Hate Crime Legislation

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Hate crime has become a politically and socially significant term that cuts across communities and across borders. Hate crime is an undisputed problem in the UK. Debate is focused on how the problem should or can be solved. In the UK the criminal law is used as a tool to deal with hate crime. However many discuss if the criminal law the correct response to such a complex issue. There is also debate regarding what characteristics should be protected under hate crime legislation. In the UK there are five recognized categories which are protected. Race, religion, sexual orientation, disability and transgender identity. The first section of this essay will lay some context to my argument that the criminal law is an effective response to the issue. …show more content…

The use of the criminal law is primarily justified through consideration of the harm principle and further supported by the importance of the laws symbolic nature. This presents a clear unstandable statement to society that such behaviour is wrong and that suitable punishment will result from such actions. However, some critics of criticism of such criminalisation demonstrates that the current legislation is not perfect. Therefore, change in the current system is necessary. Including, addressing instructional issues that prevent hate crime from being dealt with properly under the criminal law. In addition, the definition of hate crime and the characteristics found in the legislation must also be adapted for fairer application. There are various changes that could be made across the system to make the criminals response more specific and …show more content…

There is no clear legal definition of a hate crime. Hate crime is generally known as any criminal offence which is perceived by the victim or any other person as being motivated be prejudice or hate. Hate crimes are therefore dependant on the identification of the victim belonging to a particular group. The core of the crime itself is physical or psychological violence, the emotions, such as ‘hate or bias’, heighten the severity of the crime. However, many argue that the true parameters of hate crime are not known. Guidance to member states from the Office for Democratic Institutions and Human Rights (ODIHR) described hate crimes as, ‘criminal acts committed with a bias motive’. Significantly, the ODIHR 2010 guidance does not seek to set out a list of characteristics that member states should focus their criminal policy upon. Providing the characteristics are fundamental to a person's sense of self. This is significant because across Europe the problem is of differing magnitudes, hate crimes are not only dealt with differently but the characteristics of targeted victims are also different. In addition to this body, the College of Policing, also produces guidance on this matter, describing hate crime with reference to prejudice and hostility, as well as hate. The college of policing also requires that all instances that involve hate are

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