scholarly journals Neglect, Marginalization, and Abuse: Hate Crime Legislation and Practice in the Labyrinth of Identity Politics, Minority Protection, and Penal Populism

2020 ◽  
pp. 1-19 ◽  
Author(s):  
Andras L. Pap
Keyword(s):  
Identity Politics ◽  
Hate Crime ◽  
Hate Crimes ◽  
Practical Application ◽  
Minority Communities ◽  
Minority Protection ◽  
Protection Mechanism ◽  
Hate Crime Legislation ◽  
Crime Legislation

Abstract Using Hungary as a case study and focusing on legislative policies and the practical application of hate crime legislation, this article shows the various ways legal policy can become misguided in the labyrinth of identity politics, minority protection, and penal populism. The first mistake states can make, the author argues, is not to adopt hate crime legislation. The second error arguably pertains to conceptualizing hate crimes as an identity protection but not a minority-protection mechanism and instrument. The third fallacy the author identifies concerns legislative and practical policies that conceptualize victims based on self-identification and not on the perpetrator’s (or the wider community’s) potential perception and classification. The fourth flaw concerns the abuse of the concept of hate crime when it is applied in interethnic conflicts wherein members of minority communities are perpetrators and the victims are members of the majority communities. The fifth is institutional discrimination through the systematic underpolicing of hate crimes.

The influence of the ‘gay-propaganda’ law on violence against LGBTIQ people in Russia: Evidence from criminal court rulings

2019 ◽  
pp. 147737081988751
Author(s):  
Alexander Kondakov
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
Original Method ◽  
Criminal Court ◽  
Court Decisions ◽  
Actual Number ◽  
Hate Crime Legislation ◽  
Before And After ◽  
Crime Legislation ◽  
Descriptive Statistical Analysis

This article presents the results of a study of the victimization of queer people in Russia before and after the ‘gay-propaganda’ bill was signed into law in 2013. Despite the development of hate crime legislation, few violent incidents against LGBTIQ (lesbian, gay, bisexual, transgender, intersex, and questioning) individuals are recorded in the Russian legal system. An original method of court rulings analysis is put forward in order to move towards an actual number of criminal offences against these groups. All court decisions that mention non-heterosexual victims are reviewed to identify whether these cases could have been considered hate crimes. As a result, 267 first-instance criminal court rulings dealing with 297 LGBTIQ victims are identified in 2011–16. Descriptive statistical analysis demonstrates that the number of victims grew substantially after 2013.

Terrorism and Hate Crime

Criminology ◽  
2017 ◽  
Author(s):  
Colleen E. Mills ◽  
Joshua Freilich ◽  
Steven Chermak
Keyword(s):  
Civil Rights ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Late 20Th Century ◽  
Modern Times ◽  
Hate Crime Legislation ◽  
History Of ◽  
Crime Legislation ◽  
Political Objective

This article focuses on political crimes, specifically terrorism and hate crime. Both terrorism and hate crime are criminal activities that are often committed to further a political objective, as opposed to typical or regular crimes that are usually committed for personal reasons such as greed, revenge, or other personal motivations. Political motivations encompass ideological, social, and religious objectives. Several works (e.g., Bruce Hoffman’s Inside Terrorism; see Hoffman 2006, cited under Defining Terrorism and Hate Crime) examine the evolution of terrorism from ancient to modern times. While bias-motivated violence and hate crimes are just as old as terrorism, the United States did not formally adopt hate crime legislation, through the passage of a variety of substantive penalty enhancement and data collection laws, until the late 20th century. Making Hate a Crime (Jenness and Grattet 2004, cited under Defining Terrorism and Hate Crime) explores the history of hate crime legislation, highlighting how various civil rights and victims’ rights movements played a role in the passage of hate crime legislation. In the classic text Hate Crimes Revisited, Jack Levin and Jack McDevitt outline the history of hate crimes, explain why some persons are motivated to commit these crimes, and discuss efforts to combat them (Levin and McDevitt 2002, cited under Defining Terrorism and Hate Crime).

The Specters of Citizenship

2017 ◽  
Author(s):  
Amy L. Brandzel
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
State Violence ◽  
The State ◽  
Police Brutality ◽  
Structural Level ◽  
Hate Crime Legislation ◽  
The Social ◽  
Crime Legislation ◽  
Social Level

This chapter examines the violent maintenance of citizenship through the police state, and the uses of hate crime legislation to both name and disallow any recognition of this violence. The intervention into how we understand citizenship to be violently organized functions at two interconnected levels, that is, at the structural level of state violence, and at the social level of identity categories. At the level of the state, hate crime legislation offers us important information on how the violence of citizenship is managed, controlled, and directed. At the structural level of the state, the chapter adds to left critiques of hate crime legislation by unpacking how these laws are used to create a dangerous discontinuum, in which hate crimes are marked as individualized errors, while police brutality is systemically assuaged. By examining the machinations of hate crime legislation at these two levels, it is argued that hate crime legislation works, simultaneously, to recognize and deny: (1) the violence of citizenship; and (2) the fear that the oppressed will seek revenge and retaliate for this experience by using violence themselves.

scholarly journals South Africa - a home for all? The need for hate crime legislation

2016 ◽  
Author(s):  
Duncan Breen ◽  
Juan A A Nel
Keyword(s):  
South Africa ◽  
South African ◽  
Hate Crime ◽  
Hate Crimes ◽  
African Government ◽  
Policy Debates ◽  
Hate Crime Legislation ◽  
Repeated Calls ◽  
Policy Frameworks ◽  
Crime Legislation

The South African government is currently developing legislation on hate crimes. This follows repeated calls by civil society for an appropriate response to the apparent scourge of hate and bias-motivated crimes that tarnish the image of South Africa as a ‘rainbow nation’. This article is aimed at informing related policy debates and provides discussion of violence targeted at foreign nationals and at those who are (or perceived to be) sexual minorities and/or gender non-conforming. This will give an indication of the trends and challenges that the proposed legislation and policy frameworks will need to address.

Hate as an Aggravating Factor in Sentencing

2012 ◽  
Vol 15 (4) ◽  
pp. 572-611 ◽  
Author(s):  
Mohamad Al-Hakim ◽  
Susan Dimock
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
Hate Crime Legislation ◽  
Theories Of Punishment ◽  
Crime Legislation ◽  
Principle Of Proportionality

Our principal concern in this paper is with the accusation that hate crime legislation violates the principle of proportionality and related principles of just sentencing, such as parity, fair notice, and representative labelling. We argue that most attempts to reconcile enhanced punishment for hate crimes with the principle of proportionality fail. More specifically, it seems that any argument that tries to justify hate crime legislation on the grounds that such crimes are more serious because their consequential harms are worse or their perpetrators are more culpable than their nonhateful counterparts will fail, and thus enhanced punishment will violate the principle of proportionality. Given the seeming irreconcilable tension between proportionality and hate crime legislation, we turn to consideration of hybrid theories of punishment that permit deviations from strict proportionality when needed to serve other important and legitimate purposes of sentencing. We argue that even if such hybrid theories can justify the enhanced punishments for hate crimes, existing theories cannot provide any principled limit on the extent from which proportionality can be deviated. We suggest such a limit and provide a principled justification for it.

scholarly journals Extending Hate Crime Legislation to Include Gender: Explicating an Analogical Method of Advocacy

2005 ◽  
Vol 1 (2) ◽  
pp. 43-64
Author(s):  
Tim J. Berard
Keyword(s):  
Hate Crime ◽  
Social Problems ◽  
Hate Crimes ◽  
Membership Categorization Analysis ◽  
Hate Crime Legislation ◽  
Membership Categorization ◽  
Institutional Treatment ◽  
Disparate Treatment ◽  
Crime Legislation ◽  
Formal Properties

This paper examines expert testimony advocating the inclusion, in proposed hate-crime legislation, of crimes motivated by gender bias. The design and rhetoric of such testimony evidences formal properties. Precisely because these properties are formal properties, not limited to specific cases or issues, their explication will contribute not only to the understanding of hate crimes discourse, but to social problems research and theory more broadly. Arguments for the expansion of rights to previously unprotected categories (1) can be designed with an emphasis on generic or formal principles, which allow for the inclusion of previously unprotected groups whose victimization constitutes additional social problems not yet institutionally recognized. Such arguments (2) can emphasize parallelism between protected categories and unprotected categories, and between recognized social problems and as-yet-unrecognized social problems, making similar institutional treatment seem rational, and making disparate treatment seem unjustifiable or insensitive. And such arguments (3) can propose limits to the desired expansion of rights, as a means of pre-empting “floodgate” arguments against expanding the scope of existing protections. More generally, membership categorization analysis is employed to study social identity and inter-group relations as these are constituted in social problems discourse. Special reference is made in this case to “hate crimes” and how they might be addressed by membership categorization analysis in the context of constructionist social problems analysis and qualitative sociolegal studies.

Formulating the legislative structure of a hate crime

2021 ◽  
Vol 72 (3) ◽  
Author(s):  
Jennifer Schweppe
Keyword(s):  
Northern Ireland ◽  
Hate Crime ◽  
Fundamental Question ◽  
Law Reform ◽  
England And Wales ◽  
Hate Crime Legislation ◽  
Reform Processes ◽  
Crime Legislation ◽  
Legislative Structure ◽  
Statutory Basis

While hate crime legislation is well established in England and Wales, Scotland, and Northern Ireland, Ireland has failed to address the issue of hate crime on a statutory basis. Law reform processes are currently underway across these jurisdictions, and this article seeks to explore a fundamental question in this context, that is, the relative merits of various approaches to structuring hate crime legislation.

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