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Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system. In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality. Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.
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.
Using data from the Uniform Crime Reporting Hate Crime Statistics Program and the National Crime Victimization Survey, this brief highlights the uniqueness of hate or bias crime victimization. It compares these to non-bias crimes and delineates the situational circumstances that distinguish bias from non-bias offending. The nuances of under-reporting shed light on bias-group and victim reasons for not reporting. By examining measurement issues associated with data collection systems, this brief helps explain why eighty-nine percent of participating law enforcement agencies report zero hate crimes each year. It describes patterns and trends in reporting the volume of general bias motivations and specific bias types, as the most prevalent hate crime offense types and most likely victims and offenders. With recommendations to address issues in measurement and under-reporting, including an action plan by the Enhance the Response to Hate Crimes Advisory Committee and the International Association of Chiefs of Police, a best practice model by the Oak Creek Police Department, and other promising law enforcement reporting models, this brief provides an increasingly critical resource for law enforcement practitioners and researchers dealing with hate crimes.
"Poignant....important and illuminating."—The New York Times Book Review "Groundbreaking."—Bryan Stevenson, New York Times bestselling author of Just Mercy From one of the world’s leading experts on unconscious racial bias come stories, science, and strategies to address one of the central controversies of our time How do we talk about bias? How do we address racial disparities and inequities? What role do our institutions play in creating, maintaining, and magnifying those inequities? What role do we play? With a perspective that is at once scientific, investigative, and informed by personal experience, Dr. Jennifer Eberhardt offers us the language and courage we need to face one of the biggest and most troubling issues of our time. She exposes racial bias at all levels of society—in our neighborhoods, schools, workplaces, and criminal justice system. Yet she also offers us tools to address it. Eberhardt shows us how we can be vulnerable to bias but not doomed to live under its grip. Racial bias is a problem that we all have a role to play in solving.
Policing Hatred explores the intersection of race and law enforcement in the controversial area of hate crime. The nation’s attention has recently been focused on high-profile hate crimes such as the dragging death of James Byrd and the torture-murder of Matthew Shepard. This book calls attention to the thousands of other individuals who each year are attacked because of their race, religion, or sexual orientation. The study of hate crimes challenges common assumptions regarding perpetrators and victims: most of the accused tend to be white, while most of their victims are not. Policing Hatred is an in-depth ethnographic study of how hate crime law works in practice, from the perspective of those enforcing it. It examines the ways in which the police handle bias crimes, and the social impact of those efforts. Bell exposes the power that law enforcement personnel have to influence the social environment by showing how they determine whether an incident will be charged as a bias crime. Drawing on her unprecedented access to a police hate crime unit, Bell’s work brings to life the stories of female, Black, Latino, and Asian American detectives, in addition to those of their white male counterparts. Policing Hatred also explores the impact of victim’s identity on each officers handling of bias crimes and addresses how the police treat defendants’ First Amendment rights. Bell’s vivid evidence from the field argues persuasively for the need to have the police diligently address even low-level offenses, such as vandalism, given their devastating cumulative effects on society.
Covering everything from hate groups and extremist exploits to Black church arsons and the fall out violence from 9/11; this is an important collection that sheds much-needed light on this growing problem.
Violence motivated by racism, anti-Semitism, misogyny, and homophobia weaves a tragic pattern throughout American history. Fueled by recent high-profile cases, hate crimes have achieved an unprecedented visibility. Only in the past twenty years, however, has this kind of violence—itself as old as humankind—been specifically categorized and labeled as hate crime. Making Hate a Crime is the first book to trace the emergence and development of hate crime as a concept, illustrating how it has become institutionalized as a social fact and analyzing its policy implications. In Making Hate a Crime Valerie Jenness and Ryken Grattet show how the concept of hate crime emerged and evolved over time, as it traversed the arenas of American politics, legislatures, courts, and law enforcement. In the process, violence against people of color, immigrants, Jews, gays and lesbians, women, and persons with disabilities has come to be understood as hate crime, while violence against other vulnerable victims-octogenarians, union members, the elderly, and police officers, for example-has not. The authors reveal the crucial role social movements played in the early formulation of hate crime policy, as well as the way state and federal politicians defined the content of hate crime statutes, how judges determined the constitutional validity of those statutes, and how law enforcement has begun to distinguish between hate crime and other crime. Hate crime took on different meanings as it moved from social movement concept to law enforcement practice. As a result, it not only acquired a deeper jurisprudential foundation but its scope of application has been restricted in some ways and broadened in others. Making Hate a Crime reveals how our current understanding of hate crime is a mix of political and legal interpretations at work in the American policymaking process. Jenness and Grattet provide an insightful examination of the birth of a new category in criminal justice: hate crime. Their findings have implications for emerging social problems such as school violence, television-induced violence, elder-abuse, as well as older ones like drunk driving, stalking, and sexual harassment. Making Hate a Crime presents a fresh perspective on how social problems and the policies devised in response develop over time. A Volume in the American Sociological Association's Rose Series in Sociology
Hate Crimes: Typology, Motivations, and Victims offers a fresh perspective on the study of hate crimes. With separate chapters on LGBT, race, religion, and gender motivated hate crimes, the book focuses on the various targets of these crimes and examines the theories and motivations that drive perpetrators to commit these acts of hate. To address the increase in hate crimes occurring on campuses and in cyberspace, the book also includes chapters on campus hate crimes and virtual hate. Editors Robin Valeri and Kevin Borgeson and their contributors draw on theories from criminology, psychology, and sociology to explore the ideologies of hatemongers and extremist groups. No competing text offers such in-depth and nuanced coverage of hate and the contributing factors to one of the fastest growing social problems in America. The newly updated second edition opens each chapter with a relevant case study and includes a new chapter on hate crimes targeting people with disabilities. To keep up with the ever-changing digital landscape, the chapter on virtual hate has also added a discussion on the role of gaming, gaming adjacent platforms, and gamification in spreading hate. A core text for courses on hate crimes as well as an excellent supplement for any social problems class, Hate Crimes: Typology, Motivations, and Victims provides important insights into the growth and evolution of the field of hate crimes and hate studies. The chapter themes make this a highly readable text for criminal justice, psychology, or sociology professors and students as well as practitioners in the field.
Hate crimes against Native Americans are a common occurrence, Barbara Perry reveals, although most go unreported. In this eye-opening book, Perry shines a spotlight on these acts, which are often hidden in the shadows of crime reports. She argues that scholarly and public attention to the historical and contemporary victimization of Native Americans as tribes or nations has blinded both scholars and citizens alike to the victimization of individual Native Americans. It is these acts against individuals that capture her attention. Silent Victims is a unique contribution to the literature on hate crime. Because most extant literature treats hate crimesÑeven racial violenceÑrather generically, this work breaks new ground with its findings. For this book, Perry interviewed nearly 300 Native Americans and gathered additional data in three geographic areas: the Four Corners region of the U.S. Southwest, the Great Lakes, and the Northern Plains. In all of these locales, she found that bias-related crime oppresses and segregates Native Americans. Perry is well aware of the history of colonization in North America and its attendant racial violence. She argues that the legacy of violence today can be traced directly to the genocidal practices of early settlers, and she adds valuable insights into the ways in which ÒIndiansÓ have been constructed as the Other by the prevailing culture. PerryÕs interviews with Native Americans recount instances of appalling treatment, often at the hands of law enforcement officials. In her conclusion, Perry draws from her research and interviews to suggest ways in which Native Americans can be empowered to defend themselves against all forms of racist victimization.
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.