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1.
This article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels (both conceptual and evidential) between gender‐motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate‐motivation of many sexual violence offenders, the criminal justice system can begin to move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes.  相似文献   

2.
Laws enabling penalty enhancement for crimes motivated by hostility or prejudice, i.e. hate crimes, have become common in many countries. However, laws as a measure against hate crimes have been contested, because their deterrent effect has gained none or little support in the (limited) literature, and they may be considered symbolic rather than deterrent. This study investigates attitudes towards penalty enhancement for hate crimes. Previous empirical investigations of this question are scarce. The material consists of a survey targeting nearly 3000 Swedish university students. Support for penalty enhancement for hate crime was moderate, shown by one third of the total sample. Results supported the premise that students belonging to a minority group, assumed to be at risk of hate crime victimization, agree to a higher extent of penalty enhancement than students belonging to the majority. Previous victimization experiences and worrying about being victimized were not significantly related to punitive attitudes. However, respondents who perceived the risk of victimization to be increased for minority groups in general were more likely to support penalty enhancement for hate crime. Findings should be confirmed in a nationally representative sample since the public’s perspective on the criminal justice system is important for understanding and dealing with the social problem of hate crime.  相似文献   

3.
Estimates indicate hate crimes are a growing concern in the United States. This paper addresses how criminal justice students perceive victims of hate crimes. Survey findings show subjects are less likely to define certain groups of people as victims of hate crimes. Suggestions are made as to how criminal justice departments can heighten awareness of hate crime victims, multiculturalism, and gender diversity among criminal justice students.  相似文献   

4.
In this article I argue that the objections against hate crimes defined as separate offenses and in terms of group animus are misguided and are based upon a mistaken view of human action that does not see motives as constituent parts of complex actions. If we are going to have hate crimes legislation, there are no good formal reasons keeping us from having distinct offenses for hate crimes or from having ones defined in terms of group animus. My goal is to clear up a number of action-theoretical confusions that have led some theorists and jurists to raise objections that draw attention away from the real crux of the debate over hate crime legislation. Initially, I defend several considerations that weigh against an understanding of hate crimes legislation as being concerned exclusively or even primarily with character, belief, or motive. These considerations in turn help undercut the related concern that hate crime legislation violates free speech protections.  相似文献   

5.
The majority of opioid-related deaths are accidental. However, the number of opioid-related suicidal deaths is likely under recognized. Presented here is a case of suicide by heroin overdose. The manner of death would have likely been deemed accidental if not for critical information shared by the decedent’s family during follow-up telephone interviews between the forensic pathologist and the decedent’s family, which included text messages that were sent by the decedent just before his death that were not known at the time of the initial medicolegal death scene investigation. This case highlights that when a forensic pathologist establishes an engaged relationship with the decedent’s family, the information elucidated can prove to be invaluable in reaching an informed opinion about the manner of death. For overdose cases, identifying an accurate manner of death allows the design of public health efforts that adequately address the health risks in the community. For aid in the determination of the manner of death for overdose cases, we propose a five-step checklist that may assist forensic pathologists and medicolegal death investigators when approaching similar cases.  相似文献   

6.
Many hate crimes are not reported and even fewer hate crimes result in an arrest. This study investigates patterns of victim reporting and arrest for hate crimes in two parts. First, using data from the National Crime Victimization Survey, we find that, controlling for offense severity, hate crimes are less likely than non-bias crimes to be reported to the police and that the police are less likely to take further action for hate crimes, compared to non-hate crimes. Second, we use data from the Pennsylvania Human Relations Commission and the National Incident-Based Reporting System to compare differences between types of hate crimes in the likelihood of crime clearance. We find that those hate crimes most likely to result in arrest are those that fit the profile of a “stereotypical” hate crime: violent incidents, incidents committed by hate groups, and incidents involving white offenders and black victims.  相似文献   

7.
A significant number of medicolegal deaths involve ethanol. Deaths may be related to the acute, intoxicating effects of ethanol, either in decedents or within persons responsible for causing the deaths of others. Additionally, deaths may be related to chronic alcoholism. A chronic alcoholic may display characteristic external features which allow an observer, such as a forensic pathologist or other physician, to conclude that he/she is probably an alcoholic. Herein, the authors report two decedents with a rare condition known as “multiple symmetric lipomatosis” (MSL), which has a strong correlation with chronic alcoholism. Identification of the peculiar features associated with MSL should prompt the forensic pathologist to consider chronic alcoholism as a probable diagnosis.  相似文献   

8.
《Justice Quarterly》2012,29(2):373-398

To gain a better understanding of factors related to the occurrence and processing of hate crimes, we examined 2,031 hate-crime incidents reported to the Pennsylvania Human Relations Commission from 1984 to 1998. The results of multilevel random coefficient analyses indicated that the frequency and severity of hate incidents, as well as police involvement in response to hate crimes, were significantly related to individual-and community-level influences. Furthermore, some characteristics of victims, offenders, and offenses were significant predictors of local police involvement, the composition of a county's population moderated the processing of hate crimes. Implications for reporting, policy, and future research on hate crimes are discussed.  相似文献   

9.
The Internet serves as a channel for electronic communication on an international level. While communication on the Internet has grown exponentially, the proliferation of crimes in cyberspace has become rampant. Hate crimes, in particular, have become increasingly prevalent on the Internet. In this past decade, the United States government has taken significant measures to combat the proliferation of hate crimes. This paper reports six cases of "cyberhate" crimes and emphasizes pertinent legal issues surrounding them. Current modes of intervention are discussed, ranging from local to national levels. The forensic psychiatrist may undertake a challenging role in the interpretation of the hateful criminal mind at the interface of psychiatry and the law.  相似文献   

10.
猝死综合症用来泛指急死后是用传统检查技术手段未能发现致死病变的情况。由于原因不明,其诊断和病因学的研究均十分困难。猝死综合症的诊断是法医学尸体检验实践中的难题之一。近年来,随着分子生物学技术和遗传学研究的不断深入,对于一些与猝死有关的发现不断报道,有希望用于法医学实践,用于将此类猝死进一步分型,并为进一步的深入研究提供准确的流行病学资料。  相似文献   

11.
Hate crimes are motivated by perpetrators' prejudice toward targets' group. To examine individuals' attitudes toward hate crime perpetrators and targets, participants responded to vignettes of court cases in which the victim's group membership was varied. Results showed that participants recommended more severe sentences for perpetrators when the targets of their crimes were not White males or White females and reported those crimes as more closely fitting the definition of "hate crime." These results show that participants consider penalty enhancements appropriate for hate crimes and that they do not consider crimes against women to be hate crimes, consistent with present hate crime legislation. These results have implications for the utility and support of hate crime legislation but may showcase the resistance to expanding the legislation to protect individuals of other groups, especially women.  相似文献   

12.
Relative to non-bias motivated crimes, hate crimes have much graver consequences for victims and their community. Despite the large increase in religious hate crimes over the past decade relative to all other hate crime, little is known about these types of crimes and the factors associated with both reporting to law enforcement and case outcomes. Utilizing the National Crime Victimization Survey and National Incident-Based Reporting System datasets, this study examines the relationship between victim, offender, and incident characteristics on reporting to law enforcement and case outcomes. Most religious hate crimes are not reported (41.3 %) in part due to perceptions of law enforcement’s perceived response. Of the violent incidents that are reported, the vast majority do not result in the arrest of an offender (22.2 %). Whereas only a small number of variables related to the seriousness of the offense are associated with both reporting and arrest, these exhibited large effect sizes.  相似文献   

13.
This research explains the temporal clustering of hate crimes. It is hypothesized that many hate crimes are retaliatory in nature and tend to increase, sometimes dramatically, in the aftermath of an antecedent event that results in one group harboring a grievance against another. Three types of events are used to test and refine the argument: 1) contentious criminal trials involving interracial crimes, 2) lethal terrorist attacks, and 3) appellate court decisions concerning same‐sex marriage. The results from time‐series analyses indicate that contentious trial verdicts and lethal domestic terrorist attacks precede spikes in racially or religiously motivated hate crimes, whereas less evidence is found for antigay hate crimes after appellate court rulings that grant rights to same‐sex partners. The model put forth in this article complements prior work by explaining in part the timing of hate crime clusters.  相似文献   

14.
Human cerebral malaria is a frequent encephalopathy that occurs in the endemic tropical-subtropical zones. There are a smaller number of imported cases in continental zones where the diagnosis sometimes remains difficult to establish. Fifteen days after the death of a 36-year-old male French citizen in Africa, an investigation to determine the cause of death was conducted. Histologic examination of the brain permitted the diagnosis of cerebral malaria. Because of the popularity of overseas tourism and because this disorder may appear as "sudden death," these victims may be referred to a forensic pathologist. This case demonstrates the role a forensic pathologist may play in determining the cause of death in cerebral malaria.  相似文献   

15.
This article focuses on individuals suspected of hate crimes with xenophobic, Islamophobic, and homophobic motives. The objective is to fill a gap in the knowledge left by existing research, which has primarily focused on victims and definitional problems. This article's genuine contribution to new research is the comparative perspective and the study of co-offending and specialization in offences for persons suspected for hate crimes. To find persons suspected for hate crimes, register data relating to hate-crime-motivated assault and unlawful threats/molestation offences from 2006 have been used. The study is based on a total of 1,910 offence reports together with information from the Registers of Suspected and Convicted Offenders for 558 persons suspected for hate crimes. Xenophobic hate crimes are over-represented in the material by comparison with homophobic and Islamophobic hate crimes. In the reports that have information about the relation between victim and perpetrators, it is more common for the perpetrators to be known than unknown to the victims. In cases where a suspected person has been identified, males are in a clear majority. Those suspected of homophobic hate crimes have the lowest mean age. Only a small number of offence reports include information on suspected co-offenders. Fifty-five per cent of the suspected people have prior registered convictions. It is very uncommon for them to be specialized in violent offences or unlawful threats/molestation, however. It is not possible to generalize the results to perpetrators of hate crimes, because 70% of the offence reports did not have information of suspected persons.  相似文献   

16.
When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.  相似文献   

17.
An adequate death investigation requires the combined efforts and cooperation of experts in different disciplines: crime scene technicians, death investigators, forensic pathologists, anthropologists, entomologists, other medical and non-medical professionals. These front-line experts play a crucial role in every death investigation process. The forensic pathologist normally has the legal authority to take charge of the dead body at a death scene and his primary functions are the exterior and interior examination of the cadaver by analyzing the extent of antemortem injuries and the postmortem changes and the recovery of physical evidence. He is responsible for determining how, when and why of any death which is the result of violence, suspicious or unexplained circumstances or a death which is sudden or unattended, defending and explaining the reasons for making these diagnoses in a courtroom. The forensic entomologist can provide invaluable aid in death cases where human remains are colonized by insects and in the overall investigation. His principal role is to identify the arthropods associated with such cases and to analyze entomological data for interpreting insect evidence. He is responsible for determining the period of insect activity according to all the variables affecting insect invasion of remains and their development. The major goal of medico-criminal entomology is to contribute to the determination of the time, cause, manner and place of the investigated death (especially on badly decomposed corpses or skeletonized human remains) with the support of all the elements which can be inferred from the study of insects found on the cadaver or nearby. The application of techniques devised recently in forensic entomology can allow experts in the field to collect strong entomological evidence and provide useful information not only in a death investigation including movement or storage of the remains following death, time of dismemberment, postmortem artifacts on the body but also at the scene, and even more in child neglect, sexual molestation and identification of suspects. As the role of the forensic entomologist at the death scene, at the autopsy and in the laboratory is defined and well known, this paper focuses on the difficulties that could arise if forensic pathologists and entomologists are uncertain about the procedures that they have to follow, do not realize the value of objective findings or fail to evaluate them. Although every forensic case presents a slightly different set of circumstances and has to be tackled individually, the forensic pathologist should work with the forensic entomologist from the visual observations of the cadaver on the scene, through the collection of arthropods and temperature data at the death scene and at the autopsy, up to the final report with the interpretation of entomological and other biological evidence.  相似文献   

18.
A case of sudden death associated with fatty liver and encephalopathy is described in a 4-year old white boy with medium-chain acyl-coenzyme A dehydrogenase (MCAD) deficiency. The death was caused by hypoglycemia triggered by fasting and vomiting associated with a minor viral infection. The differential diagnosis of the hepatoencephalopathy is discussed in relation to other conditions, especially Reye's syndrome. The forensic pathologist should be familiar with MCAD and other deficiencies of beta-oxidation of fatty acids as a cause of sudden unexpected death in children in order to advise parents in genetic counseling to prevent disability or death of other affected, but still asymptomatic siblings.  相似文献   

19.
Homicide investigations represent an important function of death investigators. Although recognizing nonobvious homicides is crucial, an equally important role involves the identification of cases that initially present as possible homicides, but are ultimately discovered to not represent homicides. Failure to recognize such cases results in wasted time, squandered resources, false allegations, and potential life‐altering consequences. The authors review a series of cases wherein initial investigation suggested a possibility that the deaths represented homicides. By carefully considering additional information, including scene findings, history, and postmortem examination, each was determined to represent an accidental traumatic death. In addition to highlighting the importance of recognizing accidental traumatic deaths that initially present as homicides, the cases serve to highlight the fact that forensic pathology cannot be practiced without knowledge of appropriate ancillary information. Although guarding against cognitive bias is important in all forensic disciplines, including forensic pathology, access to vital case‐related ancillary information is an essential component of practicing medicine as a forensic pathologist.  相似文献   

20.
The investigation of sudden unexpected death in psychiatric patients and the ensuing litigation has brought to our attention many unusual features important in the evaluation of such deaths. Certain pathophysiologic mechanisms of death, rarely encountered in routine forensic science practice, may be important in determining the cause of death in psychiatric patients, especially in cases where the autopsy is unrevealing. Of particular concern is a tendency in the current literature to implicate phenothiazines as a cause of death when the death investigation and the autopsies are incomplete. Thus, based on our experience and on a review of the current literature, we have set forth factors that the forensic pathologist should consider when faced with a sudden psychiatric death. A case report illustrates these unique aspects of scene investigation and analysis of terminal events and autopsy findings.  相似文献   

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