Concept Of Hate Crime Research Articles

Identifying and understanding the concept of hate crime in criminal law the jurisprudence of the European Court of Human Rights

The continuous development of society has led to the birth of conflicts between the human beings who share it. Therefore, the many human characters and the continuous existence of differences of any kind between the individuals of a society led to the birth of the concept of hate crime. The internal motive of this criminal activity is given by the motive of the deed, which is the one on which the feeling of hatred takes shape in the mind of the author of the deed. Close by, we will draw defining lines of the perpetrator's way of thinking before the implementation of the illegal activity, as well as the steps that the competent bodies take in the criminal investigation.

‘We shouldn’t be told to shut up, we should be told we can speak out’: Reflections on using arts-based methods to research disability hate crime

The concept of hate crime has been subject to ongoing debate among academics, practitioners and policy-makers. Yet for many disabled people, this concept remains to be ambiguous and conceptually ‘fuzzy.’ In this article, I reflect upon the use of arts-based methods in order to explore disabled people’s understandings and experiences of hate crime. Specifically, I offer methodological reflections on how the process of making mood-boards can invite participants to revisit personal experiences, prompt sensitive and supportive discussions, and present knowledge in more creative ways. I also consider some of the difficulties involved with arts-based methods, particularly where such activities can evoke discomfort. Despite these methods creating some challenges, this article supports the use of arts-based methods as enabling a more collaborative and participatory research process. In particular, I argue that these alternative methods provide an opportunity to sensitively explore potentially upsetting topics such as hate crime.

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

AbstractUsing 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.

HATE CRIMES, THE HATE SPEECH PHENOMENON, PRACTICE OF THE EUROPEAN COURT OF HUMAN RIGHTS AND THE RUSSIAN APPROACH TO DETERMINING EXTREMIST ACTIVITY

The subject of the research is criminal law rules that provide for criminal liability for hate crimes and the judicial decisions of the European Court of Human Rights on hate crimes. The purpose of the article is to confirm or refute the hypothesis that a unified approach to the definition of the legal concept of hate speech and the limits of its application is nec-essary. This approach must be based on the legal positions of the European Court of Hu-man Rights The research methodology includes analysis and interpretation of court decisions of the European Court of Human Rights, as well as a dialectical approach to the analysis of vari-ous points of view to the definition of extremist activity. The main results and scope of their application. The relevance of the research proposed for publication is due to the lack of uniform practice of applying the articles of the Russian Criminal Code on so-called "hate crimes" by Russian courts and the presence of signifi-cant contradictions in the positions of the European Court of Human Rights and the state position of the Russian Federation in defining key concepts in this area that are extremely important for criminal procedure and administrative activities. The paper considers scien-tific and practical attempts to define "hate crimes" in the global and regional human rights systems, basic recommendations of the UN on countering such crimes, and offers an interpretation of the term hate speech in relation to the related criminological concept of hate crime. The text provides statistical data describing the level of such crime and the practice of the ECHR in this area, mentions a list of criteria according to which "hate crimes" can be motivated by language differences, gender, sexual orientation and other characteristics, as well as criteria that distinguish hate speech from freedom of expres-sion, and suggests decriminalization of part 1 of article 282 of the Russian Criminal Code. Conclusions. It is necessary to unify the concepts of "hate crimes" (and the practice of their application) in the direction of, in particular, reducing the number of decisions of the European Court of Human Rights against the Russian Federation and increasing the level of legal protection of both the individual citizen of the Russian Federation and freedom of speech and expression.

‘Some men deeply hate women, and express that hatred freely’: Examining victims’ experiences and perceptions of gendered hate crime

Extensive debate about the place of gender within the hate-crime policy domain has been fuelled by national victimisation surveys indicating people’s experiences of ‘gender hate crime’ coupled with Nottinghamshire Police’s decision to begin categorising misogynistic street harassment as a form of hate crime. Drawing on the results of an online survey of 85 respondents, this article explores people’s experiences of gender-related victimisation as ‘hate crimes’. The analysis demonstrates how participants relate their experiences to the concept of hate crime, their perceptions on punishment and reporting to the police, and also wider impacts on their recovery processes. This paper provides a timely contribution towards current debates around using the existing hate-crime model for addressing crimes motivated by gender hostility.

Necropolítica tropical em tempos pró-Bolsonaro: desafios contemporâneos de combate aos crimes de ódio LGBTfóbicos

Em tempos conservadores pró-Bolsonaro, minorias sociais têm sido alvo de agressões de diferentes ordens, sendo vistas como corpos matáveis, simbolicamente ou não. A partir desse cenário, o objetivo deste trabalho é compreender em que medida há uma rede de cumplicidade que fomenta a manifestação de crimes de ódio LGBTfóbicos na contemporaneidade política brasileira. Para situar o fenômeno teórica e metodologicamente, acionamos o conceito de necropolítica, política de morte que decide quem tem o direito de matar e o de viver. Propomos também a dilatação do conceito de crime de ódio, compreendendo como a morte pode se manifestar para além do óbito, como no controle das subjetividades.

A Shared Global Perspective on Hate Crime?

The hate crime concept describes a set of actions that span the worlds of activism, policy, and scholarship and provides the basis for these actors to work together and open up the rule of law to communities that often exist outside its protection. However, there is huge diversity in current approaches across and within these worlds to recording, reporting, legislating against, and researching hate crime, which challenges the notion of a shared and global concept of hate crime. This article offers a framework that helps describe the processes and relationships that generate and refine national and international concepts of hate crime. In so doing, it starts to assess to what extent an internationally coherent approach to understanding and responding to targeted, bigoted violence has been achieved.

IMPACT OF THE ECONOMIC DOWNTURN ON HATE CRIME TENDENCIES

The article aims at identifying the tendencies of hate crime during the period of economic crisis. This is being achieved through the following tasks: defining the concept of hate crime for this research (chapter XXV of Lithuanian Criminal Code: crimes and misdemeanours against person’s equal rights and freedom of conscience) and explaining circumstances that encumber the establishment of the impact of economic factors on hate crime; analysing legal theories that list economic factors among the reasons of hate crime; identifying the dynamics of hate crime during the period of economic downturn in Lithuania and verifying whether the tendencies might have been influenced by other factors (amendments of regulation and structural reform). The analysis reveals that most legal theories (strain theory, theories of social disorganisation, resource competition) confirm the growth of hate crime during the period of economic recession: members of society usually have a negative attitude towards immigrants or other minorities as posing risk on social-economic stability and increasing competition in distribution of resources. Nevertheless, it is emphasized that the influence of economic crisis on the tendencies of hate crime is much more complex, existing on macro-level and on micro-level, where the manifestation of hate motivation in a particular person’s behaviour depends on many factors, including the formation of prejudice, level of self-control, being unemployed and uneducated that are often related with poverty. Therefore one may come across a position that hate crime is not related with economic factors. Legal analysis finds that during the economic crisis the number of registered hate crime in Lithuania (mostly comprised of incitement to hatred) has grown from some tenths to hundreds of such criminal offences per year. The author notices that the Criminal Code has been supplemented with several new criminal offences (public incitement to violence by publishing, distributing hate production, organising groups, also denial, trivialisation of international crimes, crimes of Soviet or Nazi regime), however, there are usually only few if any such criminal offences per year in practice. Thus neither the changes in regulation nor the reorganisation of a special unit in the General Prosecutor‘s Office had any significant impact on the established growth of hate crime. Case law of Lithuanian courts, where statements inciting to violence are used in the context of economic crisis in Lithuania and negative attitude is expressed towards immigrants, national, sexual or other minorities, confirm that economic downturn intensifies hate prejudice. Finally, it is concluded that despite the identified growth of hate crime economic crisis is not the only or a direct cause of hate crime, still, undoubtedly it stands among the factors intensifying such type of crime (especially incitement to hatred). Attention is also paid to the fact that a ‘hate culture’ or a ‘hate phenomenon’ remains among the most complex challenges for states.

HATE CRIMES: THE ULTIMATE ANATHEMATIC CRIMES

Hate crimes are grave offences that involve violations of human rights and humanitarian law. Hate crimes are offences which are motivated by bias or prejudice against a person based on their ethnicity, race, colour, sexual orientation, gender, handicap or religion. If one considers the severity of these crimes and the cumulative consequences thereof, it is evident that these crimes do not get as much concern as they should. The conduct in this type of crime targets groups of individuals based on their actual or perceived membership in a particular group. The crimes are profoundly influenced and driven by the collective action of its perpetrators, also members of a group, who regard themselves as superior. The interplay between individual action and group membership is central to these crimes in so far as this interplay engenders thorny questions of responsibility and punishment. This note intends to explore the manner in which South African and American criminal law give impetus to the criminalization of the above-mentioned collective wrongdoing. It is important to consider the handling of hate crimes in American society as South Africa has a similar history of racial discrimination to that in the United States. The first part of the note will delineate the concept of hate crime, while the second part will examine hate crimes from a South African as well as American criminal-law perspective. Lastly, the punishment of perpetrators of prejudice-motivated crimes is investigated as a final intervention in combating this manifestation in South Africa.

Hate Crimes and Human Rights Violations

AbstractThe discourse of hate crime has come to Europe, supported not least by international human rights actors and security and policy organisations. In this article, I argue that there is a need for a philosophical response to challenging claims about the conceptualisation and classification of hate crime. First, according to several scholars, hate crime is extraordinarily difficult to conceptualise and there is a fatigue among practitioners caused by the lack of clarity and consensus in the field. I agree that there is a need, not for additional definitions, but for a more comprehensive conceptual framework, that may help us think more clearly about given definitions of hate crime; about their basic structure, cross‐cutting problems, and possible variations. Supplying such a conceptual perspective represents a timely task for applied philosophy. I engage with this by offering a four‐tiered concept of hate crime. Second, the involvement of human rights actors in the consolidation of hate crime law and policy in Europe has supported the classification of hate crime as a human rights violation. Ultimately, what is at stake is not only our understanding of hate crime, but also our maintenance of a precise and pointed discourse on human rights violations. I argue that we should hesitate or even abstain from classifying hate crime as a human rights violation, and that doing so is compatible with taking both hate crimes and human rights seriously.

Hate Crime as a Moral Category: Lessons From the Snowtown Case

Hate crime is more than a legal category. It is also a moral category that promotes tolerance and respect over prejudice. In so doing, the concept of hate crime makes a claim for social justice on behalf of those groups disadvantaged by racism, homophobia, anti-Semitism and so on. This article argues that one of the means via which the concept of hate crime does this is to generate certain forms of ‘emotional thinking’ among the general public, such as compassion for victims and contempt or disgust for perpetrators. The question of whether a given criminal event will be labelled and constructed as a hate crime is thus not simply a matter of whether it meets the minimal definitional requirements. It is also dependent upon the capacity of those who claim victim status to engender forms of emotional thinking that encourage others to see them as the undeserving victims of prejudice, that is, as ‘ideal’ victims. This argument is grounded in a recent empirical study of the Snowtown murders in South Australia. Despite the emergence of a strong ‘hatred as motive’ theme in the legal arena, the murders have never been publicly labelled as hate crime. The article argues that images of deep moral failure on the part of the victims (not just the perpetrators) precluded them from engendering forms of emotional thinking that are essential if the concept of hate crime is to function as a moral category.

A Picture of Hate Crime: Racial and Homophobic Harassment in the United Kingdom

Even though there have been several concerns expressed about the concept of hate crime, very little doubt has been accorded considerable legal, social and political purchase since the early 1990s. Hate crime has generated a lively debate over its own definitional limits and the findings of a study of allegations of racial and homophonic harassment recorded by the London Metropolitan Police Service (MPS) are provided.

Judicial Rhetoric, Meaning-Making, and the Institutionalization of Hate Crime Law

In this article we examine how the concept of hate crime has been transformed in judicial discourse from a broad ambiguous category, which generated substantial controversy and opposition, to a focused determinate legal construct, which has been largely accepted as a legitimate legal practice. We track changes in judicial rhetoric across 38 appellate court opinions that consider the constitutionality of hate crime cases (1984-1999), and we propose a theoretical framework for analyzing the “settling” of legal meaning. A qualitative interpretive analysis demonstrates that the meaning of hate crime that emerges across the series of cases is much richer and nuanced than the collection of words contained in the statutes, and that the domain of hate crime has expanded across the series of cases to include a broader range of behaviors and mental precursors. Quantitative analysis shows that, over time, judges have developed a more economical and formulaic rhetoric for responding to petitioners' constitutional challenges to hate crime statutes and have converged around sets of arguments for negotiating challenges. We discuss the implications of these findings for traditional jurisprudential analyses, sociolegal research on judicial decisionmaking, and research on the social construction of deviance.