Final Exam Ch. 13 Flashcards
- What is a “hate or bias crime?”
An act committed or attempted by one person or group against another or that persons property- that in any way constitutes an expression of hatred towards the victim based on his or her personal characteristics.
- What is a “trigger event?”
Incidents in which captures attention, promotes public disbelief, and prompt a sustained moral outcry.
- What is a “moral panic?”
A social problem that is considered to be so pervasive and damaging that it threates core values and beliefs.
- What is the significance in terms of hate crime when a trigger event, moral panic, and potent interest groups intersect?
The occurrence of a particularly horrendous or outrageous event, such as a cross burning or a heinous bias motivated death or a trigger event.
Media attention keeps the issue squarely in the forefront of the publics mind, and this coverage becomes an influential force
A third ingredient materializes when potent interest groups enter the scene.
Proponents’ such as the Anti Defamation League
Opponents such as the Ku Klux Klan.
- How is the federal Civil Rights Act applicable to hate crime?
It outlawed unfair employment practices. In other words, hiring, promoting or firing coworkers because of that person’s race, color, sex, national origin, or religion became illegal. This law extended civil right protection by guaranteeing equal access to housing. It prohibited any forms of discrimination when it came to selling, renting, or financing homes, residence, apartments, and other living facilities.
- What is a “sentencing enhancement,” and how does this idea fit in with hate crime?
If there are any condition are present, the judge can raise the applicable penalty allowed under sentencing guidelines.
Example:
A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.
A felony of the first degree is reclassified to a life felony
- What happened in the U.S. Supreme Court case of Wisconsin v. Mitchell (1993)?
Mitchell appealed the sentence on the ground that the hate crime sentencing enhancement was unconstitutional because it violated his 1st Amendment right.
- Court disagreed and upheld the judge imposition of a penalty enhancement as appropriate.
- What issues were involved in the U.S. Supreme Court case of Virginia v. Black (2003)?
The defendants maintained that the 1st Amendment protects freedom of speech and that cross burning fell within this blanket. The Court countered that while the first Amendment does protect freedom of speech, this safeguard does not automatically extend to every single expression.
- Link the concepts of “fighting words” and “true threats” to the First Amendment.
Encompass those statements where the speaker means to communicate a serious expression to commit an act of unlawful violence to a particular individual or group of individuals.
- Why have some legislative bodies addressed “the hangman’s noose?”
1- The hanging of nooses is a reprehensible act when used for the purpose of intimidation and under certain circumstance can be criminal
2- incidents involving the hangin of a noose should investigated thoroughly by Federal, State, and local law enforcement, and all private entities and individuals should be encouraged to cooperate with any such investigation
3- any criminal violation involving the hanging of nooses should be vigorously prosecuted.
- How does the FBI gather information pertaining to hate crime?
Integrates hate crimes into it national data collection effort
- According to the FBI, what is the most common form of hate crime?
Racial intimidation.
- Explain the decision process in Table 13–6 pertaining to hate crime victimization.
- perception of the victim and witnesses about the crime
- the perpetrator comments, gestures or written statements that reflects bias, including graffiti or other symbols
- any difference between perpetrator and victim, whether actual or perceived by the perpetrator
- similar incidents in the same location or neighborhood to determine whether a pattern exist
- whether the incidents coincided with a holiday or data of particular significance
- involvement of organized hate groups or their members
- absence of any other motive, such as economic gain.
- What is a “third-party watch group” and what do they do?
A number of independent organizations whose mission is to monitor the activities of various hate crime groups.
- What is a “false zero” and how does this problem affect reports of hate crime?
Matching media reports of hate crime incidents against officials reports revealed a number of discrepancies.