Punishing Hate
Punishing Hate

Author: Frederick M. Lawrence

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 287

ISBN-13: 0674040015

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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.

Tough on Hate?
Tough on Hate?

Author: Clara S. Lewis

Publisher: Rutgers University Press

Published: 2013-12-13

Total Pages: 169

ISBN-13: 0813562325

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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.

Hate Crimes in Cyberspace
Hate Crimes in Cyberspace

Author: Danielle Keats Citron

Publisher: Harvard University Press

Published: 2014-09-22

Total Pages: 352

ISBN-13: 0674368290

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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.

HATE
HATE

Author: Nadine Strossen

Publisher: Oxford University Press

Published: 2018-04-02

Total Pages: 233

ISBN-13: 019085913X

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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.

The Content and Context of Hate Speech
The Content and Context of Hate Speech

Author: Michael Herz

Publisher: Cambridge University Press

Published: 2012-04-09

Total Pages: 569

ISBN-13: 1107375614

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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?

Discipline and Punish
Discipline and Punish

Author: Michel Foucault

Publisher: Vintage

Published: 2012-04-18

Total Pages: 354

ISBN-13: 0307819299

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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.

Hate Crimes
Hate Crimes

Author: James B. Jacobs

Publisher: Oxford University Press

Published: 2000-12-28

Total Pages: 224

ISBN-13: 0190286318

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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.

Policing Hatred
Policing Hatred

Author: Jeannine Bell

Publisher: NYU Press

Published: 2004-07-12

Total Pages: 239

ISBN-13: 0814798985

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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.

Considering Hate
Considering Hate

Author: Kay Whitlock

Publisher: Beacon Press

Published: 2015-01-06

Total Pages: 185

ISBN-13: 0807091928

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A provocative book about rethinking hatred and violence in America Over the centuries American society has been plagued by brutality fueled by disregard for the humanity of others: systemic violence against Native peoples, black people, and immigrants. More recent examples include the Steubenville rape case and the murders of Matthew Shepard, Jennifer Daugherty, Marcelo Lucero, and Trayvon Martin. Most Americans see such acts as driven by hate. But is this right? Longtime activists and political theorists Kay Whitlock and Michael Bronski boldly assert that American society’s reliance on the framework of hate to explain these acts is wrongheaded, misleading, and ultimately harmful. All too often Americans choose to believe that terrible cruelty is aberrant, caused primarily by “extremists” and misfits. The inevitable remedy of intensified government-based policing, increased surveillance, and harsher punishments has never worked and does not work now. Stand-your-ground laws; the US prison system; police harassment of people of color, women, and LGBT people; and the so-called war on terror demonstrate that the remedies themselves are forms of institutionalized violence. Considering Hate challenges easy assumptions and failed solutions, arguing that “hate violence” reflects existing cultural norms. Drawing upon social science, philosophy, theology, film, and literature, the authors examine how hate and common, even ordinary, forms of individual and group violence are excused and normalized in popular culture and political discussion. This massive denial of brutal reality profoundly warps society’s ideas about goodness and justice. Whitlock and Bronski invite readers to radically reimagine the meaning and structures of justice within a new framework of community wholeness, collective responsibility, and civic goodness.