CRM/LAW C107 Study Guide - Winter 2018, Comprehensive Midterm Notes - Hate Crime, Wisconsin, Theodor W. Adorno
12 Oct 2018
School
Department
Course
Professor
CRM/LAW C107
MIDTERM EXAM
STUDY GUIDE
Fall 2018
What makes something a “hate crime”?
1. A criminal offense
2. Evidence that the perpetrator’s actions are motivated by prejudice or animus against the
group represented by the victim
Federal Legal Definition of Hate Crime:
● “A criminal offense committed against a person, property, or society that is motivated, in
whole or in part, by the offender’s bias against a race, religion, disability, secual
oritnetation, or ethnicity/national origin”
Issues with the Legal Definitions:
● Traditional definitions assume law violation has occurred
○ Where do we see violence targeted at racial or ethnic groups that is legal?
● Serious violations which are legal
● Oppressive nature and intent of bias-motivated attacks
Hate Crime Laws
● Why do some people use the 1st Amendment as their defense when charged with a
Hate Crime?
● Wisconsin vs. Mitchell
○ Ruled it is not a violation of free speech
● “Violence or other types of potentially expressive activities that produce special harms
distinct from their communicate impact...are entitled to no constitutional protection”
How Common are Hate Crimes?
● FBI: over 6,000 incidents in 2016
● NCVS: over 100,000/year (44% reported to police)
● 88% of law enforcement agencies reported no hate crimes in their jurisdiction Data
Concerns
Who is Most Affected?
● Bureau of Justice Stats
○ Hate in 2015 (%)
■ Gender identity bias 1.7
■ Disability bias 1.2
■ Gender bias 0.4
■ Race bias 59.2
■ Religious bias 19.7
■ Sexual orientation bias 17.7
○ African American
Is “Hate Crime” the Appropriate Term?
● Some argue we should use “Bias Crime” instead
find more resources at oneclass.com
find more resources at oneclass.com
● In actual fact “hate” as a strong, negative emotional response is not necessarily
involved. Many ethnoviolent incidents are committed impulsively, or as acts of
conformity, or as calculated acts of intimidation designed to achieve specific ends of the
perpetrator (Ehrlich, 14)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
What makes something a hate crime : a criminal offense, evidence that the perpetrator"s actions are motivated by prejudice or animus against the group represented by the victim. A criminal offense committed against a person, property, or society that is motivated, in whole or in part, by the offender"s bias against a race, religion, disability, secual oritnetation, or ethnicity/national origin . Traditional definitions assume law violation has occurred. Oppressive nature and intent of bias-motivated attacks. Why do some people use the 1st amendment as their defense when charged with a. Ruled it is not a violation of free speech. Violence or other types of potentially expressive activities that produce special harms distinct from their communicate impactare entitled to no constitutional protection . Ncvs: over 100,000/year (44% reported to police) 88% of law enforcement agencies reported no hate crimes in their jurisdiction data. Some argue we should use bias crime instead.
