10. Unmasking the state: racial/gender terror and hate crimes

2020 ◽  
pp. 229-242
Keyword(s):  
2020 ◽  
Vol 10 ◽  
Author(s):  
Melody Yunzi Li

Anti-Chinese sentiment and sinophobia have arisen as one of the current corona virus’s most serious side effects. These conditions have challenged the Chinese diasporic community’s sense of home. Far from mere diversion in a time of turmoil, Chinese literature has the power to disrupt state narratives and contest polarising claims from politicians. Online literature during the pandemic has not been limited to the Chinese diaspora, and its themes have not been limited to hate crimes. Online literature in the diaspora and in China debunks grand narratives set by the state, and provides a sense of nonphysical homecoming for them. Like these Chinese diasporic writers, we too can find our belonging with each other virtually.


Author(s):  
Tehmina Khan

In this article, a review of Cyber VAWG is provided with its meaning, potential impacts, the state of legislation to address Cyber VAWG, and recommendations to improve processes and systems to tackle Cyber VAWG. A literature review of academic and nonacademic literature has been undertaken. It is found that legislation and enforcement are still in infancy and there are currently complexities and barriers that are discouraging the reporting of Cyber VAWG. The article serves as a starting point for further research which should address the actual implementation of legislative and system changes to avoid and punish (in cases where it does occur) Cyber VAWG.


Author(s):  
Amy L. Brandzel

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.


2018 ◽  
Vol 33 (2) ◽  
pp. 330-350 ◽  
Author(s):  
R. Barry Ruback ◽  
Andrew S. Gladfelter ◽  
Brendan Lantz

Data on the incidence and prevalence of hate crimes in the United States come primarily from the Uniform Crime Reports (UCR). Although UCR data undercount most crimes, hate crimes are particularly underreported, especially for some groups. We compare 2000–2011 UCR data in Pennsylvania to data from a state agency that came from police, media, and citizen reports. First, we find that the state-agency database is generally consistent with the UCR data, in terms of absolute counts, correlations, and predictors. Second, we find that UCR data underestimate hate crime rates by a factor of about 1.6 overall and by a factor of 2.5 for rural areas. Moreover, although UCR data on hate crimes show a decrease in the most recent 5-year period, the state agency data show that hate crime incident counts have not dropped. We suggest that using a broader index that includes both the UCR and a database like that in Pennsylvania will give a more complete picture of hate crime.


Author(s):  
Ēriks Treļs

2019. gada 5. martā Eiropas Komisija pret rasismu un neiecietību (The European Commission against Racism and Intolerance, ECRI) publicēja Piekto ziņojumu par Latviju. Tajā, atsaucoties uz Tiesībsarga biroja un nevalstisko organizāciju sniegto informāciju, norādīts, ka naida kurināšanas upuri bieži vien neinformē policiju par notikušo, jo viņiem nav pārliecības par tiesībaizsardzības iestāžu vēlmi vai spēju efektīvi izmeklēt šos notikumus, tādēļ tiek rekomendēts Valsts policijai izveidot speciālu struktūrvienību darbam ar mazāk aizsargātajām sabiedrības grupām. Iepriekšējā ziņojumā, kas tika publicēts 2012. gada 21. februārī, ECRI norādīja, ka par šāda veida noziegumiem piespriestie sodi (ar dažiem izņēmumiem, kad tika piemēroti sodi, kas saistīti ar brīvības atņemšanu) Latvijā ir pārāk saudzīgi. Rakstā tiek skaidrots, kā šajā jomā mainījusies situācija pēc ECRI Ceturtā ziņojuma publicēšanas. The European Commission against Racism and Intolerance (ECRI) on 5 March 2019 published Report on Latvia (fifth monitoring cycle). Non-governmental organisations, minority representatives and Ombudsman of the Republic of Latvia indicated to ECRI that victims of hate speech do not often report incidents to the police due to lack of trust in the willingness or ability of the law enforcement agencies to investigate these cases effectively. ECRI recommends, as a matter of priority, that the authorities establish a unit within the State Police tasked with reaching out to vulnerable groups in order to increase trust in the police and address the problem of under-reporting of hate crimes. In 2012, the ECRI pointed out that penalties for racist violence (with a few exceptions, the imposition of custodial penalties) in Latvia are too lenient. Therefore, the author offers his vision of the actual situation and how things have changed since the fourth ECRI Report on Latvia.


Author(s):  
Kerry Williams

This article describes some of the shortcomings in the prosecution of a homophobic hate crime as well as a non-governmental organisation’s attempt to influence the sentencing of the perpetrators. The fact that an NGO believed it was necessary to intervene in a criminal case, was allowed to lead evidence, demonstrated the harmful effects of homophobic hate crimes and made arguments that these effects should be used in aggravation of sentence, suggests that NGOs may take on a new proactive roll in the prosecution of crimes involving some forms of prejudice. The NGO was unsuccessful in that the magistrate ultimately passed a lenient sentence, in the form of correctional supervision. The sentence included a condition that the perpetrators participate in ‘awareness programmes of gays and lesbians’, conducted by civil society rather than the state. In so doing, the court missed an opportunity to respect, protect, promote and fulfil the rights of gays and lesbians.


Author(s):  
Necati Polat

The chapter is on some routine issues in Turkey, mostly ignored, if not necessarily exacerbated, by the exceptionally strong AKP administration, with an unusually lengthy mandate. The discussion presents a catalogue of some of the most pressing causes for concern in that regard, detailing, where available, the government initiatives and actions in respective areas: femicide, violence against LGBTI individuals, especially transgender women, hate crimes, the ordeal of sex workers, prisoners denied a right to release on health grounds, the astonishing toll of workplace mortality, and the defacing of urban space in gargantuan proportions through a construction craze in the wake of the old regime. Endeavouring to make sense of the highly disputed function of urban construction works for the government, the chapter also includes an evaluation of the state of the economy, which appeared to have failed to modify the economy structurally, relying merely on various palliative and crisis-ridden schemes.


Temida ◽  
2014 ◽  
Vol 17 (2) ◽  
pp. 3-26
Author(s):  
Mirjana Dokmanovic

The Republic of Serbia has introduced special circumstances for the determination of sentence for hate crime in the Criminal Code amended in December 2012. If a criminal offence is committed through hate based on race or religion, national or ethnic affiliation, sex, sexual orientation or gender identity of another, the court shall consider any aggravating factors except when it is not stipulated as a feature of the criminal offence. However, the State still neglects to consider mitigating factors. Moreover, it does not pay sufficient attention to eliminating verbal expressions of hatred and discrimination that often precede crimes motivated by hate. The paper discusses the possibility of improving education and coordinated activities of the State, particularly of courts, prosecutors, police and local self-governments, to combat hate speech and hate crimes. The aim of the paper is to present mechanisms of improving institutional capacities to prevent these phenomena that have been implemented within the project ?Implementation of Anti-Discrimination Policies in Serbia? financed by the European Union. The paper concludes that central to the success of this process are the education of state actors, and the development of a value system based on equality and acceptance of diversity.


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