scholarly journals Anomalies in the application of law related to hate crimes

2021 ◽  
Author(s):  
Erik Uszkiewicz
Keyword(s):  
Law Enforcement ◽  
Literature Review ◽  
International Organizations ◽  
Hate Crime ◽  
Hate Crimes ◽  
Data Sets ◽  
Official Statistics ◽  
Potential Victim ◽  
Application Of Law ◽  
Structural Problems

AbstractThe number of hate crime cases in certain countries that was brought to the authorities' attention and was included in the official statistics of countries and relevant international organizations could be negligibly low. However, alternative databases do not provide such a serene landscape as these data sets aim to provide a more credible picture of the real volume of hate crimes. The results of the victim surveys conducted amongst members of the potential victim groups can be even more shocking. Now it is obvious that only a small number of these crime cases is officially reported and behind the high latency, numerous personal and institutional causes can be identified, most notably in relation to victims and law enforcement authorities. The main objective of this literature review is to present these reasons and barriers that authorities are facing, difficulties of enforcement in individual cases and the significant structural problems in the application of law.

Race, Gender, and Sexual Orientation in Hate Crime Victimization: Identity Politics or Identity Risk?

2006 ◽  
Vol 21 (3) ◽  
pp. 323-337 ◽  
Author(s):  
Edward Dunbar
Keyword(s):  
Sexual Orientation ◽  
Law Enforcement ◽  
Los Angeles ◽  
Identity Politics ◽  
Help Seeking ◽  
Hate Crime ◽  
Hate Crimes ◽  
Gay And Lesbian ◽  
Crime Victimization ◽  
The Impact

This study examined the impact of hate crimes upon gay and lesbian victims, reviewing 1,538 hate crimes committed in Los Angeles County. Differences between sexual orientation and other hate crime categories were considered for offense severity, reportage to law enforcement, and victim impact. The type of offense varied between crimes classified for sexual orientation (n = 551) and other bias-motivated crimes (n = 987). Assault, sexual assault, sexual harassment, and stalking were predictive of sexual orientation hate crimes. Sexual orientation bias crimes evidenced greater severity of violence to the person and impact upon victim level of functioning. More violent forms of aggression were predictive of gay and lesbian victim’s underreportage to law enforcement. For sexual orientation offenses, victim gender and race/ethnicity differences were predictive of the base rates of crime reportage as well. These findings are considered in terms of a group-risk hypothesis, encountered by multiple outgroup persons, that influences help-seeking behavior and ingroup identity.

“We’re Not Where We Should Be”: Enhancing Law Enforcement Responses to Hate Crime

2021 ◽  
Vol 63 (2) ◽  
pp. 68-98
Author(s):  
Barbara Perry ◽  
Kanika Samuels-Wortley
Keyword(s):  
Pilot Study ◽  
Law Enforcement ◽  
Hate Crime ◽  
Hate Crimes ◽  
Three Dimensions ◽  
Southern Ontario ◽  
Police Responses ◽  
Police Forces

In an era when reported hate crimes are increasing dramatically, it is troubling that there appears to be, at best, an uneven response to the problem from law enforcement in Canada. Our pilot study of policing hate crime in Ontario is the first attempt to understand whether and how law enforcement think about and act on hate crime. Interviews with officers in eight police forces across eastern and southern Ontario ( N = 38) uncovered three clusters of factors that appear to shape how they manage hate crime: environmental, organizational, and individual. What we offer in this paper is a series of related recommendations for enhancing police responses to hate crime along each of the three dimensions.

scholarly journals Hate crimes against LGBT in Russia: legal status and research problems

2021 ◽  
pp. 61-78
Author(s):  
Sergei Vasil'evich Katsuba
Keyword(s):  
Law Enforcement ◽  
Hate Crime ◽  
Legal Status ◽  
Statistical Data ◽  
Hate Crimes ◽  
General Tendency ◽  
Research Problems ◽  
Alternative Sources ◽  
Official Data ◽  
Legal Consequences

Hate crime is a prejudice-motivated crime against an unprivileged group. This article provides an overview of hate crimes against LGBT in Russia. Emphasis is placed on several aspects: (1) legal status of hate crimes in Russia, (2) avaliable data sources and statistical analysis of anti-LGBT crimes, (3) number of such crimes and general tendency (4) problems of collection and interpretation of data. To answer these questions, the article employs previous research on the topic, reports of the local and international organizations, and law enforcement practice. Russian courts recognize motive of hate towards LGBT  as a direct “hate motive against a social group” (consisting of two or more people who regularly interact based on mutual expectations and share common identity). However, the judges often avoid the direct application of such norm, replacing the motive of hat3 with the concept of “personal antagonism” or prejudice that affected the motives of the perpetrators. This leads to a misinterpretation of anti-LGBT crime statistics, since “personal antagonism” does not entail legal consequences of hate crimes. Therefore, the absence of the official data on such crimes encourages the researchers to search for the alternative sources of statistical data. For assessing the degree of hate crimes against LGBT in Russia, the author explores various research approaches and reports, which testify to the fact that the number of such crimes has increased since 2013. The author outlines a range of challenges faced by the researchers dealing with this topic, as well as potential vectors for further research.

scholarly journals Hate crimes against LGBT in Russia: legal status and research problems

2021 ◽  
pp. 13-28
Author(s):  
Sergei Vasil'evich Katsuba
Keyword(s):  
Law Enforcement ◽  
Hate Crime ◽  
Legal Status ◽  
Statistical Data ◽  
Hate Crimes ◽  
General Tendency ◽  
Research Problems ◽  
Alternative Sources ◽  
Official Data ◽  
Legal Consequences

Hate crime is a prejudice-motivated crime against an unprivileged group. This article provides an overview of hate crimes against LGBT in Russia. Emphasis is placed on several aspects: (1) legal status of hate crimes in Russia, (2) available data sources and statistical analysis of anti-LGBT crimes, (3) number of such crimes and general tendency (4) problems of collection and interpretation of data. To answer these questions, the article employs previous research on the topic, reports of the local and international organizations, and law enforcement practice. Russian courts recognize motive of hate towards LGBT  as a direct “hate motive against a social group” (consisting of two or more people who regularly interact based on mutual expectations and share common identity). However, the judges often avoid the direct application of such norm, replacing the motive of hat3 with the concept of “personal antagonism” or prejudice that affected the motives of the perpetrators. This leads to a misinterpretation of anti-LGBT crime statistics, since “personal antagonism” does not entail legal consequences of hate crimes. Therefore, the absence of the official data on such crimes encourages the researchers to search for the alternative sources of statistical data. For assessing the degree of hate crimes against LGBT in Russia, the author explores various research approaches and reports, which testify to the fact that the number of such crimes has increased since 2013. The author outlines a range of challenges faced by the researchers dealing with this topic, as well as potential vectors for further research.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

Hate Crime and Place: The Spatial and Temporal Concentration of Bias-Motivated Crime in Washington, D.C.

2021 ◽  
pp. 088626052098781
Author(s):  
Marin R. Wenger ◽  
Brendan Lantz
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
Temporal Perspective ◽  
Spatial Stability ◽  
Units Of Analysis ◽  
Crime Types ◽  
High Degree ◽  
Block Groups ◽  
Street Segments

Prior research suggests that many crime types are spatially concentrated and stable over time. Hate crime, however, is a unique crime type that is etiologically distinct from others. As such, examination of hate crime from a spatial and temporal perspective offers an opportunity to understand hate crime and the spatial concentration of crime more generally. The current study examines the spatial stability of hate crimes reported to the police in Washington, D.C., from 2012 through 2018 using street segments, intersections, and block groups as units of analysis. Findings reveal that hate crime is spatially concentrated, with less than 4% of street segments and intersections experiencing hate crime over the study period. Results reveal a high degree of spatial stability, both year-to-year and over the long term even when restricting the analysis to units that experienced at least one hate crime.

scholarly journals Experiences and factors associated with transphobic hate crimes among transgender women in the San Francisco Bay Area: comparisons across race

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Akua O. Gyamerah ◽  
Glenda Baguso ◽  
Edda Santiago-Rodriguez ◽  
Aria Sa’id ◽  
Sean Arayasirikul ◽  
...  
Keyword(s):  
Gender Identity ◽  
San Francisco ◽  
Hate Crime ◽  
San Francisco Bay Area ◽  
Hate Crimes ◽  
Factors Associated ◽  
Bay Area ◽  
Police Reporting ◽  
Trans Women ◽  
Racial Ethnic

Abstract Background Trans women experience high rates of gender-based violence (GBV)—a risk factor for adverse health outcomes. Transphobic hate crimes are one such form of GBV that affect trans women. However, little is understood about factors that shape transphobic hate crimes and racial/ethnic variation in these experiences. To contextualize GBV risk and police reporting, we examined self-reported types and correlates of transphobic hate crimes by racial/ethnic group of trans women in the San Francisco Bay Area. Methods From 2016 to 2018, trans women participated in a longitudinal cohort study of HIV. Secondary data analyses (N = 629) examined self-reported experiences of transphobic hate crimes (i.e., robbery, physical assault, sexual assault, and battery with weapon) by race/ethnicity, and whether hate crimes were reported to the police. Chi-square tests and simple logistic regression examined demographic, sociocultural, and gender identity factors associated with transphobic violence experiences and police reporting. Results About half (45.8%) of participants reported ever experiencing a transphobic hate crime; only 51.1% of these were reported to the police. Among those who reported a hate crime experience, Black (47.9%) and Latina (49.0%) trans women reported a higher prevalence of battery with a weapon; White (26.7%) and trans women of “other” race/ethnicities (25.0%) reported a higher prevalence of sexual assault (p = 0.001). Having one’s gender questioned, history of sex work, homelessness as a child and adult, and a history incarceration were associated with higher odds of experiencing a transphobic hate crime. Trans women who felt their gender identity questioned had lower odds of reporting a hate crime to the police compared to those did not feel questioned. Conclusions A high proportion of trans women experienced a transphobic hate crime, with significant socio-structural risk factors and racial differences by crime type. However, crimes were underreported to the police. Interventions that address structural factors, especially among trans women of color, can yield violence prevention benefits.

Hate Crimes and Race-Based Trauma on Latinx Populations: A Critical Review of the Current Research

2020 ◽  
pp. 152483802097968
Author(s):  
Sarah Lockwood ◽  
Carlos A. Cuevas
Keyword(s):  
Interpersonal Violence ◽  
Hate Crime ◽  
The United States ◽  
Hate Crimes ◽  
Crime Victimization ◽  
Physical Health Outcomes ◽  
Trauma Responses ◽  
The Impact ◽  
Mental And Physical Health ◽  
Do So

Traditionally, the literature has sought to understand the impact of racial minority status and trauma as it relates to interpersonal violence, domestic violence, and sexual assault. What has not been as extensively reviewed and summarized is how racially or ethnically motivated hate crimes impact the mental health of minorities—particularly Latinx/Hispanic groups. This review aims to summarize the current body of literature on the intersection of race-motivated hate crime and trauma responses within Latinx community. To do so, the theoretical foundation for this inquiry will build from a race-based trauma perspective. Specifically, this review connects existing frameworks for race and trauma and integrates literature that examines Latinx or Hispanic populations that have experienced discrimination, bias, or hate crime as a result of their identity or perceived identity. The importance of situating bias or hate events within the trauma literature stems from a lack of overall formal evaluation of these events, and how these occurrences are historically overlooked as a traumatic stressor. The findings of this review suggest that (1) experiencing racially motivated victimization can cause adverse mental and physical health outcomes in Latinxs and (2) currently, there is only one study that has examined the impact of hate crime on Latinxs in the United States. This leaves the field with unanswered questions about the impact of hate crime victimization among Latinxs, which is an ever-growing area in need of attention.

scholarly journals Racist Victimization, Legal Estrangement and Resentful Reliance on the Police in Sweden

2021 ◽  
pp. 096466392110239
Author(s):  
Kıvanç Atak
Keyword(s):  
Law Enforcement ◽  
Lived Experience ◽  
Hate Crimes ◽  
Racial Minorities ◽  
Critical Race Studies ◽  
Police Response ◽  
Scholarly Literature ◽  
Racial Hatred ◽  
Vicarious Experiences ◽  
Insight Into

Scholarly literature offers much insight into aggressive policing of racial minorities. However, research is not equally extensive regarding the experiences of racial minorities with law enforcement when police response might be decisive for their sense of recognition and protection as a community. Bridging debates from critical race studies, hate crimes and legal cynicism, this paper addresses how policing of racist victimization is experienced by members of racially targeted communities in Sweden. Drawing on interviews with people having personal and/or vicarious experiences with racist victimization, I analyze resentful reliance on the police through the concept of legal estrangement. While most respondents describe police treatment in somewhat positive terms, there is a shared resentment at the police due to the lived experience that racism often remains undetected. Previous interactions with law enforcement also pave the way for accumulated skepticism toward the utility of the policing of racial hatred. Disenchantment with law enforcement notwithstanding, reliance on the police manifests a will not just to be recognized as a victim, but also to make the pervasiveness of racism more visible.

What Is the Relationship between Online Sex Workers and Cybersecurity?

2021 ◽  
Vol 65 (1) ◽  
pp. 762-766
Author(s):  
Stephanie Do ◽  
Dan Nathan-Roberts
Keyword(s):  
Law Enforcement ◽  
Literature Review ◽  
Sex Work ◽  
Sex Workers ◽  
The Internet ◽  
Work Safety ◽  
Labor Practices ◽  
Theory Application ◽  
Use Of The Internet ◽  
The Relationship

Although online sex work has become more accessible to people of all socio-economic statuses, labor practices and work safety have not improved since the widespread use of the internet. One way that we can help empower sex workers is to understand their motivations and experiences when using the internet. In a survey conducted by Sanders et al. (2017), the highest crime that 56.2% sex workers experienced was being threatened or harassed through texts, calls, and emails. Because there is no theory application to date on this marginalized group, three theories were proposed. This literature review highlights the need to explore why sex workers, as end-users, should be included in the user cybersecurity defense conversation, such as the cybercrimes that they face, their relationship with law enforcement, and what other factors affect their safety.

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