Required Reading

Question 1

Social beliefs and recidivism

Answer 1

Beliefs/prejudices place recidivism at a rate almost twice the actual rate

One in four people reoffend (belief = 1 in 2)

Drug-traffickers - ‘constructed reality’ believe it is 6 times greater than it is

Women overestimate recidivism

Factors: employment, drug use, area (low/mid SES

Question 2

Hate crimes - are they achieving their goals

Answer 2

s21A(2)(h) - designed to tackle prejudice, discrimination, and violence against subjugated groups

Ultimately imposes heavier sentence upon offenders to which it implies

Another example of punitive punishment that is unjustifiable

Question 3

Three models of hate crime

Answer 3

Penalty enhancement model - imposes an additional maximum penalty if the offence is motivated by a hate crime

Sentence aggravation model - gives judge more discretion than the penalty enhancement model (takes motivation into account)

Substantive offence model - provisions that criminalise conduct that or is motivated by prejudice or group hate

Question 4

Issues with hate crime laws

Answer 4

Hate crime laws appear to be a product of political pressure stemming from moral panic stemming from gang rape in Sydney

Four issues:
Group hatred not individual hatred
Intra-group hatred: religion and political views
Motive v group selection test (hatred v stereotypes
Protected groups: paedophiles