In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.

Discusses the evolution of hate crime laws in the United States, examining the effectiveness of such laws, the interpretation of their legal definitions, and the challenges they pose to law enforcement officials.

In the early 1980s, a new category of crime appeared in the criminal law lexicon. In response to concerted advocacy-group lobbying, Congress and many state legislatures passed a wave of "hate crime" laws requiring the collection of statistics on, and enhancing the punishment for, crimes motivated by certain prejudices. This book places the evolution of the hate crime concept in socio-legal perspective. James B. Jacobs and Kimberly Potter adopt a skeptical if not critical stance, maintaining that legal definitions of hate crime are riddled with ambiguity and subjectivity. No matter how hate crime is defined, and despite an apparent media consensus to the contrary, the authors find no evidence to support the claim that the United States is experiencing a hate crime epidemic--instead, they cast doubt on whether the number of hate crimes is even increasing. The authors further assert that, while the federal effort to establish a reliable hate crime accounting system has failed, data collected for this purpose have led to widespread misinterpretation of the state of intergroup relations in this country. The book contends that hate crime as a socio-legal category represents the elaboration of an identity politics now manifesting itself in many areas of the law. But the attempt to apply the anti-discrimination paradigm to criminal law generates problems and anomalies. For one thing, members of minority groups are frequently hate crime perpetrators. Moreover, the underlying conduct prohibited by hate crime law is already subject to criminal punishment. Jacobs and Potter question whether hate crimes are worse or more serious than similar crimes attributable to other anti-social motivations. They also argue that the effort to single out hate crime for greater punishment is, in effect, an effort to punish some offenders more seriously simply because of their beliefs, opinions, or values, thus implicating the First Amendment. Advancing a provocative argument in clear and persuasive terms, Jacobs and Potter show how the recriminalization of hate crime has little (if any) value with respect to law enforcement or criminal justice. Indeed, enforcement of such laws may exacerbate intergroup tensions rather than eradicate prejudice.

Policing Hatred explores the intersection of race and law enforcement in the controversial area of hate crime. The nation’s attention has recently been focused on high-profile hate crimes such as the dragging death of James Byrd and the torture-murder of Matthew Shepard. This book calls attention to the thousands of other individuals who each year are attacked because of their race, religion, or sexual orientation. The study of hate crimes challenges common assumptions regarding perpetrators and victims: most of the accused tend to be white, while most of their victims are not. Policing Hatred is an in-depth ethnographic study of how hate crime law works in practice, from the perspective of those enforcing it. It examines the ways in which the police handle bias crimes, and the social impact of those efforts. Bell exposes the power that law enforcement personnel have to influence the social environment by showing how they determine whether an incident will be charged as a bias crime. Drawing on her unprecedented access to a police hate crime unit, Bell’s work brings to life the stories of female, Black, Latino, and Asian American detectives, in addition to those of their white male counterparts. Policing Hatred also explores the impact of victim’s identity on each officers handling of bias crimes and addresses how the police treat defendants’ First Amendment rights. Bell’s vivid evidence from the field argues persuasively for the need to have the police diligently address even low-level offenses, such as vandalism, given their devastating cumulative effects on society.

When “rights” go wrong. Does gay marriage support the right-wing goal of linking access to basic human rights like health care and economic security to an inherently conservative tradition? Will the ability of queers to fight in wars of imperialism help liberate and empower LGBT people around the world? Does hate-crime legislation affirm and strengthen historically anti-queer institutions like the police and prisons rather than dismantling them? The Against Equality collective asks some hard questions. These queer thinkers, writers, and artists are committed to undermining a stunted conception of “equality.” In this powerful book, they challenge mainstream gay and lesbian struggles for inclusion in elitist and inhumane institutions. More than a critique, Against Equality seeks to reinvigorate the queer political imagination with fantastic possibility! "In an era when so much of the lesbian and gay movement seems to echo the rhetoric of the mainstream Establishment, the work of Against Equality is an important provocation and corrective.... I hope this book is read widely, particularly by the people who will most disagree with it; in the tradition of the great political pamphleteers, this collection should spark debate around some of the key issues for our movement." —Dennis Altman, author of Homosexual: Oppression & Liberation "Against Equality issues a radical call for social transformation. Against and beyond the "holy trinity" of pragmatic gay politics—marriage, militarism, and prison—the queer and trans voices archived in this collection offer a radical left critique of neoliberalism, capitalism, and state oppression. In a format accessible and enlivening, equally at home in the classroom and on the street, this book keeps our political imaginations alive. Prepare to be challenged, educated, and inspired." —Margot Weiss, author of Techniques of Pleasure

Examines the issues associated with hate crimes committed in the United States including statistics, important legislation, and bibliographical resources.

In a post-Macpherson, post-9/11 world, criminal justice agencies are adapting their responses to criminal behaviour across diverse ethnic groups. Race, Crime and Resistance draws on contemporary theory and a range of case studies to consider racial inequalities within the criminal justice system and related organisations. Exploring the mechanisms of discrimination and exclusion, the book goes beyond superficial assumptions to examine the ensuing processes of mobilisation and resistance across disadvantaged groups. Empirically grounded and theoretically informed, the book critically unpicks the persisting concepts of race and ethnicity in the perceptions and representations of crime. Articulate and sensitive, the book clarifies complex ideas through the use of chapter summaries, case studies, further reading and study questions. It is essential reading for students and scholars of criminology, race and ethnicity, and sociology.

Debating Hate Crime examines the language and argumentation used by parliamentarians, senators, and committee witnesses to debate Canada’s “hate-crime” laws. These lively, and at times raucous, legislative debates and committee hearings reveal much about party politics, public policy, and social issues of the day, including citizenship, nationhood, and Canadian values. Drawing on discourse analysis, semiotics, and critical psychoanalysis, Allyson Lunny explores how the tropes, metaphors, and other linguistic signifiers used in these debates expose the particular concerns, trepidations, and anxieties of Canadian lawmakers and the expert witnesses called before their committees. In so doing, Lunny reveals and interrogates the meaning and social signification of the endorsement of, and resistance to, hate law. The result is a rich historical and analytical account of some of Canada’s most passionate public debates on victimization, rightful citizenship, social threat, and moral erosion.

When the Soviet Union collapsed, the White House announced with great fanfare that 100 FBI counterintelligence agents would be reassigned. Their new target: street gangs. Americans--filled with fear of crack-dealing gangs--cheered the decision, as did many big-city police departments. But this highly publicized move could be an experience in futility, suggests Malcolm Klein: for one thing, most street gangs have little to do with the drug trade. The American Street Gang provides the finest portrait of this subject ever produced--a detailed accounting, through statistics, interviews, and personal experience, of what street gangs are, how they have changed, their involvement in drug sales, and why we have not been able to stop them. Klein has been studying street gangs for more than thirty years, and he brings a sophisticated understanding of the problem to bear in this often surprising book. In contrast to the image of rigid organization and military-style leadership we see in the press, he writes, street gangs are usually loose bodies of associates, with informal and multiple leadership. Street gangs, he makes clear, are quite distinct from drug gangs--though they may share individual members. In a drug-selling operation tight discipline is required--the members are more like employees--whereas street gangs are held together by affiliation and common rivalries, with far less discipline. With statistics and revealing anecdotes, Klein offers a strong critique of the approach of many law enforcement agencies, which have demonized street gangs while ignoring the fact that they are the worst possible bodies for running disciplined criminal operations--let alone colonizing other cities. On the other hand, he shows that street gangs do spur criminal activity, and he demonstrates the shocking rise in gang homicides and the proliferation of gangs across America. Ironically, he writes, the liberal approach to gangs advocated by many (assigning a social worker to a gang, organizing non-violent gang activities) can actually increase group cohesion, which leads to still more criminal activity. And programs to erode that cohesion, Klein tells us from personal experience, can work--but they require intensive, exhausting effort. Street gangs are a real and growing problem in America--but the media and many law enforcement officials continue to dispense misleading ideas about what they are and what they do. In The American Street Gang, Malcolm Klein challenges these assumptions with startling new evidence that must be understood if we are to come to grips with this perceived crisis.