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.
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An in-depth critique of the USA's dominant political and legal response to hate crime in the STUDIES IN CRIME AND PUBLIC POLICY series. The fallacious construction of hate crime epidemics by politicians and the media is considered, and it is argued that the laws created in response to such prejudicial views can be regarded as symbolic politics.
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... contains compelling and insightful evidence regarding the place and role of criminal law in dealing with hate crime.
"At last, a book that thinks clearly and carefully about laws that have been too close to motherhood and apple pie to get the scrutiny they need. Hate Crimes shines with the authors' passion for justice, and its meticulously argued verdict ought to make even the staunchest supporters of hate-crimes laws think twice. This will--or should--be a touchstone for future debate."--Jonathan Rauch, author of Kindly Inquisitors: The New Attacks on Free Thought "Activists, pundits, and legislators who champion 'hate crime' laws will be hard-put to answer this stunning, caring book. Jacobs and Potter show how such laws may advance their sponsors' political status and moral self-importance yet diminish tolerance and justice. This definitive analysis will change the debate--and, let us hope, a sorry miscarriage of the law."--Jim Sleeper, author of Liberal Racism and The Closest of Strangers "This book brings careful scrutiny and sociological wisdom to a legal innovation that desperately needs it. The debate over hate crimes will never be the same."--Peter Schuck, Yale Law School "Jacobs and Potter rigorously and provocatively suggest that criminalizing prejudice, motivated by symbolic politics and moral outrage, may not be sensible criminal justice policy and, indeed, may worsen problems criminalization seeks to remedy. Hate Crimes: Criminal Law and Identity Politics is challenging and rewarding reading."--Stephen J. Morse, University of Pennsylvania Law School and University of Pennsylvania School of Medicine "This slim, well-written volume does the legal heavy lifting of many books five times its size...an essential guide to the origin, politics, and enforcement of hate crime laws."--The New York Times Book Review "adopt a skeptical, if not critical, stance maintaining that legal definitions of hate crimes are riddled with ambiguity and subjectivity"--The Literature of Criminal Justice, 1998-2001 "At last, a book that thinks clearly and carefully about laws that have been too close to motherhood and apple pie to get the scrutiny they need. Hate Crimes shines with the authors' passion for justice, and its meticulously argued verdict ought to make even the staunchest supporters of hate-crimes laws think twice. This will--or should--be a touchstone for future debate."--Jonathan Rauch, author of Kindly Inquisitors: The New Attacks on Free Thought "Activists, pundits, and legislators who champion 'hate crime' laws will be hard-put to answer this stunning, caring book. Jacobs and Potter show how such laws may advance their sponsors' political status and moral self-importance yet diminish tolerance and justice. This definitive analysis will change the debate--and, let us hope, a sorry miscarriage of the law."--Jim Sleeper, author of Liberal Racism and The Closest of Strangers "This book brings careful scrutiny and sociological wisdom to a legal innovation that desperately needs it. The debate over hate crimes will never be the same."--Peter Schuck, Yale Law School "Jacobs and Potter rigorously and provocatively suggest that criminalizing prejudice, motivated by symbolic politics and moral outrage, may not be sensible criminal justice policy and, indeed, may worsen problems criminalization seeks to remedy. Hate Crimes: Criminal Law and Identity Politics is challenging and rewarding reading."--Stephen J. Morse, University of Pennsylvania Law School and University of Pennsylvania School of Medicine "This slim, well-written volume does the legal heavy lifting of many books five times its size...an essential guide to the origin, politics, and enforcement of hate crime laws."--The New York Times Book Review "Where's the problem with the laws themselves? To that, Hate Crimes offers a wide-ranging response, and a number of its arguments hit the target."--Wall Street Journal "This excellent, well-written volume fills a real gap in the academic literature. It is comprehensive and willing to dissect the flawed enterprise of finding nobility in the pursuit of ignoble crimes...The authors' well-placed agnosticism on the overall enterprise of hate crimes, based on empirical studies, as well as the cultural minefields of multiculturalism, gives us, in the end, a powerful indictment of the new flavor of the day and a faith in one overarching principle of a neutral rule of law."--New York Law Journal "An important work which draws our attention to a serious issue....This book could make a vital resource for elected officials who may want to take a critical look at attempts to reform hate crime laws."--National Catholic Register
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Offers a skeptical if not critical assessment of a topical issue--"hate crime" Fully explores the ties of both the people and the legislatures to this phenomenon Evaluates the socio-legal implications of laws rooted in identity politics
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James B. Jacobs, Director of New York University's Center for Research in Crime and Justice, is Professor of Law at the NYU School of Law. Kimberly Potter, formerly a Senior Research Fellow at NYU's Center for Research in Crime and Justice, is now in private law practice in Bronxville, NY.
Les mer
Offers a skeptical if not critical assessment of a topical issue--"hate crime" Fully explores the ties of both the people and the legislatures to this phenomenon Evaluates the socio-legal implications of laws rooted in identity politics
Les mer

Produktdetaljer

ISBN
9780195114485
Publisert
1998
Utgiver
Vendor
Oxford University Press Inc
Vekt
519 gr
Høyde
241 mm
Bredde
162 mm
Dybde
22 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
222

Biographical note

James B. Jacobs, Director of New York University's Center for Research in Crime and Justice, is Professor of Law at the NYU School of Law. Kimberly Potter, formerly a Senior Research Fellow at the Center for Research in Crime and Justice, is now in private law practice in Bronxville, NY.