Hate Crimes Flashcards

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1
Q

what is a hate crime

A
  • Crime motivated by malice and ill-will towards a social group
  • Motivated by hatred or prejudice towards particular features of the victim’s identity
  • Involves acts of violence and intimidation, usually directed towards already stigmatized and marginalized groups
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2
Q

Characteristics of Hate Crime

A
  • 1/3 of hate crime in Scotland involved a victim who experienced an incident at their place of work or whilst undertaking duties as part of their occupation
  • 2/3 of hate crime victims and ¾ of perpetrators were male
  • In 50% of the crimes, the victim didn’t know the perpetrator
  • Occur in a range of settings
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3
Q

what were the five protected characteristics in The Equality Act 2010

A
  • Race
  • Religion
  • Sexual orientation
  • Transgender identity
  • Disability
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4
Q

explain the case of R v EL-Faisal (2004) EWCA Crim 456 and what sections apply

A
  • Made audiotapes containing inflamamatory material
  • S18(1) offence and S21(1)
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5
Q

what is S18(1) offence

A

using threatening, abusive or insulting words or behavior with intent to stir up racial hatred

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6
Q

what is S21(1) offence

A

distributing threatening, abusive or insulting recordings of sound with intent to stir up racial hatred

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7
Q

explain the case of explain Wilson v PF 2005 HCJAC 97 and what sections apply

A
  • Distributing political leaflets on behalf of the BNP
  • S19(1)(a)
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8
Q

what is the S19(1)(a) offence

A

distributing written material likely to create racial hatred

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9
Q

S.50A Criminal Law Act 1995:

A

Conduct that constitutes racially-aggravated harassment

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10
Q

case facts for Anderson v Griffiths 2005

A

Stated that the accused didn’t act in a racially aggravated manner by using the term ‘asylum seeker’ as there was no evidence that remarks were targeted at a racial group

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11
Q

case facts for Martin v Bott 2005

A
  • Accused charged with acting in a racially aggravated manner by shouting as a spectator at a football match
  • Not established that the person against whom the racially aggravated conduct was directed was affected
  • Racially aggravated breach of the peace charge substituted for s.50 charge
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12
Q

case facts for Mclntyre v HMA 2005

A
  • verbal harassment
  • Telephone calls over 21 months involving racial remarks and threats of violence
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13
Q

case facts for Donnachie v PF 2012

A
  • sincere and genuine belief in political views was no excuse
  • Comments motivated by political views was no excuse
  • Behavior caused alarm and distress
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14
Q

what is stated in S96 Crime and Disorder Act 1998

A

certain listed offences can be racially or religiously aggravated, e.g. a person commits a crime and in doing so demonstrates, or is motivated by hostility on the grounds of race/ religion, that offence becomes a separate and additional aggravated offence

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15
Q

case example for S96 Crime and Disorder Act 1998

A

Dyer v Hutchison 2006

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16
Q

what were the proposals to widen the scope to in the Independent Review of Hate Crime Legislation in Scotland 2018

A
  • Any crime motivated by Gender
  • Any crime motivated by Age
  • Online Hate Crime
17
Q

what is the Hate Crime and Public Order Act 2012

A
  • legislation will modernise, consolidate and extend existing hate crime law ensuring it is fit for the 21st century
  • act brings together the aggravation of offences by prejudice in relation to seven characteristics in one place and clarifies the consequences of an aggravation
18
Q

what was established in Section 3; Racially aggravated harassment

A

Widens the offence of ‘stirring up’ hatred, which before applied only in relation to racial hatred, to stirring up hatred defined by refrence to the seven protected characteristics

19
Q

explain Section 4; Offences of Stirring up hatred

A
  • Previoulsy applied only in relation to racial hatred but now proscribes to stirring up hatred against persons possessing any of the seven protected characteristics
  • Can be against both an individual or a group
20
Q

what are the statutory defences under S4(4) and s4(5)

A

he behavior, or communication, of the material was, in the particular circumstances, ‘reasonable’