The prosecution of hate crimes: the limitations of the hate crime typology

Since the development of bias crime legislation over the past few decades, scholars have debated the merits of the legislation and questioned its enforcement.(1) In light of such concerns, this study presents characteristics of all cases prosecuted as bias crimes in a New Jersey county between 2001 and 2004 and applies the hate crime typology originally developed in 1993. Results show that, in this jurisdiction, the typology is an inadequate tool for classifying cases prosecuted as hate crimes. Approximately one third of the cases are unclassifiable according to the typology. Findings indicate that the typology is useful for understanding cases in which bias is the sole motivation but inadequate for application to the many cases in which bias is a peripheral motivation.     

Rethinking the war against hate crimes: A New York city perspective

Francis Allen, The Borderland of Criminal Justice: Essays in Law and Criminology Chicago: The University of Chicago Press, 1964

Francis Allen, The Crimes of Politics: Political Dimensions of Criminal Justice Cambridge: Harvard University Press, 1974

Francis Allen, Law, Intellect, and Education Ann Arbor: University of Michigan Press, 1979

Francis Allen, The Decline of the Rehabilitative Ideal: Penal Policy and Social Purpose New Haven: Yale University Press, 1981     

A higher bar: Institutional impediments to hate crime prosecution

Why are hate crime cases so rarely prosecuted? Most states and the federal government have hate crime laws on their books, yet available data indicate few prosecutions in most jurisdictions. Drawing on case files and interviews with police and prosecutors in one jurisdiction, three institutional impediments to hate crime prosecution are identified: evidentiary inflation, by which law enforcement uses a higher burden of proof than what is required by statute; loose coupling between police departments and prosecutors' offices; and cultural distance between law enforcement and victims. Findings also reveal that advocacy groups and media can successfully increase the visibility of cases and draw the attention of prosecutors. The findings align with aspects of legal endogeneity theory and enhance our understanding of the role of organizations in constructing the meaning of law. The results also help explain why some laws are rarely enforced, even when they have support from key personnel in an organization.     

Student perceptions of hate crimes

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.     

Transphobic discourse and moral panic convergence: A content analysis of my hate mail

Recently, new social anxieties about transgender people have begun to emerge, framed as an issue of “grooming”—a term typically used in the context of child sexual abuse. In this way, moral panic about transgender people seems to be merging with oft-repeated social fears about pedophilia, resulting not only in policies criminalizing trans people and their allies but also in escalating hatred and threats toward trans-affirming educators. This pattern requires further inquiry. As a trans academic who has been at the center of moral panic, my own hate mail can provide material for this exploration. I conducted a content analysis of 231 letters and e-mails sent to me containing messages of hate, to answer the following research questions:

1. What beliefs and understandings did my correspondents indicate having about me and my research?
2. To what extent did my correspondents’ beliefs and understandings about me reflect intersecting contemporary moral panics around trans and queer people, pedophilia, and educators?
3. What stated or implied goals did my correspondents aim to achieve by writing to me?

The findings of this study can add to understanding of how moral panics can converge, and the consequences of their convergence for marginalized groups in academia and beyond.     

A mock juror investigation of blame attribution in the punishment of hate crime perpetrators

We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.     

Assessing the public's demand for hate crime penalties

In this article, we analyze responses from a nationally representative sample of American adults to determine public attitudes toward punishment for hate crimes. While attitudinal polls find strong support for hate crime laws, criminological research provides reasons to believe that this support may be weaker than assumed. Our findings suggest that, while there is minimal public support for harsher penalties for offenders who commit hate crimes, attitudes toward punishment, treatment, and minority rights are predictive of preferences for differential treatment of hate crime offenders. We discuss possible implications of these results in our conclusion.     

A community response to a 9/11 hate crime: Restorative justice through dialogue

Nearly two hours after the September 11 terrorist attacks, a hate crime was committed against the Islamic Cultural Center in Eugene, Oregon. Rather than following the conventional criminal justice process, the director of the center and his wife chose to engage in a process of restorative dialogue with other community members and the offender himself. This case study of moving from hatred to healing occurred in the larger context of restorative justice, a movement that is now developing in many hundreds of communities in more than 17 countries. Social workers committed to community practice have played an active role in this reform movement, which has developed over the past two decades.     

The migration and integration of the hate crime approach in India

Jindal Global Law Review - International norms, standards and practices relating to understanding and addressing hate crime are increasingly comprehensive. Efforts by international organisations to...     

Youth hate crime offending: the role of strain,social control and self-control theories

Much of the existing research on hate crime focuses on the perspective of victims, while relatively little is known of the offenders. This study examines the prevalence of hate-motivated offending in the form of assaults and bullying, and variables that may explain some of the influences for such behaviour. It compares hate-motivated offenders to both non-offenders and offenders committing non-hate-motivated acts. Our data are based on a nationally representative youth survey collected in 2012 (n = 4,855) from Finnish students attending ninth grade (ages 15–16). It relies on three central theories in criminology: strain, social control and self-control theories. Frequent parental fighting, low parental supervision, low social control and male gender were significant factors in explaining hate crime offending. Our results suggest that the three criminological theories are relevant in the analysis of hate crime offending among Finnish youth.     

Effects of victims' characteristics on attitudes toward hate crimes

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.     

„So,what's a hate crime anyway?” young adults' perceptions of hate crimes,victims, and perpetrators

Male and female young adults provided responses to open-ended questions about hate crimes. Results indicated considerable variability in their definitions, with perceptions of hate crimes differing with regard to demographic characteristics of both victims and perceivers. Victims may experience hate crimes differently because of who they are, why they are victimized, and with whom they share their experiences. In a separate study, males and females each evaluated a scenario of a hate crime perpetrated upon a male or female victim. Whether the crime was described as motivated by racial or religious bigotry, heterosexism, or was ambiguous was systematically varied. The demographic status of the participant appeared to determine how disruptive they regarded the crime scenario, and the likelihood that they would report personal knowledge of a victim of a similar type of assault. None of the participants was likely to report knowledge of a victim of a heterosexist assault. Policy implications of results from both studies are discussed.     

The hate that dare not speak its name: Pornography qua semi-political speech

In this essay we shall examine the contemporary jurisprudential thinking and legal precedents surrounding the issue of the sanctionability of pornography. We shall catalogue them by their logical presumptions, such as whether they view pornography as speech or act, whether they view pornography as obscenity, political hate-speech or anomalous other, whether they would scrutinize legislation governing pornography by a balancing of the harm of repression against the harm of permission, and who exactly they view as the victims.We shall take a special interest in the most recent, but unsuccessful, attempt by a subgroup of feminists to proscribe pornography by treating it as neither political speech nor sexual speech but speech which causes harm which is both political and sexual. They would like it to be considered as a special kind of odious propaganda undeserving of protection because it promulgates a mental state conducive to criminal activity, and hence is criminal in and of itself. However, the repression of propaganda, even odious propaganda, is not so easily accomplished in this country.Most anti-censors have emphasized the uncertainty of the causal connection between pornography and sexual violence. We shall contend that this is not the essential issue, and that, even if we agree with the allegations of pornography's prurient non-intellectual appeal and its tendency to excite criminal hostility, the current understanding of the Bill of Rights allows sanctioning only under the stringent requirement of the showing of a clear and present danger of specific and immediate acts.We raise the question of whether there should be a new standard for speech which is simultaneously political and sexual, and/or for speech whose harmful message is presented subliminally, on the grounds that such speech may not be adequately opposed by counter speech in the marketplace of ideas.     

The effect of rural population on homicide rates across the rural-urban continuum: A county level analysis

Using 3,130 counties and equivalents in the United States for 1980, this paper provides a test of the effects of rural population and its component parts, controlling for other factors, on homicide rates, across the rural-urban continuum. The results indicate that the percent rural population of a county continues to have an inhibitory effect upon homicide. However, this result is influenced by the rural-urban context of the county.     

Legal pragmatism and the pre-birth continuum: an absence of unifying principle

The common law has historically been clear - the rights of the unborn do not exist prior to birth. A child becomes a legal person and able to enforce legal rights upon being born alive and having a separate existence from her or his mother. This article assesses whether new developments in biomedical technologies have left this legal principle inviolate and explores what the state of law is in relation to pre-birth. It argues that there is a pre-birth continuum where the law punctuates points in a lineal timeline fashion as to when a pre-birth "non-entity" becomes a legal entity. The article concludes that there is no singular rule of law with respect to being or becoming a human but rather a collection of discrete and increasingly divergent legal categories. This recognition of a pre-birth continuum or timeline as to the legal recognition of this "non-entity" has significant ramifications for the future development of law and impacts on legal thinking about what it means to be human.     

The crime vanishes: Mob lynching,hate crime,and police discretion in India

Jindal Global Law Review - Amidst high-profile incidents of hate violence against religious and caste minorities, the Indian Supreme Court laid down a series of guidelines to address mob violence...     

Toward a continuum of care for the elderly: a note of caution

The search for better ways to care for the chronically ill elderly has led to "alternatives to institutional care." A study fo geriatric day care and homemaker services finds that they were used as an add-on to existing care, few patients benefited, and costs were 60-71% higher than costs of a control group. Four more studies have confirmed the lack of substitution effects. Services could be targeted on those who need them even though it is very difficult to do so, and efficacy should be demonstrated before benefits are expended to new services.