Hate Crime

(redirected from bias crime)
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A crime committed against a member of a particular group, motivated by a prejudice against that particular group
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Once shorn of the emotional appeal that would preclude careful legal analysis, this issue, as discussed below, is significant for any consideration of bias crime law.
"[A]lthough a good motive might mitigate punishment (or [discourage] prosecution), and a bad motive might aggravate punishment (or [encourage] prosecution), it is a truism within orthodoxy that motive has no bearing on liability itself." (1) According to Professor Jerome Hall, "hardly any part of penal law is more definitely settled than that motive is irrelevant." (2) The "irrelevance-of-motive maxim" (3)--the claim that one's motives are irrelevant to criminal liability--has received increasing attention in light of the modern debate over hate crime, or bias crime, (4) legislation.
The new unit launched an internal educational campaign to teach all officers how to recognize, respond to, and report hate or bias crimes. The unit also educated the gay community on the importance of being forthcoming about the nature of the crimes committed against them.
Viewed in this more expansive way, Lawrence argues, "the bias crime offender violates the equality principle, one of the most deeply held tenets in our legal system and our culture." (21) A similar view is expressed by Lawrence Crocker:
Lawrence, Punishing Hate: Bias Crimes under American Law (Cambridge: Harvard University Press, 1999) for a classic exposition of this position; see Jack Levin & Jack McDevitt, Hate Crimes: The Rising Tide of Bigotry and Bloodshed (New York: Plenum Publishing Corporation, 1993); Paul Iganski, "Why Make 'Hate' a Crime?" (1999) 19 Critical Social Policy 386 (illustrating the use of "hate crimes" in a UK context) [Iganski, "Hate a Crime"].
hate and bias crime legislation as an answer to the tragically brutal
Turner immediately filed a complaint with the police, who charged Wong with a bias crime. While Wong was being processed at the police station, she filed charges against Turner for theft of a doughnut.
A hate crime, also known as a bias crime, is 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, sexual orientation, or ethnicity/ national origin.
Several academic authorities on hate crimes in America identified three types of bias crime offenders: the thrill seeker, the reactive offender, and the hard-core offender.
(16) The statute enumerates certain already existing criminal transgressions that may be considered a bias crime if the defendant selects the person against whom the crime is committed "because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person." (17)
"We're not discounting this as a bias crime, but we do not want to fuel speculation in today's climate," Curtin told HFN.
By successfully engaging in these linking strategies of persuasion, advocates representing gays and lesbians proved crucial to the expansion of hate crime law to cover sexual orientation, thereby ensuring that gays and lesbians are routinely recognized as victims of bias crime. (63)