Hate Crimes : Criminal Law and Identity Politics: Criminal Law and Identity PoliticsNew York University Center for Research in Crime and Justice James B. Jacobs Director, New York University Center for Research in Crime and Justice Kimberly Potter Director Oxford University Press, USA, 1998 M03 28 - 224 páginas 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. |
Dentro del libro
Resultados 1-5 de 36
Página 4
... tion initiatives , especially the federal Hate Crime Statistics Act of 1990 ( HCSA ) , 1 which gave national recognition to hate crimes as a bona fide category of crime . Before hate crime as a political and legal category be- comes ...
... tion initiatives , especially the federal Hate Crime Statistics Act of 1990 ( HCSA ) , 1 which gave national recognition to hate crimes as a bona fide category of crime . Before hate crime as a political and legal category be- comes ...
Página 5
... tion . For example , some Asian - American advocacy groups reject the label " America's model minority , " insisting that Asian - Americans are disadvantaged and victimized . Even white males now portray them- selves as victims . The ...
... tion . For example , some Asian - American advocacy groups reject the label " America's model minority , " insisting that Asian - Americans are disadvantaged and victimized . Even white males now portray them- selves as victims . The ...
Página 8
... tion and bigotry and another to transform our criminals into equal op- portunity offenders . Fourth , processing hate crimes through the crimi- nal justice system poses challenges for the police , prosecutors , jurors , and criminal ...
... tion and bigotry and another to transform our criminals into equal op- portunity offenders . Fourth , processing hate crimes through the crimi- nal justice system poses challenges for the police , prosecutors , jurors , and criminal ...
Página 9
... tion of hate crime ; ( 2 ) in most cases , it is not possible to determine an offender's motivation ( s ) ; and ( 3 ) the data - gathering efforts by advocacy groups , states , and the federal government are unreliable . In questioning ...
... tion of hate crime ; ( 2 ) in most cases , it is not possible to determine an offender's motivation ( s ) ; and ( 3 ) the data - gathering efforts by advocacy groups , states , and the federal government are unreliable . In questioning ...
Página 12
... tion of the object of hate . " 3 Allport characterizes hate as an enduring organization of aggressive impulses toward a person or toward a class of persons . Since it is composed of habitual bitter feel- ing and accusatory thought , it ...
... tion of the object of hate . " 3 Allport characterizes hate as an enduring organization of aggressive impulses toward a person or toward a class of persons . Since it is composed of habitual bitter feel- ing and accusatory thought , it ...
Contenido
3 | |
11 | |
THREE Hate Crime Laws | 29 |
FOUR Social Construction of a Hate Crime Epidemic | 45 |
SEVEN Enforcing Hate Crime Laws | 92 |
EIGHT Hate Speech Hate Crime and the Constitution | 111 |
NINE Identity Politics and Hate Crimes | 130 |
Términos y frases comunes
2d sess advocacy groups Amendment anti-gay anti-Semitic arson Asian assault attack Attorney bias crime bias motivated bias-motivated bigotry church civil rights color committed Cong Constitution Crime Statistics Act crimes motivated criminal conduct Criminal Justice criminal law defendant discrimination ethnic ethnoviolence fighting words gays and lesbians graffiti group libel harassment hate crime epidemic hate crime laws hate crime legislation hate crime offenders Hate Crime Sentencing hate crime statute hate crime victims hate speech hatred HCSA Ibid identity politics individual intergroup intimidation Jack McDevitt Jewish Jim Sleeper Judiciary jury label law enforcement Law Review lesbians ment Mitchell motivated by prejudice murder national origin NIAPV offender's officers percent perpetrators person police departments prejudiced problem prosecution prosecutors punishment race racial racist rape religion religious S.Ct sexual orientation social society Statistics Act Supreme Court symbolic Tawana Brawley tion U.S. Supreme Court UWM Post vandalism violent crimes Wisconsin York
Pasajes populares
Página 39 - If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States...
Página 181 - I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.
Página 124 - Whoever places on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender commits disorderly conduct and shall be guilty of a misdemeanor.
Página 37 - District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both...
Página 117 - If there is a bedrock principle underlying the First Amendment, it is that the Government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable...
Página 166 - Procedure before the Subcommittee on Criminal Justice of the House Committee on the Judiciary...
Página 37 - Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States...
Página 37 - ... conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment...
Página 168 - HR 32, before the Subcommittee on Civil and Constitutional Rights of the House Committee on the Judiciary, 94th Cong., 2d Sess.