Week 5 (A) : Policing Hate Crime: Definitions & Laws Flashcards
2 types of models defining hate crime ?
Hatred Motivation Model (racial animus model)
Group Selection Model
what is the hatred motivation model
suspect must ..
… expression
Mainly adopted in Europe
Suspect must demonstrate or be (partly) motivated by identity based hostility
Verbal expression of hostility in the moment or a previous history
what is group selection model
suspect must simply …
Mainly used in United States
Suspect must simply “intentionally select” their victim “because of” their belonging to a protected group
This model can capture more ‘hate crime’ cases
what is hate motivation
Hate crimes and incidents are taken to mean any crime or incident where the perpetrator’s hostility or prejudice against an identifiable group of people is a factor in determining who is victimised
Hate Motivation:
Aimed at a specific group.
Not necessarily a crime itself but influences the perpetrator’s actions.
what is a hate crime
A hate crime is a criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a victim’s disability, race, religion, sexual orientation or transgender identity
Involves a criminal offense.
Perceived hostility or prejudice based on protected characteristics is a motivating factor.
what is a hate incident
Any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a victim’s disability, race, religion, sexual orientation or transgender identity
Hate Incident:
Non-criminal in nature.
Involves perceived hostility or prejudice based on protected characteristics..
what is Incitement to hatred
Incitement to racial hatred, incitement to religious hatred and incitement to hatred on the grounds of sexual orientation are all criminal offences
Incitement to Hatred:
Criminal offense.
Includes incitement to racial hatred, religious hatred, and hatred based on sexual orientation.
what Legislations in England and Wales is associated with - Hate Crime
Hate Crimes
Crime and Disorder Act 1998
what Legislations in England and Wales is associated with - Enhanced Sentencing
Enhanced Sentencing
Criminal Justice Act 2003
what Legislations in England and Wales is associated with - Stirring up hatred
Stirring up hatred
Public Order Act 1986
What is crucial in hate crime cases, even if hostility is not the main motivation?
Proving the demonstration of hostility.
Can proving someone is consistently motivated by hate be challenging?
Yes, it can be challenging due to the potential for hate expressions being “throw-away” or uttered in frustration, anger, or rage.
Why is understanding the broad definition of hostility important in the context of hate crimes?
it provides a comprehensive understanding of ill-will, ill-feeling, spite, prejudice, unfriendliness, antagonism, resentment, and dislike.
What is the difference in sentencing maxima between CDA and CJA?
CDA sentences can be up to 400% higher than those under CJA, especially for aggravated assault.
In hate crime cases, why is demonstrating hostility considered significant?
“Demonstration” is enough, because:
It shows intentional and reckless hostility intended to subjugate the victim based on their identity, regardless of the main motivation, and has a significant impact on the victim and the community.
