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Author: Lucille Micheletto Publisher: Springer Nature ISBN: 3031190203 Category : Social Science Languages : en Pages : 243
Book Description
This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.
Author: Lucille Micheletto Publisher: Springer Nature ISBN: 3031190203 Category : Social Science Languages : en Pages : 243
Book Description
This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well as to an audience with a specific interest in the Italian context.
Author: Frank S. Pezzella Publisher: Springer ISBN: 3319408429 Category : Social Science Languages : en Pages : 87
Book Description
This Brief provides a clearly outlined and accessible overview of the challenges in creating and enforcing hate crime legislation in the United States. As the author explains, while it is generally not controversial that hate crime behavior should be stopped, the question of how to do so effectively is complex. This volume begins with an introduction about defining hate crimes, and the history of hate crimes and hate crime legislation in the United States. The author shows arguments in favor of hate crime statutes, for example: hate crimes reach beyond their victims to members of the victims’ protected group and cohesion of society at large, and should therefore carry higher penalties.The author also shows arguments against hate crime statutes, for example that they sometimes contain enhanced penalties for certain specially protected groups and not others, and have a high potential for ambiguity and uneven enforcement. From a law enforcement perspective, the author explores the practical challenges in enforcing these statutes, and solutions to address them. Investigative techniques and resources vary significantly across police departments, as does training to identify and distinguish hate crimes from ordinary crimes. There is high potential for law enforcement and prosecutors’ personal biases to effect the classification of crimes as hate crimes. Law enforcement organizations are constantly faced with the dilemma of what and how to enforce legislation. This brief will be relevant for researchers in criminology and criminal justice, policy makers involved in hate crime legislation, social justice, and police-community relations, as well as related fields such as sociology, public policy and demography.
Author: James B. Jacobs Publisher: Oxford University Press ISBN: 0190286318 Category : Law Languages : en Pages : 224
Book Description
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
Author: James B. Jacobs Publisher: Oxford University Press ISBN: 0198032226 Category : Social Science Languages : en Pages : 223
Book Description
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
Author: Alex Brown Publisher: Routledge ISBN: 1317502361 Category : Philosophy Languages : en Pages : 380
Book Description
Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author: New York University Center for Research in Crime and Justice James B. Jacobs Director Publisher: Oxford University Press, USA ISBN: 0199774552 Category : Social Science Languages : en Pages : 226
Book Description
In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.
Author: David L. Hudson Publisher: Infobase Publishing ISBN: 1604134372 Category : HATE CRIMES--UNITED STATES. Languages : en Pages : 101
Book Description
Hate crimes are crimes that are motivated by hate or prejudice, whether it is based on race, ethnicity, sexual orientation, or gender. Many people argue that these crimes should carry extra penalties because, in the words of former Supreme Court Chief Justice William H. Rehnquist, 'this conduct is thought to inflict greater individual and societal harm...bias-motivated crimes are more likely to provoke retaliatory crimes, inflict distinct emotional harms on their victims, and incite community unrest'. Opponents of hate-crime laws argue that extra penalties amount to prosecuting people for thought crimes. ""Hate Crimes"" examines both sides of this debate.
Author: Chakraborti, Neil Publisher: Policy Press ISBN: 144730876X Category : Social Science Languages : en Pages : 304
Book Description
The policy makers that govern responses to hate crimes and the institutions that research those crimes have up to this point been separate: policy makers have not taken research into consideration, and researchers have conducted their studies with little reference to policies. This book bridges the gap between the two by bringing together internationally renowned hate crime experts from the domains of academia, policy making, and activism. The contributors provide new perspectives on the nature of hate crimes, their victims, and their perpetrators, exploring a range of themes, challenges, and solutions that have otherwise received little attention. The result is a collection of innovative ways of combating hate crime that combines cutting-edge research with the latest in professional innovations, while remaining accessible to a wide audience.
Author: Lucille Micheletto
Author: Lucille Micheletto
Author: Frank S. Pezzella
Author: James B. Jacobs
Author: James B. Jacobs
Author: Alex Brown
Author: New York University Center for Research in Crime and Justice James B. Jacobs Director
Author: David L. Hudson
Author: James J. Nolan
Author: Chakraborti, Neil
Author: Mark S. Hamm