in counties. 3
This paper presents partial findings of a PhD thesis investigating experiences of disability hate crime which utilised both constructivist and participatory approaches to research design. A qualitative methodological approach to hate crime enabled greater illumination of the emotional and psychological impact of hate crime (Iganski and Sweiry 2016) and the research framework drew upon elements of participatory research design in that participants were engaged ‘with’ rather than ‘upon’. The focus was one of inclusive research that aimed to address issues that mattered to disabled participants (Nind 2017). A ‘recursive’ dialogue was established with participants, in order to discover and realise their practical, social and cultural needs (Cook and Inglis 2012) and the research proceeded collaboratively, in that participants contributed to the research process. Not only is participatory research with marginalised communities of utmost import, so is the way in which it is conducted, with particular focus upon whether disabled participants are being empowered or further alienated (Nind 2017, Aldridge 2014, Dupont 2008). As such, fundamental issues of empowerment and reciprocity with the research participants were built in through reflexivity and ongoing engagement with participants. Ethical approval was received from the Middlesex University Social Science Ethics Committee.
This study illustrates the complexity of both group identity, as forming part of a “community”, and the differing impacts that ingroup (community) membership can have on emotional and behavioural reactions to incidents of hate. The qualitative data showed that both LGBT and Muslim people are likely to feel an affinity with others who share their identity characteristics. However, the strength of this bond can differ depending on a number of interconnected variables. For instance, we found that Muslim identity was shared to a greater degree than LGBT identity because Muslim people experienced a stronger moral bond that was based on a shared cultural and religious belief system. This was linked to the concept of brotherhood (noted by several of our interviewees), or “ummah”, which means “community of believers” (Zempi, 2016: 121). The moral and religious values central to brotherhood were intrinsically linked to the practice of Islam, as expressed via frequent attendance at Mosque.
Clearly, for many individuals their group identity is either a central or significant part of who they are. However, it is important to acknowledge that some people form attachments to multiple groups (communities) with some of these identities intersecting. The impacts of intersectionality have been explored in the context of various types of targeted victimization, such as gender and Islam (Zempi, 2016), disability and gender (Balderston, 2013), ethnicity and trans identity (Grant et al., 2011), and LGBT identity and social class (Meyer, 2010). Within this qualitative study, there was some evidence to suggest that holding multiple identities can exacerbate, or at least affect, individual responses to hate crime. Seven interviewees spoke about more than one identity affecting their perceptions of threat of targeted anti-LGBT or Islamophobic victimization. For example, Abi, who identified as queer, stated that they felt more vulnerable to rape than homophobia and therefore avoided places where their body was viewed by others as female, or they would act more “male” in those places to repel unwanted sexual attention. Similarly, for Kylie, their gender identity was much more salient than their sexual orientation as bisexual when considering targeted victimization:
transgender woman who was physically attacked and called a “tranny” by a group of four men. McDonald was coming home from a sewing class at the time of the attack and used scissors from her class to fight off her attackers, stabbing one of the men.
Ross states that crimes against transgender people are often crimes against women. In the community there is a term, “clockable,” which refers to whether or not someone passes. Ross states that she can go to the restroom because of passing privilege. Passing privilege is survival. Ross explains that the moment people find out that you are not what they think you are your life is in danger.
Trans people’s common experiences of hate crime, combined with their feelings of social rejection, means that most individuals are implicated in what can been termed an ongoing process of victimization. In addressing this problem, statutory agencies must do more to protect against anti-trans abuse if the state is to play a credible role in supporting the needs of trans communities. Of particular concern then was that within this study, trans peoples’ attitudes toward the criminal justice system were profoundly negative (see similarly, Miles-Johnson, 2015b; Moran & Sharpe, 2004; Williams & Tregidga, 2013). In general, respondents felt that the police are not effective at policing anti-LGBT hate crime, and they are not respectful toward them as victims; this was especially true where individuals had previous contact with the police. Respondents were also less confident in the CPS to prosecute anti-LGBT hatecrimes, though the level of confidence was lower where respondents had not had direct experience with the CPS. Finally, respondents believed the Government should do more to combat anti-LGBT hatecrimes.
The Responsibility to Protect Theory entrenched in human rights protection and the international humanitarian law, and “…the norm squarely embraces the victim’s point of view and interests, rather than questionable State-centred motivations, and it does so by configuring a permanent duty to protect individuals against abusive behaviour. Such duty is a function of sovereignty and should be fulfilled primarily by the State concerned” (Chidambaran, Peiris and Karzai, 2008:447). Stahn (2007:448) said: “The protection duty encompasses a continuum of prevention, reaction, and commitment to rebuild, spanning from early warning, to diplomatic pressure, to coercive measures, to accountability for perpetrators and international aid”. 2.5. The Application of the Responsibility to Protect and Social Identity Theory Social Identity Theory states that the in-group will discriminate against the out-group to boost their self-image (McLeod, 2008). Tajfel’s (1969) argument on cognitive aspects of prejudice verified that in order to build their self-image people improve the status of the group which they belong to. For instance, heterosexual individuals who believe that sexual attraction or sexual behaviour between persons of the opposite sex or gender is the only justified practice therefore believe lesbianism is wrong and not justified. This can increase heterosexual peoples’ image by discriminating and holding prejudiced views against lesbian persons who in this case are the “out-group”, the group that they (heterosexuals) do not belong to. Therefore, they divide the world into “them” and “us” based on a manner of social categorization (Tajfel, Billig, Bundy and Flament, 1971). This also demonstrates that bias between genders or sexual orientations may bring about homophobia and may also result in hatecrimes against lesbian persons.