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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.
This book provides a unique insight into the lived realities of hate crime in Ireland and its treatment within the criminal justice system. The significance of the Irish case is contextualised within the European and global policy contexts and an overview of hate crime in Ireland, both north and south, and its differential treatment in each jurisdiction’s criminal justice system is offered. Presenting empirically grounded analyses of the experiences of commonly targeted identity groups in an Irish context, this study also draws upon their exposure to hate crime and challenges encountered in seeking redress. Combining theory, research and practice, this book represents legal, social, cultural and political concerns pertinent to understanding, preventing, deterring and combatting hate crime across Ireland. It incorporates a variety of perspectives on the hate crime paradigm and addresses many of the cutting-edge debates arising in the field of hate studies. Contributions from Irish and international academic researchers are complemented by applied pieces authored by practitioners and policy makers actively engaged with affected communities. This is a progressive and informed text which will be of great value to activists, policy makers and scholars of hate crime and criminal justice.
In The Name of Hate is the first book to offer a comprehensive theory of hate crimes, arguing for an expansion of the legal definitions that most states in the U.S. hold. Barbara Perry provides an historical understanding of hate crimes and provocatively argues that hate crimes are not an aberration of current society, but rather a by-product of a society still grappling with inequality, difference, fear, and hate.
Diversity, Crime, and Justice in Canada 3e is a contributed text edited by hate-crime specialist Barbara Perry, bringing together the country's leading scholars to address issues of inequality as they intersect with crime and social justice.