Hate Crimes: Criminal Law & Identity Politics

By James B. Jacobs; Kimberly Potter | Go to book overview

offense levels for offenses that are hate crimes. 63 It defined hate crime as a crime in which the defendant is motivated by race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation. The Sentencing Commission's implementing guidelines, effective November 1995, provide for an enhancement of three offense levels if "the defendant intentionally selected any victim or property as the object of the offense because of the actual or perceived race, color, religion, national origin, ethnicity, gender, disability, or sexual orientation of any person." 64 While the guidelines list gender as a hate crime category, the application notes which accompany the guidelines state that the enhancement does not apply to sexual offenses motivated by gender bias. In other words, the sentence for rape or sexual abuse is not increased because of gender bias. Perhaps the commissioners concluded that rape already takes gender bias into account.

Congress mandated that in formulating the enhancements, the U.S. Sentencing Commission "shall assure reasonable consistency with other guidelines, [and] avoid duplicative punishments for substantially the same offense." 65 The Commission explained that, in implementing the HCSEA, its goal was to "harmonize the existing guidelines with each other, reflect the additional [hate crime] enhancement now contained in [the guidelines], and better reflect the seriousness of the underlying conduct." 66 In effect, the Commission consolidated the sentencing guidelines for all the federal criminal civil rights offenses. This explains the inclusion of disability and gender in the HCSEA; if those two categories had not been included, offenders convicted of violating federal criminal civil rights laws would receive a lower sentence for targeting individuals based on disability or gender than if they targeted individuals based on race, religion, or ethnicity. This would certainly be offensive to the disabled. Of course, offenders who violate individual rights, unlinked to a recognized group prejudice, will not have their sentences enhanced.


Conclusion

The hate crime laws of the 1980s and 1990s demonstrate the impact of identity politics on criminal law. The new wave of hate crime laws follows in a long line of civil rights legislation that extends special legal rights and affirmative action to groups that are officially recognized as disadvantaged and victimized. The advocacy groups that work on behalf of racial, religious, and ethnic groups, gays and lesbians, and women are judged and judge themselves on their ability to procure legislation that affirms the worth of their members. Such symbolic morale-building legislation often gets top priority.

-77-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Hate Crimes: Criminal Law & Identity Politics
Table of contents

Table of contents

  • Title Page iii
  • Acknowledgments vii
  • Contents ix
  • 1 - Introduction 3
  • 2 - What is Hate Crime? 11
  • Conclusion 27
  • 3 - Hate Crime Laws 29
  • Conclusion 42
  • 4 - Social Construction of a Hate Crime Epidemic 45
  • Conclusion 63
  • 5 - The Politics of Hate Crime Laws 65
  • Conclusion 77
  • 6 - Justification for Hate Crime Laws 79
  • Conclusion 90
  • 7 - Enforcing Hate Crime Laws 92
  • Conclusion 109
  • 8 - Hate Speech, Hate Crime, and the Constitution 111
  • Conclusion 128
  • 9 - Identity Politics and Hate Crimes 130
  • Conclusion 144
  • 10 - Policy Recommendations 145
  • Notes 155
  • Bibliography 187
  • Table of Cases 199
  • Index 201
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
/ 214

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.