Formulating the legislative structure of a hate crime

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

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.

HATE CRIMES AGAINST BLACK LESBIAN SOUTH AFRICANS: WHERE RACE, SEXUAL ORIENTATION AND GENDER COLLIDE (PART II)

This article, which is the second of a two-part submission, examines the South African legal position pertaining to sexual offences and murder as a continuation of the theme introduced in Part One. The authors then examine the concept of motive before providing a brief overview of hate crime legislation and/or policy in the United States of America and Germany. The core of the article examines three possible routes for South Africa to curb hate crime. Firstly, the creation of substantive hate crime law in the form of legislation, secondly, the amendment of current legislation to incorporate protection against this form of crime and thirdly, the retention of thecurrent status quo coupled with the roll-out of civil society initiatives to curb hate-motivated crime. The conclusion of the article provides recommendations from a civil society and criminal justice perspective.

10. Non-fatal offences against the person

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses the main non-fatal offences involving violence against the person. Non-fatal offences include assault and battery, assault occasioning actual bodily harm, wounding and inflicting grievous bodily harm, wounding or causing grievous bodily harm with intent, administering poison, and offences related to explosive substances and corrosive fluids (including offences related to ‘acid attacks’). The chapter analyses in detail consent as a defence to non-fatal offences against the person, including discussion of recent case law on whether consent is a defence to acts of ‘body modification’. The chapter also outlines necessity and lawful correction. The chapter’s ‘The Law in Context’ feature examines the scope of ‘hate crime’ legislation.

Neglect, Marginalization, and Abuse: Hate Crime Legislation and Practice in the Labyrinth of Identity Politics, Minority Protection, and Penal Populism

Using Hungary as a case study and focusing on legislative policies and the practical application of hate crime legislation, this article shows the various ways legal policy can become misguided in the labyrinth of identity politics, minority protection, and penal populism. The first mistake states can make, the author argues, is not to adopt hate crime legislation. The second error arguably pertains to conceptualizing hate crimes as an identity protection but not a minority-protection mechanism and instrument. The third fallacy the author identifies concerns legislative and practical policies that conceptualize victims based on self-identification and not on the perpetrator’s (or the wider community’s) potential perception and classification. The fourth flaw concerns the abuse of the concept of hate crime when it is applied in interethnic conflicts wherein members of minority communities are perpetrators and the victims are members of the majority communities. The fifth is institutional discrimination through the systematic underpolicing of hate crimes.

Understanding Public Attitudes to Hate: Developing and Testing a U.K. Version of the Hate Crime Beliefs Scale

Against the backdrop of an increase in reported hate crimes, we present the development of a U.K.-focussed instrument designed to evaluate the nature of public beliefs about hate crime, legislation, offenders and victims. In Study 1, 438 participants completed an Anglicized version of the Hate Crime Beliefs Scale (HCBS). Factor analyses revealed three subfactors: Denial (high scores represent a denial of hate crime severity and need for legislation), Compassion (high score reflect compassion toward victims and affected communities) and Sentencing (higher scores reflect more punitive attitudes). In Study 2 ( N = 134) we show that scores on Denial are positively associated with those on Right-Wing Authoritarianism (RWA) and Social Dominance Orientation (SDO), ideologies known to be associated with prejudice. Compassion was negatively associated with these ideologies. Mediation analyses showed that Big Five personality traits Openness to Experience and Conscientiousness predicted Denial and Compassion via RWA, whereas Agreeableness and Openness predicted scores via SDO, consistent with a dual-process motivation model of hate crime beliefs. Results are discussed in terms of the nature of hate crime beliefs and the importance of understanding public attitudes which may support undesirable social norms and influence jury decision making in trials of hate related offenses.

The influence of the ‘gay-propaganda’ law on violence against LGBTIQ people in Russia: Evidence from criminal court rulings

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.