Punishing Hate: Bias Crimes under American Law

Punishing Hate: Bias Crimes under American Law

by Frederick M. Lawrence
Punishing Hate: Bias Crimes under American Law
Punishing Hate: Bias Crimes under American Law

Punishing Hate: Bias Crimes under American Law

by Frederick M. Lawrence

eBook

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Overview

Bias crimes are a scourge on our society. Is there a more terrifying image in the mind's eye than that of the burning cross? Punishing Hate examines the nature of bias-motivated violence and provides a foundation for understanding bias crimes and their treatment under the U.S. legal system.

In this tightly argued book, Frederick Lawrence poses the question: Should bias crimes be punished more harshly than similar crimes that are not motivated by bias? He answers strongly in the affirmative, as do a great many scholars and citizens, but he is the first to provide a solid theoretical grounding for this intuitive agreement, and a detailed model for a bias crimes statute based on the theory. The book also acts as a strong corrective to recent claims that concern about hate crimes is overblown. A former prosecutor, Lawrence argues that the enhanced punishment of bias crimes, with a substantial federal law enforcement role, is not only permitted by doctrines of criminal and constitutional law but also mandated by our societal commitment to equality.

Drawing upon a wide variety of sources, from law and criminology, to sociology and social psychology, to today's news, Punishing Hate will have a lasting impact on the contentious debate over treatment of bias crimes in America.


Product Details

ISBN-13: 9780674040014
Publisher: Harvard University Press
Publication date: 07/01/2009
Sold by: Barnes & Noble
Format: eBook
Pages: 285
Sales rank: 742,304
File size: 852 KB

About the Author

Frederick M. Lawrence is Associate Dean and Professor of Law at the Boston University School of Law.

Table of Contents

Contents Preface Introduction: The Challenges of Punishing Hate 1. What Is a Bias Crime? 2. How Are Bias Crimes Different? 3. Why Are Bias Crimes Worse? 4. Who Is Guilty of a Bias Crime? 5. Are Bias Crime Laws Constitutional? 6. What Is the Federal Role in Prosecuting Bias Crimes? 7. Why Punish Hate? Appendixes A. State Bias Crime Laws B. Sample Discriminatory Selection Statutes C. Sample Racial Animus Statutes D. Sample "Because of" Statutes E. Sample "Because of" Statutes with Additional Element of Maliciousness F. Sample Institutional Vandalism Statutes G. Other Relevant Statutes Historical Appendix Notes Bibliographical Essay Acknowledgments Index

What People are Saying About This

Punishing Hate eloquently articulates what most Americans intuitively understand: hate crimes warrant tougher sentences. With clarity, insight and wisdom, Professor Lawrence makes the case that 'racial harmony and equality' must be among the highest values in a pluralistic society, and that punishment choices appropriately express societal values. Hate crimes laws have already withstood every constitutional test, and this landmark work should help put to rest any lingering public policy concerns about their propriety and their importance.

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