Using Civil Law Approaches to Hate Crimes in the United States for Illicit Antiquities and Fine Art Cases

2021 ◽  
pp. 2631309X2110209
Author(s):  
Kate Melody Burmon
Keyword(s):  
United States ◽  
Hate Crime ◽  
Burden Of Proof ◽  
The United States ◽  
Fine Art ◽  
Hate Crimes ◽  
Criminal Court ◽  
Court System ◽  
Criminal Cases ◽  
Hate Groups

The current legal system is not designed to pursue satisfying action in criminal court for hate crimes or fine art crimes. However, the civil court system in the United States might provide a more fruitful avenue in combatting these crimes. The burden of proof is lessened to preponderance of evidence. Compensatory and punitive damages awarded in civil cases against hate groups appear to create a more significant financial impact than reparations in criminal cases. Known forprofit entities engage in both of these types of crimes. Due to the limitations of criminal legal solutions in the United States, pursuing a civil legal approach might prove more effective in combatting cases involving hate crime as well as illicit antiquities and fine art.

Explaining Ethnoreligious Minority Targeting: Variation in U.S. Anti-Semitic Incidents

2020 ◽  
Vol 18 (3) ◽  
pp. 770-787
Author(s):  
Ayal Feinberg
Keyword(s):  
United States ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Target Group ◽  
Military Operations ◽  
Hate Groups ◽  
Theoretical Concepts ◽  
The Right ◽  
Group Concentration

Over the last two decades alone, the United States has suffered well over ten thousand religion-motivated hate crimes. While racism and religion-motivated prejudice have received considerable attention following the “Unite the Right” rally in Charlottesville that resulted in deadly violence, there is little systematic scholarship evaluating where and when incidents targeting ethnoreligious minorities by non-state actors are likely to occur. Utilizing the FBI’s reported anti-Semitic hate crime data from 2001–2014, my main theoretical and empirical exercise is to determine which factors best explain where and when American ethnoreligious groups are likely to be targeted. I propose that there are four essential mechanisms necessary to explain variation in minority targeting: “opportunity” (target group concentration), “distinguishability” (target group visibility), “stimuli” (events increasing target group salience) and “organization” (hate group quantity). My models show that variables falling within each of these theoretical concepts significantly explain variation in anti-Semitic incidents in the United States. Of particular importance for scholars and practitioners alike, Israeli military operations and the number of active hate groups within a state play a major role in explaining anti-Semitic incident variation.

A Geographical Analysis of Socioeconomic and Ideological Drivers of Hate Crime in the United States

2021 ◽  
Vol 12 (2) ◽  
pp. 39-56
Author(s):  
Richard M. Medina ◽  
Emily A. Nicolosi ◽  
Simon Brewer ◽  
Erin Moore
Keyword(s):  
United States ◽  
Spatial Statistics ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Exploratory Research ◽  
Hate Groups ◽  
Geographical Patterns ◽  
Geographic Patterns ◽  
Unites States

Criminal activities motivated by hate are the most extreme form of bias against people. While hating a class of people and organizing in hate groups to express feelings against those people are not illegal, hate crimes, violent and non-violent, are illegal. However, there remains much to be learned about geographic patterns of hate crimes and facilitating environments. This exploratory research examines hate crime occurrences aggregated to counties in the conterminous United States and attempts to explain resulting patterns using socioeconomic and ideological correlates with traditional and spatial statistics. Geographical patterns of hate crimes in the Unites States are found to be a complicated phenomenon.

Developmentally and Trauma-Sensitive Courtrooms

2016 ◽  
Vol 59 (6) ◽  
pp. 779-795 ◽  
Author(s):  
David A. Crenshaw ◽  
Lori Stella ◽  
Ellen O’Neill-Stephens ◽  
Celeste Walsen
Keyword(s):  
United States ◽  
Developed Countries ◽  
The United States ◽  
Criminal Court ◽  
Child Witnesses ◽  
Family Court ◽  
Humanistic Psychology ◽  
Child Victims ◽  
Court System ◽  
Criminal Trials

Courtrooms in the United States whether family court or criminal court fall far short of being either developmentally or trauma sensitive. While there is growing recognition that vulnerable child witnesses are at risk of retraumatization by court procedures and some judges have used their discretionary powers to render courtrooms less toxic to children, the system was designed by adults for adults, and certainly not for children. The court process especially in criminal trials does not typically take into account the developmental constraints of children nor do they fully understand trauma in children and the risks to testifying child witnesses. Humanistic psychology has long stood for social justice and compassion toward our most vulnerable humans, especially children, but the long and slow-to-change traditions of the court system in the United States creates an environment that is inhospitable to children and even older victims as illustrated by the low rate of prosecutions in rape cases. This article outlines the distressing conditions that await child victims/witnesses in this country in comparison with other developed countries and an innovative, out-of-the box solution that does not interfere with the rights of the accused.

Reporting Racist Hate Crime Victimization to the Police in the United States and the United Kingdom: A Cross-National Comparison

2020 ◽  
Vol 60 (4) ◽  
pp. 1034-1055
Author(s):  
Wesley Myers ◽  
Brendan Lantz
Keyword(s):  
United States ◽  
United Kingdom ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Crime Victimization ◽  
The United Kingdom ◽  
Victim Reporting ◽  
National Comparison ◽  
Using Data

Abstract Hate is a global phenomenon as evidenced by recent increases in hate crimes in both the United States and the United Kingdom; unfortunately, these crimes are also substantially underreported in both nations. Following this, this research presents an examination of racially motivated hate crimes and victim reporting to the police in both nations using data from the National Crime Victimization Survey and the Crime Survey of England and Wales from 2003 to 2015. Results indicate that, overall, victim reporting has been increasing in the United Kingdom and decreasing in the United States. Disaggregating by victim and offender race, however, reveals divergent trends such that anti-black hate crime victim reporting is increasing in the United States and decreasing in the United Kingdom. Policy and research implications are discussed.

scholarly journals Is There a Gap in Canada’s Hate Crime Laws? The Identification Of Soft Violence as a Tool for Current Right-Wing Extremist

2019 ◽  
Vol 2 (2) ◽  
pp. 13
Author(s):  
Sarah Meyers
Keyword(s):  
United States ◽  
Public Safety ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
International Community ◽  
Right Wing ◽  
Anti Semitism ◽  
First Time ◽  
Hate Crime Laws

Since the beginning of Donald Trump’s campaign for the United States’ presidency, the international community has arguably seen a significant uptick in hate-motivated right-wing extremist (RWE) violence. While this is not the first time that sentiments such as racism, anti- Semitism, and misogyny have gained widespread popularity, it could be argued that the means through which these ideas are being communicated and the ways in which they are being expressed have transformed. One aspect that has not changed is the presence of hate crime in the locations where RWE actors or sentiments are prevalent. These hate crimes can cause fear in the communities that are being targeted by RWE messengers, thereby disrupting community harmony and public safety as a whole.

Post-Conviction DNA Testing, Actual Innocence, and Cold Cases

2017 ◽  
Author(s):  
Steven W. Becker
Keyword(s):  
United States ◽  
Justice System ◽  
Real Life ◽  
The United States ◽  
The Other ◽  
Court System ◽  
Dna Testing ◽  
Criminal Cases ◽  
State Statutes ◽  
Cold Case

The article addresses the dramatic impact that post-conviction DNA testing has had on the criminal justice system in the United States, not only in effecting the release of innocent prisoners who have been wrongfully convicted but also with respect to the perception of the court system itself in terms of the seeming tension between seeking justice and honoring the finality of judgments. An overview of post-conviction DNA testing statutes in the United States is provided, including a description of the elements generally required to secure such testing, a survey and comparison of various provisions in state statutes, and a brief treatment of innocence projects. The article concludes with a detailed discussion of three DNA cases personally litigated by the author—two criminal cases, one involving a murder and the other a rape, and one forty-year-old cold case—with the purpose of providing real-life guidance from a practitioner’s perspective.

Prosecuting Misdemeanors

2021 ◽  
pp. 512-538
Author(s):  
Jenny Roberts
Keyword(s):  
United States ◽  
Plea Bargaining ◽  
The United States ◽  
Criminal Court ◽  
Discretionary Power ◽  
Criminal Cases ◽  
Prosecutorial Discretion ◽  
A Minor ◽  
Exercise Of Discretion

Although violent crime gets the most media, public, and legislative attention in the United States, misdemeanors make up approximately 75 percent of all criminal court cases, with more than 13 million new misdemeanor cases filed each year. This chapter discusses the role of prosecutors in the misdemeanor system. First, it addresses prosecutorial discretion and mass misdemeanor criminalization. Prosecutors, with near-unfettered discretionary power, are characterized as the most powerful actors in criminal cases. Yet often, prosecutors fail to properly exercise their discretion in low-level cases or are completely absent from the charging and sometimes even the adjudicatory processes. This is particularly problematic in misdemeanor cases, where informed prosecutorial decision-making is critical given the enormous volume of arrests and structural and institutional realities that weaken the role of other lower court actors. Proper exercise of discretion is also critical given well-documented racial disparities in the misdemeanor realm and the need to mitigate the myriad disproportionate effects of the ever-growing number of collateral consequences that flow from even a minor criminal record. Second, the chapter examines the misdemeanor prosecutor’s role at key stages: charging, bail, plea bargaining, sentencing, expungement, and post-conviction innocence claims. The chapter draws on examples of prosecutorial practice as well as theoretical and empirical research about prosecutorial discretion. Some recently elected so-called progressive prosecutors have already implemented significant promised changes. Although implementation of such reforms is nascent, time will tell whether a newly attentive electorate and a fresh prosecutorial approach will begin to roll back the extreme overuse and disproportionate impact of misdemeanor prosecutions in the United States.

Homeland Violence and Diaspora Insecurity: An Analysis of Israel and American Jewry

2019 ◽  
Vol 13 (1) ◽  
pp. 1-27
Author(s):  
Ayal K. Feinberg
Keyword(s):  
United States ◽  
Fixed Effects ◽  
Hate Crime ◽  
Negative Binomial ◽  
Negative Binomial Regression ◽  
The United States ◽  
Hate Crimes ◽  
Federal Bureau Of Investigation ◽  
American Jewry ◽  
Binomial Regression

AbstractJews and Jewish institutions have suffered the majority of reported religion-motivated hate crimes in the United States for nearly two decades. According to the Federal Bureau of Investigation (FBI), in 2014 the 609 reported anti-Semitic incidents made up 59% of all religious bias hate crimes alone. Rates of reported anti-Semitic hate crimes vary considerably over the course of a year. Yet, little scholarly attention has been given to what factors cause reported anti-Semitic hate crimes to fluctuate so substantially in the United States. This paper hypothesizes that violent Israeli military engagements are critical in explaining weekly surges of reported anti-Semitic hate crimes. Utilizing FBI hate crime data from 2001 to 2014 and fixed effects negative binomial regression models, consistent findings underscore that violent Israeli military engagements significantly increase the likelihood of a state reporting anti-Semitic hate crime. Most dramatically, their occurrence increases the likelihood of reported hate crime intimidating individuals or characterized as violent by nearly 35%. This paper underscores that homeland perpetrated violence can directly impact the security of diaspora communities.

scholarly journals The problem of hate crimes in the United States of America

2021 ◽  
Vol 5 (1) ◽  
pp. 1-30
Author(s):  
Ewelina Bachera ◽  
Stephan V. Jupinko
Keyword(s):  
United States ◽  
Sexual Orientation ◽  
United States Of America ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Equal Protection ◽  
Extended Projection ◽  
The Law ◽  
The U.S

The aim of this article is to draw attention to an issue that has a long history: the problem of hate crimes in the United States of America. There is no doubt that hate crimes are the type of crime that attack the very principle of individuality that is an entitlement under the equal protection of the law (in the U.S.). Bearing the foregoing in mind the above, and that the number of such crime has increased at an alarming rate, this article describes and discusses types of hate crimes such as: Racist and Religious Hate Crimes, Sexual Orientation-Based Hate Crimes and Disability Hate Crimes as an extended projection of the analysis, several solutions have been proposed to mitigate tensions and combat the prevalence and severity of hate crime in all its forms.

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