Hate Crimes Jacobs, James B.; Potter, Kimberly
05/1998
eBook
Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures ...passed a wave of “hate crime ” laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices. This book places in socio-legal perspective both the hate crime problem and society’s response to it. From the outset, Jacobs and Potter adopt a sceptical if not critical stance. They argue that hate crime is a hopelessly muddled concept and that legal definitions of the term are riddled with ambiguity and subjectivity. Moreover, no matter how hate crime is defined, the authors find no evidence to support the claim that the US is experiencing a hate crime epidemic--nor that the number or rate of hate crimes is at an historic zenith. Furthermore, assert the authors, the federal effort to establish a hate crime accounting system has been a failure. The authors argue that hate crime as a socio-legal category represents the elaboration of an identity politics that manifests itself in many areas of the law. However, the attempt to apply the anti-discrimination paradigm to criminal law generates a number of problems and anomalies. The underlying conduct that hate crime law prohibits is already subject to criminal punishment. Jacobs and Potter maintain that there is no persuasive rationale for saying that hate crimes are “worse “ or “more serious “ than similar crimes attributable to other anti-social motivations. Also, they argue that the effort to single out hate crime for greater punishment, in effect, is an effort to punish some offenders more seriously because of their bad beliefs, opinions, or values, thus implicating the First Amendment. Jabobs and Potter show that the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may in fact exacerbate intergroup tensions rather than eradicate prejudice.
Hate Crimes Jacobs, James B; Potter, Kimberly
1998
eBook
Early in the 1980s, a new category of crime appeared in the criminal law lexicon. In response to what was said to be an epidemic of prejudice-motivated violence, Congress and many state legislatures ...passed a wave of "hate crime" laws that required the collection of statistics and enhanced the punishment of crimes motivated by certain prejudices. This book places in socio-legal perspective both the hate crime problem and society's response to it. From the outset, Jacobs and Potter adopt a sceptical if not critical stance. They argue that hate crime is a hopelessly muddled concept and that legal definitions of the term are riddled with ambiguity and subjectivity. Moreover, no matter how hate crime is defined, the authors find no evidence to support the claim that the US is experiencing a hate crime epidemic-nor that the number or rate of hate crimes is at an historic zenith. Furthermore, assert the authors, the federal effort to establish a hate crime accounting system has been a failure. The authors argue that hate crime as a socio-legal category represents the elaboration of an identity politics that manifests itself in many areas of the law.; However, the attempt to apply the anti-discrimination paradigm to criminal law generates a number of problems and anomalies. The underlying conduct that hate crime law prohibits is already subject to criminal punishment. Jacobs and Potter maintain that there is no persuasive rationale for saying that hate crimes are "worse" or "more serious" than similar crimes attributable to other anti-social motivations. Also, they argue that the effort to single out hate crime for greater punishment, in effect, is an effort to punish some offenders more seriously because of their bad beliefs, opinions, or values, thus implicating the First Amendment. Jabobs and Potter show that the recriminalization of hate crime has
little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may in fact exacerbate intergroup tensions rather than eradicate prejudice.
This qualitative case study explored the perceptions of college students at Cooper University, a large state university in the Northeastern United States, regarding connectedness, sense of belonging, ...and campus climate. Data were collected through a student questionnaire (n=104), interviews (n=6), and digital journals (n=6). Four major themes emerged from the analysis: social/personal connectedness, academic connectedness, sense of belonging, and campus climate, each with three subthemes. The findings indicate that the meaning and authenticity of connections, rather than the quantity of connections, impact students' perceptions of connectedness. A strong sense of belonging is linked to basic needs being met, such as safety, acceptance, and access to human rights. Success in academic and social settings also contributes to a sense of belonging. The campus climate, including inclusivity, equity, representation, safety, and warmth, influences students' ability to connect and belong in the community. The findings highlight the need for authentic connections, representation of minoritized and marginalized groups, cohesiveness between social and academic life on campus, and opportunities for students to explore their identity in a diverse community. Additionally, the results emphasize the importance of meeting basic needs for students to feel a sense of belonging. First-year opportunities, such as mentorship, efficient communication of available resources, and avenues for connecting with peers in academic departments, may also benefit students. The dissertation citations contained here are published with the permission of ProQuest LLC. Further reproduction is prohibited without permission. Copies of dissertations may be obtained by Telephone (800) 1-800-521-0600. Web page: http://www.proquest.com/en-US/products/dissertations/individuals.shtml.
Extending the Brady Handgun Violence Prevention Act to include the secondary market of handgun transfers between non-dealers is probably unconstitutional under the Supreme Court's decision in Printz ...v. United States, which struck down the Act's requirement that state or local officials carry out background checks of prospective handgun purchasers. The Court declared in Printz that the federal government cannot compel the states to enact or administer federal regulatory programs. To require the states to perform background checks on prospective handgun purchasers plainly runs contrary to that rule.
Jacobs and Potter question whether the federal regulatory strategy for regulating firearms purchases or possession is likely to be successful. In doing so, they offer a case study of how regulatory ...goals far exceed capacity.
Hate Crimes: A Critical Perspective Jacobs, James B.; Potter, Kimberly A.
Crime and justice (Chicago, Ill.),
01/1997, Letnik:
22
Journal Article
Recenzirano
During the past decade, spurred by claims that the country is experiencing a hate crime epidemic, Congress and the majority of states have enacted laws increasing the punishment for crimes motivated ...by officially disfavored prejudices. Congress has also mandated a reporting system that aims to provide data on the incidence of hate crime. Some police departments have formed bias crime units. The upshot is the emergence of a new crime category and a new way to think about crime. The definition of hate crime, however, is fraught with problems, the federal data gathering effort has been completely unsuccessful, and enforcement of the hate crime laws has been minimal. Creation of a hate crime category fills political and symbolic functions but is unlikely to provide a useful indication of the state of various prejudices or to reduce crime generated by prejudice. Indeed, deconstructing criminal law according to the dictates of "identity politics" might exacerbate social divisions and conflict.
Regulating Gun Markets Cook, Philip J.; Molliconi, Stephanie; Cole, Thomas B.
The journal of criminal law & criminology,
10/1995, Letnik:
86, Številka:
1
Journal Article
Recenzirano
Gun control regulation as yet only affects the secondary gun market by increasing the price that the market charges for guns. Moreover, many illegally used guns are stolen. More stringent federal ...regulation of the gun market would decrease guns' availability to minors and criminals. Such a regulatory effort should start with data collection on the secondary gun market. Greater information on this market would have to precede a successful war on it.
Imagine That John Doe, a white man screaming anti-Asian epithets, beats an Asian man with a baseball bat. Doe confesses that he dislikes Asian people, because he thinks they are responsible for his ...unemployment. Imagine further that Richard Roe, also a white man, beats an Asian man with a baseball bat, while screaming nonracist curses and obscenities. Roe explains that he was appalled and angered by the victim’s cheering for the Boston Red Sox and booing the New York Yankees. Both Doe and Roe are convicted of aggravated battery. Roe is sentenced to two years imprisonment, the usual sentence for aggravated battery. Doe is sentenced to seven years imprisonment, the judge explaining that his anti-Asian prejudice requires the severest possible sentence. Does Doe’s punishment violate the First Amendment? Civil libertarians, torn between commitments to equality and free speech, are divided on this question.
What Is Hate Crime? Jacobs, James B.; Potter, Kimberly
Hate Crimes,
05/1998
Book Chapter
We cannot talk about how much hate crime exists in the United States or what to do about it until we are clear about what a hate crime is. This chapter shows that the concept of hate crime is loaded ...with ambiguity because of the difficulty of determining (1) what is meant by prejudice; (2) which prejudices qualify for inclusion under the hate crime umbrella; (3) which crimes, when attributable to prejudice, become hate crimes; and (4) how strong the causal link must be between the perpetrator’s prejudice and the perpetrator’s criminal conduct.
Federal, state, and local hate crime laws were passed to satisfy JL political and symbolic needs, not to fill gaps in criminal law, sentencing law, or criminal procedure. Nevertheless, once these ...laws are on the books, police and prosecutors must decide how to enforce them. This chapter examines the challenges and enforcement dilemmas of hate crime laws for police, prosecutors, criminal courts, trial judges, juries, and sentencing judges. It also examines what little is known about how these laws are used, how often, and with what consequences.
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