scholarly journals The chances of restorative justice in hate crime cases

2021 ◽  
Author(s):  
Veronika Szontagh
Keyword(s):  
Restorative Justice ◽  
Hate Crime ◽  
Hate Crimes ◽  
Social Conflicts ◽  
Criminal Proceedings

Abstract This paper discusses whether the methods of restorative justice (RJ), broadly interpreted as alternatives to criminal proceedings and sanctions, are applicable to hate crimes. It builds on the premises that RJ methods are appropriate tools to deal with hate crimes and conflicts that arise from them, as there are social conflicts behind these actions that can be resolved by a sensitive and empathetic approach that focuses on restoration. However, there are dilemmas and factors where caution and an in-depth reflection should be observed to understand how these techniques can work well without further harming either party.

Enhancing Punishment or Repairing Harms? Perceptions of Sentencing Hate Crimes Amongst Members of a Commonly Targeted Victim Group

2020 ◽  
Vol 61 (1) ◽  
pp. 61-84
Author(s):  
Mark A Walters ◽  
Jenny L Paterson ◽  
Rupert Brown
Keyword(s):  
Restorative Justice ◽  
Hate Crime ◽  
Hate Crimes ◽  
Emotional Reactions ◽  
Additional Experiment ◽  
Victim Group ◽  
Crime Perceptions ◽  
Lgbt People ◽  
Levels Of Support

Abstract This article investigates the attitudes and emotional reactions of LGBT+ people to enhanced sentencing (ES) and restorative justice (RJ) interventions for hate crime. When forced to choose between interventions, our survey (N = 589) found a preference for the use of RJ over ES, which was perceived to be better at reducing reoffending and supporting victims. Nevertheless, the study found greater average levels of support for the use of ES for hate crime, which was predicted by previous experiences of hate crime, perceptions of threat and feelings of anger. An additional experiment (N = 120) revealed RJ, in response to a hate crime, elicited less anger and sadness and higher levels of satisfaction compared with an ES intervention.

IMPLEMENTATION OF ELECTRONIC MONITORING OF SENTENCED PERSONS IN THE SLOVAK REPUBLIC

2020 ◽  
Vol 10 (5) ◽  
pp. 59-75
Author(s):  
JAROSLAV KLÁTIK ◽  
◽  
LIBOR KLIMEK
Keyword(s):  
Restorative Justice ◽  
Electronic Monitoring ◽  
Slovak Republic ◽  
Pilot Project ◽  
Legal Regulation ◽  
European Level ◽  
Criminal Proceedings ◽  
Council Of Europe ◽  
Fourth Section ◽  
The Third

The work deals with implementation of electronic monitoring of sentenced persons in the Slovak Republic. It is divided into eight sections. The first section introduces restorative justice as a prerequisite of electronic monitoring in criminal proceedings. While the second section points out at the absence of legal regulation of electronic monitoring of sentenced persons at European level, the third section points out at recommendations of the Council of Europe addressed to European States. The fourth section analyses relevant alternative punishments in Slovak criminal justice. The fifth section introduces early beginnings of implementation of concerned system - the pilot project “Electronic Personnel Monitoring System” of the Ministry of Justice of the Slovak Republic. While the sixth section is focused on Slovak national law regulating electronic monitoring of sentenced persons - the Act No. 78/2015 Coll. on Control of the Enforcement of Certain Decisions by Technical Instruments, the seventh section is focused on further amendments of Slovak national law - namely the Act No. 321/2018 Coll. and the Act No. 214/2019 Coll. The last eight section introduces costs of system implementation and its operation.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

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 Aligning Action Research and Restorative Justice: Highlighting Epistemological Tensions

2019 ◽  
Vol 3 (1) ◽  
pp. 7-29
Author(s):  
Brunilda Pali
Keyword(s):  
Action Research ◽  
Participatory Action Research ◽  
Restorative Justice ◽  
Status Quo ◽  
Social Conflicts ◽  
Participatory Action ◽  
Action Research Project ◽  
Local Participation ◽  
Culture Of Silence ◽  
A Site

The epistemology of participatory action research sets a high agenda for pursuing and engendering change oriented towards social justice. This article is based on a participatory action research project, anchored both in the principles of restorative justice and action research. The project aimed at mobilizing local participation, knowledge and resources and creating restorative dialogue and encounters in handling social conflicts in intercultural settings in four different countries. Restorative justice and action research are highly compatible in terms of some of their core principles, but the project revealed important tensions that this article will reflect upon. Zooming into a town in Hungary – one of the four action research sites – the article addresses these tensions by focusing on two central themes. The first theme, encountering the silence and micropolitics, relates to the challenges created in the site, due to our encounter with its micropolitics and the existing ‘culture of silence’ about social conflicts. How should researchers enter a site, how far should they stir the depths of conflicts and disturb the silence and status quo in order to unearth injustices, multiply narratives, and stage different perspectives? The second theme, rethinking conflict participation, relates to the tension created between a more naïve idea of participation and a more antagonistic one. In restorative justice, it is often assumed that if everybody were included and participated in restorative processes, staging their different perspectives, then consensus could be reached. But considering the possibility that different views cannot be reconciled, and power relations cannot be suspended, we need to rethink the meaning of conflict participation in restorative praxis. 

scholarly journals HATE CRIME PREVENTION PROGRAMS

2020 ◽  
pp. 081
Author(s):  
Darko Dimovski
Keyword(s):  
Crime Prevention ◽  
Violent Crime ◽  
Hate Crime ◽  
Prevention Programs ◽  
Hate Crimes ◽  
Human History ◽  
Prevention Measures ◽  
The Third ◽  
The Media

Hate crimes have existed throughout human history. Although in recent decades many countries have criminalized this form of violent crime in their legislation, few countries pay special attention to prevention measures aimed at countering hate crimes. In this paper, the author will present the hate crime prevention programs launched in the countries that have advanced most in the creation and implementation of such prevention measures. The first two parts of the paper are dedicated to the analysis of special hate crime prevention programs focusing on the perpetrator, while the third part presents the programs focusing on the potential victims. The last part of the paper discusses the role of the media as the bearers of hate crime prevention programs.

The Likelihood of Injury Among Bias Crimes

2016 ◽  
Vol 32 (5) ◽  
pp. 703-729 ◽  
Author(s):  
Frank S. Pezzella ◽  
Matthew D. Fetzer
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
Severe Injuries ◽  
Bias Crimes ◽  
Physical Injuries ◽  
Severity Of Injury ◽  
And Gender ◽  
Minor Injuries ◽  
Sex Orientation ◽  
Serious Injuries

In 2009, President Barack Obama signed the Mathew Sheppard and James Byrd Jr. Hate Crimes Protection act and thereby extended the list of previously protected classes of victims from actual or perceived race, color, religion, national origin, disability and sex orientation to gender and gender identity. Over 45 states, the District of Columbia and the federal government now include hate crime statutes that increase penalties when offenders perpetrate hate crimes against protected classes of victims. Penalty enhancement statutes sanction unlawful bias conduct arguably because they result in more severe injuries relative to non-bias conduct. We contend that physical injuries vary by bias type and are not equally injurious. Data on bias crimes was analyzed from the National Incident Based Reporting System. Descriptive patterns of bias crimes were identified by offense type, bias motivation and major and minor injuries. Using Multivariate analyses, we found an escalating trend of violence against racial minorities. Moreover, relative to non-bias crimes, only anti-White and anti-lesbian bias crimes experienced our two prong “animus” criteria of disproportionate prevalence and severity of injury. However, when compared to anti-White bias, anti-Black bias crimes were more prevalent and likely to suffer serious injuries. Implications for hate crime jurisprudence are discussed.

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