Punishing Hate: Bias Crimes under American Law

Portada
Harvard University Press, 2009 M07 1 - 285 páginas

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.

Dentro del libro

 

Contenido

The Challenges of Punishing Hate
1
1 What Is a Bias Crime?
9
2 How Are Bias Crimes Different?
29
3 Why Are Bias Crimes Worse?
45
4 Who Is Guilty of a Bias Crime?
64
5 Are Bias Crime Laws Constitutional?
80
6 What Is the Federal Role in Prosecuting Bias Crimes?
110
7 Why Punish Hate?
161
Appendixes
177
Notes
205
Bibliographical Essay
253
Acknowledgments
261
Index
265
Derechos de autor

Otras ediciones - Ver todas

Punishing Hate
Frederick M. Lawrence
Vista de fragmentos - 1999
Punishing Hate
Frederick M. LAWRENCE
Sin vista previa disponible - 2002

Términos y frases comunes

argument assault basis bias crime laws bias crime statutes bias motivation bias-motivated Chaplinsky Chapter Civil Rights Act civil rights crimes Clever Bias Criminal Code Ann Colfax massacre color committed conduct Congress Congressional consequentialist constitutional criminal civil rights criminal law culpability defendants discriminatory selection model distinction doctrine ethnicity expression federal civil rights federal criminal jurisdiction federalism problem fighting words Fourteenth Amendment gender guilty H. L. A. Hart harm caused Hate Crimes Ibid Ku Klux Klan law enforcement Law Review legislation mens rea ment Mitchell model of bias Model Penal Code murder national origin parallel crime penalty-enhancement law perpetrator person prosecution protection punishment of bias pure bias crime Purse Snatcher race racial animus model racially motivated violence racist speech Reconstruction retributive Rodney King role Screws sexual orientation Stat Supreme Court Thirteenth Amendment tion Unconscious Racist United Unknowingly Offensive Actor vandalism victim violation Violent Show-Off Wisconsin Wyant

Pasajes populares

Página 84 - Whoever places on public or private property a symbol, object, appellation, characterization or graffiti, including, but not limited to, a burning cross or Nazi swastika, which one knows or has reasonable grounds to know arouses anger, alarm or resentment in others on the basis of race, color, creed, religion or gender...‎
Aparece en 156 libros desde 1953-2008
Página 224 - Principals (a) Whoever commits an offense against the United States or aids, abets, counsels, commands, induces or procures its commission, is punishable as a principal. (b) Whoever willfully causes an act to be done which if directly performed by him or another would be an offense against the United States, is punishable as a principal.‎
Aparece en 228 libros desde 1880-2007
Página 204 - If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws...‎
Aparece en 382 libros desde 1798-2007
Página 83 - if there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought — not free thought for those who agree with us but freedom for the thought that we hate.‎
Aparece en 259 libros desde 1902-2007
Página 98 - There are certain well-defined and narrowly limited classes of speech, the prevention and punishment of which have never been thought to raise any Constitutional problem. These include the lewd and obscene, the profane, the libelous, and the insulting or 'fighting' words — those which by their very utterance inflict injury or tend to incite an immediate breach of the peace.‎
Aparece en 306 libros desde 1798-2007
Página 34 - Act of 19722 provides, among other things, (1) that it shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex or national origin...‎
Aparece en 375 libros desde 1798-2007
Página 97 - No person shall address any offensive, derisive or annoying word to any other person who is lawfully in any street or other public place, nor call him by any offensive or derisive name...‎
Aparece en 91 libros desde 1886-2004
Página 231 - A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.‎
Aparece en 92 libros desde 1923-2007
Página 127 - That duty was originally assumed by the States, and it still remains there. The only obligation resting upon the United States is to see that the States do not deny the right. This the amendment guarantees, but no more. The power of the national government is limited to the enforcement of this guaranty.‎
Aparece en 127 libros desde 1776-2007

Referencias a este libro

Información bibliográfica

TítuloPunishing Hate: Bias Crimes under American Law
AutorFrederick M. Lawrence
Ediciónreimpresa
EditorHarvard University Press, 2009
ISBN0674040015, 9780674040014
Largo285 páginas
  
Exportar citaBiBTeX EndNote RefMan