Punishing hate : bias crimes under American law / Frederick M. Lawrence.

Format:

Book

Author/Creator:

Lawrence, Frederick M., 1955-

Language:

English

Subjects (All):

Hate crimes--United States.

Hate crimes.

Punishment--Moral and ethical aspects.

Punishment.

Physical Description:

1 online resource (xi, 269 p.)

Edition:

1st ed.

Place of Publication:

Cambridge, MA : Harvard University Press, 2002.

Language Note:

English

Summary:

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.

Contents:

Frontmatter

Contents

Preface

Introduction: The Challenges of Punishing Hate

CHAPTER 1 What Is a Bias Crime?

CHAPTER 2 How Are Bias Crimes Different?

CHAPTER 3 Why Are Bias Crimes Worse?

CHAPTER 4 Who Is Guilty of a Bias Crime?

CHAPTER 5 Are Bias Crime Laws Constitutional?

CHAPTER 6 What Is the Federal Role in Prosecuting Bias Crimes?

CHAPTER 7 Why Punish Hate?

APPENDIXES

Appendix A: State Bias Crime Laws

Appendix B: Sample Discriminatory Selection Statutes

Appendix C: Sample Racial Animus Statutes

Appendix D: Sample “Because of” Statutes

Appendix E: Sample “Because of” Statutes with Additional Element of Maliciousness

Appendix F: Sample Institutional Vandalism Statutes

Appendix G: Other Relevant Statutes

Historical Appendix

Notes

Bibliographical Essay

Acknowledgments

Index

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references (p. 205-251) and index.

ISBN:

9780674040014

0674040015

OCLC:

923110786