NCJ Number
232739
Date Published
2010
Length
20 pages
Annotation
Given the enactment of laws in many countries that are designed to counter the growing problem of hate-motivated crimes based on a victim's physical, ethnic, or religious characteristics or sexual orientation, this chapter considers theoretical issues regarding legislative provisions and law enforcement for hate crimes.
Abstract
Prior to the introduction of legislation that focuses on hate-motivated incidents; the determination of criminal liability for all offenses had focused on an act and whether the defendant intentionally, recklessly, or knowingly committed it. Although motive gives rise to intent, it was the latter and not the former that made an act criminal prior to hate-crime laws. Although some cases are clear-cut, the successful prosecution of most hate crimes is difficult because of the need to prove beyond reasonable doubt that the offender was motivated by prejudice and also because of the difficulty of proving that prejudice was the sole or predominant causal factor in the commission of the offense. As the "gatekeepers" of the criminal justice system, the decisions made by police officers, particularly those in the lower ranks, are critical in determining what and how much of an offense comes to the attention of the criminal justice system. In making the decision about whether or not to charge someone with a hate crime, police officers must make a decision about the offender's motivation in committing the crime. There is a significant amount of information that police in England and Wales as well as the United States have and are exercising their discretion disproportionately and unfavorably regarding minority groups. Possible explanations for this pattern of police decisionmaking are discussed. Two key issues are raised by this analysis: the ability of the police to respond effectively to hate crime and whether the police have the desire to respond effectively to hate crimes. 43 references