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Date: April 30, 2024 Tue
Time: 3:35 am
Time: 3:35 am
Results for hate crime legislation
2 results foundAuthor: Chalmers, James Title: A Comparative Analysis of Hate Crime Legislation: A Report to the Hate Crime Legislation Review Summary: In January 2017, the Scottish Government announced a review of hate crime legislation, chaired by Lord Bracadale. Lord Bracadale requested that, to assist the Review it its task, we produce a comparative report detailing principles underpinning hate crime legislation and approaches taken to hate crime in a range of jurisdictions. Work on this report commenced in late March 2017 and the final report was submitted to the Review in July 2017. Chapter 1 (What is Hate Crime?) explores what is meant by the term "hate crime", noting that different definitions may properly be used for different purposes. It notes that the legislative response to hate crime can be characterised by the definition offered by Chakraborti and Garland: the creation of offences, or sentencing provisions, "which adhere to the principle that crimes motivated by hatred or prejudice towards particular features of the victim's identity should be treated differently from 'ordinary' crimes". Chapter 2 (Hate Crime Legislation in Scotland) outlines the principal provisions of hate crime legislation, as identified in the Review's remit. These can be divided into two categories. First, sentence aggravation provisions, which do not create distinct criminal offences, but allow for offences aggravated by prejudice to be recorded as such and require the aggravation to be taken into account in sentencing. Secondly, substantive offences, which primarily consist of offences relating to the stirring up of racial hatred but also include offences of racially aggravated harassment and threatening communications intended to stir up hatred on religious grounds. Chapter 3 (Justifications for Punishing Hate Crime More Severely) considers the various possible justifications for treating hate crimes as more serious than parallel non-hate crimes. The possible justifications can be divided into three broad categories: harm-based justifications; culpability-based justifications; and denunciation-based justifications. Assessing the available evidence, it concludes that the argument that hate crimes are - compared to parallel non-hate crimes - more likely to cause harm both to the direct victim and to members of the group to which the victim belonged or was perceived to belong is particularly compelling. The argument that it is important to send a message to victims of hate crime that bias and inequality of treatment is roundly condemned by the State is also persuasive. Collectively, the harm argument and the denunciatory argument (and perhaps to a lesser extent the culpability argument) provide a compelling justification for punishing hate crime more severely Chapter 4 (Models of Hate Crime Legislation) considers two questions: first, how should hate crime be identified; and secondly, how should it be addressed - through substantive and distinct offences or the penalty attaching to general offences? In relation to the first question, it outlines two specific legislative models. The first is the discriminatory selection model (where a hate crime is committed where the victim has been selected because of their membership of a protected group). The second is the animus model (where the offender is motivated by, or demonstrates, prejudice against a protected group). It notes a clear preference for the animus model in legislative practice and strong arguments of principle in support. In relation to the second question, the chapter outlines three broad models: (i) the penalty enhancement model, (ii) the sentence aggravation model, and (iii) the substantive offence model, noting that jurisdictions may choose to combine these models rather than choosing one alone. It concludes by outlining the thresholds specified for a crime to count as a hate crime in a range of jurisdictions, and examines various questions about the precise formulation of these thresholds. Chapter 5 (Choice of Protected Characteristics) notes that the characteristics presently protected (in one form or another) under hate crime law in Scotland are race, religion, sexual orientation, disability and transgender identity. The chapter considers the range of characteristics protected in a range of other jurisdictions, noting that the characteristics protected in Scots law are the characteristics that are most commonly protected in the other jurisdictions analysed and that the two characteristics that are not presently protected in Scots law, but are most commonly protected in other jurisdictions, are age and sex . The chapter goes on to examine the principles which should guide a decision as to which characteristics should be protected. It notes a range of possibilities which have been identified in this respect, concluding that the most persuasive accounts are those that focus on identify groups that experience unjustified marginalisation or possess forms of difference that have a justifiable claim to respect. Chapter 6 (Hate Speech and Online Hate Crime) acknowledges that significant recent work has been carried out in relation to hate speech by the Law Commission and provides a high-level overview of the legal issues related to hate speech in a comparative perspective, including the applicability of legislation to online hate speech. It considers two questions of principle - what is hate speech, and what is the harm of hate speech? - before detailing offences relating to hate speech in a range of jurisdictions, considering both the legislative models adopted and the range of groups protected. It then outlines certain issues which arise in relation to hate speech online. Chapter 7 (Hate Crime Legislation in Selected Jurisdictions) details the legislative provisions relating to hate crime in a range of jurisdictions. The jurisdictions assessed are as follows: Australia (the six states and two territories are examined separately); Canada; England and Wales; New Zealand; Northern Ireland; Republic of Ireland; South Africa and ten jurisdictions in the United States of America (the jurisdictions selected for analysis being those which expressly protect characteristics which are not explicitly protected in any of the hate crime legislative provisions discussed elsewhere in the chapter). Chapter 8 (Approaches Taken in Other Jurisdictions Relevant to the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012) examines section 1 of the 2012 Act, which is distinct because it applies only to behaviour that takes place in relation to a regulated football match. The chapter outlines the background to the Act, sets out the offences contained in section 1 and details analogous legislation in other jurisdictions including England and Wales and Northern Ireland. Details: Edinburgh: Scottish Government, 2017. 149p. Source: Internet Resource: Accessed November 3, 2017 at: https://consult.scotland.gov.uk/hate-crime/independent-review-of-hate-crime-legislation/supporting_documents/495517_APPENDIX%20%20ACADEMIC%20REPORT.pdf Year: 2017 Country: United Kingdom URL: https://consult.scotland.gov.uk/hate-crime/independent-review-of-hate-crime-legislation/supporting_documents/495517_APPENDIX%20%20ACADEMIC%20REPORT.pdf Shelf Number: 147537 Keywords: Bias-Motivated CrimeHate CrimeHate Crime LegislationHate SpeechOnline VictimizationPrejudice |
Author: Campbell, Alastair P. (Lord Bracadale) Title: Independent Review of Hate Crime Legislation in Scotland: Final Report Summary: Lord Bracadale was appointed by Scottish Ministers in January 2017 to conduct an independent review of hate crime legislation in Scotland. He was asked to consider: - the current law and consider how well it deals with hate crime behaviour - whether new statutory aggravations should be created for example in relation to age and gender - whether the religious statutory aggravation is fit for purpose or should be expanded - whether we should make hate crime laws simpler by bringing them all together in one place - any issues or gaps in the framework for hate crime laws and to make sure that hate crime laws are compatible with laws that protect human rights and equality Lord Bracadale's report provides his recommendations which are based on evidence and what he has learnt from a wide range of people about their experiences of hate crime and the impact that this can have on individuals and communities. Lord Bracadale's report considers: - Whether hate crime laws are needed - What is working well under the current system and should be retained - What should be changed and what the benefit would be - What policy and procedural developments are underway or planned Details: Edinburgh, Scottish Government, 2018. 148p. Source: Internet Resource: Accessed June 8, 2018 at: http://www.gov.scot/Resource/0053/00535892.pdf Year: 2018 Country: United Kingdom URL: http://www.gov.scot/Resource/0053/00535892.pdf Shelf Number: 150512 Keywords: Bias-Motivated CrimeHate CrimeHate Crime LegislationHuman Rights Abuses |