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Author: Frederick M. Lawrence
Publisher: Harvard University Press
ISBN: 0674040015
Category : Law
Languages : en
Pages : 287
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Book Description
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.
Author: Frederick M. Lawrence
Publisher: Harvard University Press
ISBN: 0674040015
Category : Law
Languages : en
Pages : 287
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Book Description
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.
Author: Clara S. Lewis
Publisher: Rutgers University Press
ISBN: 0813562325
Category : Social Science
Languages : en
Pages : 169
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Book Description
Why do we know every gory crime scene detail about such victims as Matthew Shepard and James Byrd Jr. and yet almost nothing about the vast majority of other hate crime victims? Now that federal anti-hate-crimes laws have been passed, why has the number of these crimes not declined significantly? To answer such questions, Clara S. Lewis challenges us to reconsider our understanding of hate crimes. In doing so, she raises startling issues about the trajectory of civil and minority rights. Tough on Hate is the first book to examine the cultural politics of hate crimes both within and beyond the law. Drawing on a wide range of sources—including personal interviews, unarchived documents, television news broadcasts, legislative debates, and presidential speeches—the book calls attention to a disturbing irony: the sympathetic attention paid to certain shocking hate crime murders further legitimizes an already pervasive unwillingness to act on the urgent civil rights issues of our time. Worse still, it reveals the widespread acceptance of ideas about difference, tolerance, and crime that work against future progress on behalf of historically marginalized communities.
Author: Nadine Strossen
Publisher: Oxford University Press
ISBN: 019085913X
Category : Law
Languages : en
Pages : 233
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Book Description
The updated paperback edition of HATE dispels misunderstandings plaguing our perennial debates about "hate speech vs. free speech," showing that the First Amendment approach promotes free speech and democracy, equality, and societal harmony. As "hate speech" has no generally accepted definition, we hear many incorrect assumptions that it is either absolutely unprotected or absolutely protected from censorship. Rather, U.S. law allows government to punish hateful or discriminatory speech in specific contexts when it directly causes imminent serious harm. Yet, government may not punish such speech solely because its message is disfavored, disturbing, or vaguely feared to possibly contribute to some future harm. "Hate speech" censorship proponents stress the potential harms such speech might further: discrimination, violence, and psychic injuries. However, there has been little analysis of whether censorship effectively counters the feared injuries. Citing evidence from many countries, this book shows that "hate speech" are at best ineffective and at worst counterproductive. Therefore, prominent social justice advocates worldwide maintain that the best way to resist hate and promote equality is not censorship, but rather, vigorous "counterspeech" and activism.
Author: Danielle Keats Citron
Publisher: Harvard University Press
ISBN: 0674368290
Category : Computers
Languages : en
Pages : 352
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Book Description
The author examines the controversies surrounding cyber-harassment, arguing that it should be considered a matter for civil rights law and that social norms of decency and civility must be leveraged to stop it. --Publisher information.
Author: James B. Jacobs
Publisher: Oxford University Press
ISBN: 0190286318
Category : Law
Languages : en
Pages : 224
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Book Description
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.
Author: Michael Herz
Publisher: Cambridge University Press
ISBN: 1107375614
Category : Law
Languages : en
Pages : 569
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Book Description
The contributors to this volume consider whether it is possible to establish carefully tailored hate speech policies that are cognizant of the varying traditions, histories and values of different countries. Throughout, there is a strong comparative emphasis, with examples (and authors) drawn from around the world. All the authors explore whether or when different cultural and historical settings justify different substantive rules given that such cultural relativism can be used to justify content-based restrictions and so endanger freedom of expression. Essays address the following questions, among others: is hate speech in fact so dangerous or harmful to vulnerable minorities or communities as to justify a lower standard of constitutional protection? What harms and benefits accrue from laws that criminalize hate speech in particular contexts? Are there circumstances in which everyone would agree that hate speech should be criminally punished? What lessons can be learned from international case law?
Author: Frank S. Pezzella
Publisher: Springer
ISBN: 3319408429
Category : Social Science
Languages : en
Pages : 87
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Book Description
This Brief provides a clearly outlined and accessible overview of the challenges in creating and enforcing hate crime legislation in the United States. As the author explains, while it is generally not controversial that hate crime behavior should be stopped, the question of how to do so effectively is complex. This volume begins with an introduction about defining hate crimes, and the history of hate crimes and hate crime legislation in the United States. The author shows arguments in favor of hate crime statutes, for example: hate crimes reach beyond their victims to members of the victims’ protected group and cohesion of society at large, and should therefore carry higher penalties.The author also shows arguments against hate crime statutes, for example that they sometimes contain enhanced penalties for certain specially protected groups and not others, and have a high potential for ambiguity and uneven enforcement. From a law enforcement perspective, the author explores the practical challenges in enforcing these statutes, and solutions to address them. Investigative techniques and resources vary significantly across police departments, as does training to identify and distinguish hate crimes from ordinary crimes. There is high potential for law enforcement and prosecutors’ personal biases to effect the classification of crimes as hate crimes. Law enforcement organizations are constantly faced with the dilemma of what and how to enforce legislation. This brief will be relevant for researchers in criminology and criminal justice, policy makers involved in hate crime legislation, social justice, and police-community relations, as well as related fields such as sociology, public policy and demography.
Author: Michel Foucault
Publisher: Vintage
ISBN: 0307819299
Category : Social Science
Languages : en
Pages : 354
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Book Description
A brilliant work from the most influential philosopher since Sartre. In this indispensable work, a brilliant thinker suggests that such vaunted reforms as the abolition of torture and the emergence of the modern penitentiary have merely shifted the focus of punishment from the prisoner's body to his soul.
Author: Jack Levin
Publisher: Springer
ISBN: 1489961089
Category : Social Science
Languages : en
Pages : 296
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Book Description
Author: Cesare Beccaria
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584776382
Category : Criminal justice, Administration of
Languages : en
Pages : 274
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Book Description
Reprint of the fourth edition, which contains an additional text attributed to Voltaire. Originally published anonymously in 1764, Dei Delitti e Delle Pene was the first systematic study of the principles of crime and punishment. Infused with the spirit of the Enlightenment, its advocacy of crime prevention and the abolition of torture and capital punishment marked a significant advance in criminological thought, which had changed little since the Middle Ages. It had a profound influence on the development of criminal law in Europe and the United States.
