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
Hate crimes are terrible things that are becoming more and more common in America because people don’t like the way they look or feel. The purpose of the “ Debate: What is a Hate Crime” is to teach people of a crime that is becoming quite important in the society.
. Spaid argues that hate crime laws, sometimes referred to as “reform laws,” are ultimately ineffective, harmful, and maintain an oppressive and violent system in which it claims to resist. These laws “include crimes motivated by the gender identity and/or expression of the victim,” (79) implicated in seven states across the country, such as the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, created after the hate murders of these two men fueled by bigotry and hate. Proponents of these laws argue that they would work as “preventative messages,” and increase the regard in which these crimes are considered, under the terms of preserving the humanity of these victims, often trans women, while increasing their visibility. These
There are several reasons why offenders commit hate crimes, they vary from case to case, however, one key element is fear which is caused by ignorance. The offenders fear the unknown and the competition they feel that exists, them vs. the ‘others’. When fear is accompanied by other factors it could potentially lead to a violent crime. “The
The term hate crime first appeared in the late 1980’s as a way of understanding a racial incident in the Howard Beach section of New York City, in which a black man was killed while attempting to evade a violent mob of white teenagers, shouting racial epithets. Although widely used by the federal government of the United States, the media, and researchers in the field, the term is somewhat misleading because it suggests incorrectly that hatred is invariably a distinguishing characteristic of this type of crime. While it is true that many hate crimes involve intense animosity toward the victim, many others do not. Conversely, many crimes involving hatred between the offender and the victim are not ‘hate crimes’ in the sense intended here. For example an assault that arises out of a dispute between two white, male co-workers who compete for a promotion might involve intense hatred, even though it is not based on any racial or religious differences... ...
Hate crime legislation is needed. Crimes are on the upswing, becoming more public, more violent, and more acceptable in certain places of society. Without the proposed laws there is little chance that this shall become any less prevalent. As NGLTF, the National Gay and Lesbian Task Force, a well-respected agency who fights for equal rights for homosexuals, stated in their December 1997 article, the exclusion or removal of sexual orientation from hate crimes legislation by law makers is morally indefensible at a time when anti-gay violence is widespread. Failure to address this critical problem sends a dangerous message to law enforcement and the public that anti-gay violence does not exist, or worse, is somehow less reprehensible than violence against other minorities.
When the topic of hate and bias crime legislation is brought up two justifications commonly come to mind. In her article entitled “Why Liberals Should Hate ‘Hate Crime Legislation” author Heidi M. Hurd discusses the courts and states views that those who commit hate and bias crimes ought to be more severely punished. She takes into consideration both sides of the argument to determine the validity of each but ultimately ends the article in hopes to have persuaded the reader into understanding and agreeing with her view that laws concerning the punishment of hate and bias laws should not be codified. Hate crime is described as a violent, prejudice crime that occurs when a victim is targeted because of their membership in a specific group. The types of crime can vary from physical assault, vandalism, harassment or hate speech. Throughout the article Hurd tried to defend her view and explain why there should be no difference of punishment for similar crimes no matter the reason behind it. Her reason behind her article came from the law that President Obama signed in 2009 declaring that crimes committed with hatred or prejudice should have more sever punishments. While the court has their own views to justify their reasoning behind such decisions, in the article Hurd brings up points and facts to prove the wrongfulness of creating such a law. However, though Hurd has made her views clear in the following essay I will discuss reasons why the penalties are justifiable, why they should receive the same degree of punishment, less punishment and my personal view on the topic.
With making the laws more strict the victums of hate crimes will be gaining more security and more protection from having violence and abuse taken out on them.
The punishment of a crime should not be determined by the motivation for the crime, yet that is exactly what hate crime legislation does. It places emphasis on a crime for the wrong reasons. Hate crimes victimize more than just the victims, and this is why the punishments are more severe, but Sullivan argues that any crime victimizes more than the victims. He suggests that random crimes with no prejudice in place can be perceived as something even more frightening, as the entire community feels threatened instead of just a group. Proven in Sullivan’s article is the worthlessness of the “hate” label. I would agree that it only serves to further discriminate, instead of achieving the peace and equality that it pretends to stand
Lieberman M, Larner J. “Hate crime laws: punishment to fit the crime. Dissent”. 2010;(3):81. Available from: Academic OneFile, Ipswich, MA. Accessed April 1, 2014.
This is not to say that neo-Nazis or skinheads do not partake in criminal hate activities. By far the largest determinant of hate crimes is racial bias, with African Americans the group at greatest risk. In 1996, 60%, were promulgated because of race, with close to two-thirds (62%) targeting African Americans. Furthermore, the type of crime committed against this group has not changed much since the 19th century; it still includes bombing and vandalizing churches, burning crosses on home lawns, and murder. Ethnic minorities often become targets of hate crimes because they are perceived to be new to the country even if their families have been here for generations, or simply because they are seen as different from the mainstream population.
Hate crimes should not be punished differently than other crimes. The actual crime should be punished, not the reasoning behind it. The idea of punishing crimes differently based on victims might make some people or groups feel that others are more protected or valued than they are. The concept of punishing crimes differently because of motive is senseless, unnecessary, and an injustice.
...on, and Gendering of Federal Hate Crime Law in the U.S., 1985-1998.” University of California Press on behalf of the Society for the Study of Social Problems. 46: 548-571.
A hate crime is a crime, usually involving violence or intimidation committed against others based partially or entirely on race, ethnicity, gender, religion, sexual orientation or membership in another social group.
Today we have looked at the problem known as hate crimes and the varied causes which keep it in existence. We have also discussed some solutions to this act of hate.
There are many who believe hate crime should be punished more severely since it ‘’has the potential to cause greater harm.’’ (Hate Crime Laws, 2014) Hate crimes, like racial discrimination, have unfortunately been a part of this country