How Social Movements Matter: Including Sexual Orientation in State-Level Hate Crime Legislation

2015 ◽  
pp. 229-257 ◽  
Author(s):  
Christie L. Parris ◽  
Heather L. Scheuerman
Keyword(s):  
Social Movements ◽  
Sexual Orientation ◽  
Hate Crime ◽  
State Level ◽  
Hate Crime Legislation ◽  
Crime Legislation

How Hate Crime Legislation Shapes Gay and Lesbian Target Groups: An Analysis of Social Construction, Law, and Policy

2016 ◽  
Vol 30 (2) ◽  
pp. 293-315 ◽  
Author(s):  
Jace L. Valcore ◽  
Mary Dodge
Keyword(s):  
Sexual Orientation ◽  
Social Construction ◽  
Hate Crime ◽  
Positive Impact ◽  
Policy Implications ◽  
Positive Development ◽  
Hate Crime Legislation ◽  
The Social ◽  
Crime Legislation ◽  
The Impact

Supporters of hate crime legislation argue the laws are a positive development designed to promote social equality and encourage political participation. Critics claim the laws are patronizing and disempowering. Existing research addresses neither the impact of hate crime laws on designated social groups nor attempts to verify assumptions about legislation and the social and political status of protected minorities. Sexual orientation, one of the most controversial categories, resulted in considerable social and political debate. This research explores the addition of sexual orientation to state hate crime law and how inclusion of this target group affects the social construction of gays and lesbians. Data are drawn from a sample of 12 daily newspapers in six states. Content and time-series analyses were used to explore social construction. The results indicate that inclusion in hate crime protections fails to have a positive impact on the construction of the group, and the discussion offers important policy implications.

scholarly journals The Need for New Tools to Break the Silos: Identity Categories in Hate Speech Legislation

2018 ◽  
Vol 7 (2) ◽  
pp. 75-90
Author(s):  
Jen Neller
Keyword(s):  
United Kingdom ◽  
Sexual Orientation ◽  
Hate Crime ◽  
Hate Speech ◽  
Public Order ◽  
The United Kingdom ◽  
Hate Crime Legislation ◽  
Crime Legislation ◽  
Laws And Policies ◽  
Hate Crime Laws

The implications of specifying certain identity categories have been widely debated in the context of hate crime laws and policies. However, they have been less thoroughly examined in the particular contexts of hate speech. Although the majority of laws regulating speech do not differentiate between identity categories, the ‘stirring up’ offences of the United Kingdom Public Order Act 1986 are stratified along grounds of race, religion and sexual orientation. This article argues that, while the concerns raised about identity categories in relation to hate crime legislation are equally relevant to the stirring up provisions, the proposed solutions cannot automatically be transposed to hate speech offences. Accordingly, this article explores challenges that are encountered in attempts to make hate crime and hate speech legislation more inclusive before advancing some tentative suggestions for how hate speech laws might move beyond identity silos.

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.

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).

Conceptualising ‘racism’ in criminal law

Legal Studies ◽  
2013 ◽  
Vol 33 (2) ◽  
pp. 215-238 ◽  
Author(s):  
Kay Goodall
Keyword(s):  
Criminal Law ◽  
Hate Crime ◽  
Conceptual Models ◽  
Insufficient Attention ◽  
Lay Perceptions ◽  
Hate Crime Legislation ◽  
Perceptions Of Racism ◽  
Crime Legislation ◽  
Intense Debate

‘Hate’ crime has attracted intense debate, but surprisingly little has been written on how best to draft and interpret hate crime legislation. The dominant conceptual models derive from US scholarship. Although valuable, they pay insufficient attention to principles of criminal law and to how hate crime law is perceived. This paper explores these problems through a discussion of legal approaches to, and lay perceptions of, racism, as embodied in the racially aggravated offence. It proposes a model which offers a more just alternative.

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