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.

Formulating the legislative structure of a hate crime

2021 ◽  
Vol 72 (AD2) ◽  
Author(s):  
Jennifer Schweppe
Keyword(s):  
United Kingdom ◽  
Comparative Analysis ◽  
Northern Ireland ◽  
Hate Crime ◽  
The United Kingdom ◽  
Hate Crime Legislation ◽  
Irish Context ◽  
Crime Legislation ◽  
Legislative Structure ◽  
Statutory Basis

Whilst hate crime legislation is well established in the three jurisdictions of the United Kingdom, Ireland has failed to address the issue of hate crime on a statutory basis. This article will seek to explore what legislative structure is most appropriate for such legislation in an Irish context, drawing on a comparative analysis of both the form and operation of such legislation in England and Wales, Northern Ireland, and Canada.

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.

The Specters of Citizenship

2017 ◽  
Author(s):  
Amy L. Brandzel
Keyword(s):  
Hate Crime ◽  
Hate Crimes ◽  
State Violence ◽  
The State ◽  
Police Brutality ◽  
Structural Level ◽  
Hate Crime Legislation ◽  
The Social ◽  
Crime Legislation ◽  
Social Level

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.

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