Hate Crime: Impact, Causes & Responses

Books

Neil Chakraborti & Jon Garland

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  • Chapters
  • Front Matter
  • Back Matter
  • Subject Index
  • SAGE

    SAGE was founded in 1965 by Sara Miller McCune to support the dissemination of usable knowledge by publishing innovative and high-quality research and teaching content. Today, we publish more than 750 journals, including those of more than 300 learned societies, more than 800 new books per year, and a growing range of library products including archives, data, case studies, reports, conference highlights, and video. SAGE remains majority-owned by our founder, and after Sara's lifetime will become owned by a charitable trust that secures our continued independence.

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    Copyright

    View Copyright Page

    Dedication

    Neil and Jon would like to dedicate this book to the hundreds of thousands of families across the world who are victims of hate crimes every single day

    List of Tables and Case Studies

    Chapter 1
    • Table 1.1 Differences between the maximum sentences for basic and aggravated offences 9
    Chapter 2
    Chapter 3
    Chapter 4
    Chapter 5
    Chapter 6
    Chapter 7
    Chapter 8
    Chapter 9
    Chapter 10
    • Case Study 10.1 Lone wolf in extremis: Anders Behring Breivik 137
    • Case Study 10.2 Should hate crime law protect the socially reviled? The Australian hate crime paedophile cases 140
    • Table 10.1 Numbers of states collecting hate crime data by different identity characteristics 139
    • Table 10.2 Hate crime offences recorded and prosecuted by selected OCSE states, 2011 140
    Chapter 11

    List of Statutes

    • Anti-Terrorism, Crime and Security Act 2001
    • Care Act 2014
    • Chemical Weapons Act 1996
    • Civil Partnerships Act 2004
    • Commonwealth Immigrants Act 1962
    • Commonwealth Immigrants Act 1968
    • Crime and Disorder Act 1998
    • Criminal Justice Act 2003
    • Criminal Justice and Immigration Act 2008
    • Criminal Libel Act 1819
    • Disability Discrimination Act 1995
    • Disability Discrimination Act 2005
    • Disability Rights Commission Act 1999
    • Equality Act 2010
    • Gender Recognition Act 2004
    • Immigration Act 1971
    • Legal Aid, Sentencing and Punishment of Offenders Act 2012
    • Marriage (Same Sex Couples) Act 2013
    • Public Order Act 1986
    • Race Relations Act 1965
    • Race Relations Act 1976
    • Racial and Religious Hatred Act 2006
    • Sentencing of Offences Aggravated by Prejudice (Scotland) Act 2009
    • Sexual Offences Act 1956
    • Sexual Offences Act 1967
    • Sexual Offences Act 2003
    • Special Educational Needs and Disability Act 2001

    Acknowledgements

    It has been six years since we wrote the first edition of this book but it feels much longer than that. So much has happened in the world of hate crime scholarship and policy since then and the subject is continuing to evolve all the time. We were reminded of this during the final weeks of writing, which saw some frantic re-drafting following the release of important publications from the College of Policing and the Law Commission: this left us with furrowed brows but a sense of relief too at being able to factor in these developments. We have tried to be as current as possible in our coverage, but invariably new and relevant things will happen between now and the time you read this. We'll talk about those things in the third edition.

    We owe thanks to a lot of people, not least Natalie Aguilera at Sage for commissioning this new edition and, along with James Piper, for being such a pleasure to work with. We are also extremely grateful to all the hate crime theorists, researchers, policy-makers, practitioners, advocates and campaigners whom we have been lucky enough to work with in recent years. There are too many of you to mention by name but you have all shaped our thinking. So too have the many hundreds of victims who took part in the Leicester Hate Crime Project. Learning about their ongoing experiences of violence, harassment and marginalisation whilst writing this book reinforced why all of this matters so much.

    Neil would like to thank the University of Leicester for granting him a period of study leave; colleagues at the Department of Criminology for being such good people to be around; Stevie and Liz for doing a brilliant job on the Leicester Hate Crime Project; his mother for her limitless compassion and kindness; Tara for her love and support; and DCFC for providing welcome distraction.

    Jon would like to thank his new colleagues at the Department of Sociology at Surrey for being so welcoming and his old colleagues at Leicester for providing so many great memories; Stevie and Liz for making the Leicester Hate Crime Project such a success; Paul Hodkinson, Sarah Neal, James Treadwell, Darrick Jolliffe, Cate White, Andrea Warner, Isobel McEwen, Keris and Cathy Howard; Gary Numan; the Meadvale and Kingsmead crews; the Sociology Lads’ Club; his colleagues in the Southern Hate Circuit (Drinking Division); his mum; Karen for her love, support and patience; Norwich City for the seemingly endless highs and lows (long may they continue); and last but by no means least, the co-author of this book for being a great bloke and a bit of an inspiration.

    And a now customary final mention to ‘Death Incarnate’ whose ‘fan-mail’ has dried up a bit in recent years but remains an enduring source of inspiration. If you were upset enough to wish us a ‘slow and painful death’ after we published Rural Racism, Lord only knows what you think of us now …

  • Glossary

    • Ageism – prejudiced attitudes or discriminatory behaviour towards older people.
    • Aggravated offences – criminal acts that can attract longer sentences if it is proved they were motivated by, or contained acts of, hostility towards the victim's perceived minority status.
    • Alternative subcultures – those music- and style-based subcultures, such as punk, emo or goth, that are characterised by distinctive modes of dress and ‘darker’ musical styles which are separate from mainstream high street fashions and tastes.
    • Anti-Muslim hatred – hostility directed towards Muslim communities, and motivated by crude prejudices against Muslims rather than fear or hatred of Islam per se.
    • Antisemitism – prejudice against, or hatred of, Jewish people, culture and religion.
    • Association of Chief Police Officers (ACPO) – body representing senior police officers all of, or above, the rank of Assistant Chief Constable or their equivalent in the Metropolitan Police.
    • Asylum seeker – someone who has normally fled from persecution in their home country and is seeking permanent refugee status.
    • Biphobia – irrational fear, dislike or hatred of bisexual people.
    • Blood and Honour – neo-Nazi music network that mainly promotes white supremacist skinhead groups.
    • British Crime Survey (BCS) – former name of the Home Office's annual victim survey that examines experiences of crime and anti-social behaviour within England and Wales. Renamed the Crime Survey for England and Wales (CSEW) in 2012.
    • British National Party (BNP) – the most prominent far-right political party in the UK.
    • Burka (or Burqa) – the most concealing of outer garments worn by Muslim women, covering the face and body and leaving a veiled opening for the eyes.
    • Casuals United – an umbrella organisation for a number of football hooligan ‘firms’ affiliated to the English Defence League.
    • Cissexual – those whose gender identity matches the one they were biologically born with.
    • College of Policing – provides training and development of police officers and staff, and sets professional standards for the service in England and Wales.
    • Combat 18 (C18) – a violent neo-Nazi UK grouping formed in the mid-1990s.
    • Community Security Trust (CST) – organisation that monitors levels and forms of antisemitic activity in the UK.
    • Crime Survey for England and Wales (CSEW) – measures the extent of crime in England and Wales by asking people whether they have experienced any crime in the past year. Formerly the British Crime Survey until April 2012.
    • Crown Prosecution Service (CPS) – agency with responsibility for decisions relating to the prosecution (or otherwise) of cases passed on by the police in England and Wales, and the preparation of those cases that proceed.
    • Cuckooing – describes the situation when someone ‘befriends’ and then moves into the home of a disabled person (often those with learning difficulties) with an ulterior motive of stealing from or exploiting them, or using their home for criminal activities.
    • Cyberbullying – a form of bullying undertaken via communications and information technologies, such as mobile phones or the Internet.
    • Disabled – a physical or mental impairment that has a substantial and long-term adverse effect on someone's ability to carry out normal day-to-day activities.
    • Disablism – prejudiced attitudes or behaviour directed at disabled people based upon the belief that disabled people are inferior to others.
    • Domestic violence – acts of harassment, intimidation or violence perpetrated by someone intimately linked to the victim and often undertaken within a household setting.
    • Economic migrant – an immigrant whose main motive in moving to a new country is the hope of better economic prospects for themselves.
    • Elder abuse – action or inaction within a relationship based upon trust that causes harm to an older person.
    • English Defence League (EDL) – far-right street protest movement that campaigns against ‘militant Islam’.
    • Ethnicity – the shared cultures (often including language, religion, music, dress, food etc.) of people who identify as coming from the same background.
    • ‘Faith-hate’ – prejudice towards, or hatred of, someone because of their perceived religious identity.
    • Feminism – theories and activities centred around ideas of gender difference and inequality, and the championing of women's rights.
    • ‘Five strands’ – colloquial name for the five categories of hate crime – race or ethnicity, faith, disability, sexual orientation and gender identity – monitored by criminal justice agencies and partner organisations in England and Wales.
    • Freedom of expression – the right to express any opinion without the threat of sanction.
    • FTM (‘female-to-male’) – a person who was female but has become male.
    • Gender – often described as socially constructed or expected patterns of behaviour based upon one's biologically determined sex.
    • Gender identity – refers to a person's own experience of gender, which may or may not correspond with the sex assigned to them at birth, and includes dress, speech and mannerisms.
    • Gender symmetry – theories that argue that men are as likely to be victims of domestic violence as women.
    • Gypsy – a Romany ethnic group whose members are often defined in terms of their nomadic lifestyle, cultural values and traditions as opposed to their race or origin.
    • Hate – extreme dislike or abhorrence.
    • Heterosexism – attitudes or behaviour that privilege heterosexuality within society.
    • Holocaust – the acts of genocide committed by Nazis in the Second World War which ultimately resulted in the deaths of an estimated six million Jewish people.
    • Homelessness – rough sleeping but also covers a number of other situations in which people can be considered to lack permanent accommodation.
    • Homophobia – irrational fear, dislike or hatred of lesbian, gay or bisexual people.
    • Incitement of hatred – acts or speech that are designed to ‘stir up’ hatred.
    • Institutional racism – the deliberate or unwitting enactment of policies or procedures that disadvantage minority ethnic people.
    • Islamophobia – prejudice towards, or hatred of, Islam or those of the Islamic faith.
    • July 7 attacks (7/7) – the four bombings by Muslim extremists that killed 52 people and injured 770 on London's transport network on 7 July 2005.
    • Ku Klux Klan – US white supremacist organisation notorious for being responsible for the murder of African Americans and Jews, particularly in the 1920s.
    • Law Commission – a statutory independent body created by the Law Commissions Act 1965 to keep the law under review and recommend revisions where needed to the UK government.
    • LGBT – the abbreviation commonly used to collectively represent lesbian, gay, bisexual or transgendered people (sometimes expressed as LGB and T, LGBTQ (where ‘Q’ is ‘queer’ or ‘questioning’), or LGBTQI (where ‘I’ is ‘intersex’).
    • Lone wolf – far-right extremist, acting on their own, who plots and/or is engaged in violent acts designed to maim or kill their targets.
    • ‘Low-level’ harassment – contested term used to differentiate non-violent hostile acts from so-called ‘serious’ criminal offences.
    • Masculinity – ideas, values, representations and practices associated with maleness which structure relations among men and between men and women.
    • Message crime – a hate crime designed to send a hostile or intimidating message to other members of the victim's identity group or community.
    • Migrant worker – a term used to describe a person engaged in a remunerated activity in a state of which he or she is not a national.
    • Mono-ethnic – term used to describe a population whose membership consists almost solely of one ethnic background.
    • MTF (‘male-to-female’) – a person who was male but has become female.
    • Multiculturalism – idea that encourages different ethnic groups to develop their own traditions and cultures whilst living alongside those from other ethnic backgrounds.
    • National Front (NF) – far-right anti-immigration political party especially prominent in the 1970s.
    • National Offender Management Service (NOMS) – an executive agency of the Ministry of Justice whose role is to commission and provide offender services in the community and in custody in England and Wales.
    • Neo-Nazi – contemporary extremists who adopt and adapt the ideologies of the German Nazi (National Socialist) Party of the 1930s.
    • New and Old Commonwealth migrants – immigrants to Britain from either the newly independent and decolonised developing nations of Asia, Africa and the Caribbean (the ‘New’ Commonwealth), or the predominantly white Commonwealth countries of Australia, New Zealand, South Africa or Canada (the ‘Old’ Commonwealth).
    • Non-Governmental Organisations (NGOs) – a term used to describe an organisation that is neither part of a government nor a conventional for-profit business and is formed to provide services or advocate specific policies.
    • Office for Democratic Institutions and Human Rights (ODIHR) – the human rights institution of the Organization for Security and Co-operation in Europe (OSCE), tasked with assisting OSCE member states in meeting their commitments in the field of human rights and democracy.
    • Organization for Security and Co-operation in Europe (OSCE) – an intergovernmental body working for stability, prosperity and democracy in its 57 participating states.
    • Politically correct – derogatory term used to denigrate notions of equal opportunities and their associated initiatives.
    • Prejudice – biased attitudes or feelings towards others based upon perceptions held about their social grouping.
    • Process–incident contradiction – the clash between the experience of hate crime victimisation as a series of connected events and the need by the police service to prioritise the investigation and prosecution of individual criminal acts.
    • Process of victimisation – victimisation experienced as a series of connected acts of harassment.
    • Queer theory – a radical theory of gender, sexuality and sexual identity that challenges society's accepted ideas of these concepts.
    • Qur'an (or Koran) – the holy book of Islam.
    • Race – the idea that biologically distinct groups of people exist and that these genetic differences manifest themselves not just in physical appearance but also in intelligence and ability. Now largely discredited as having any scientific basis.
    • Racism – prejudice towards, or hatred of, people on the basis of their perceived race or ethnic background.
    • Restorative justice – an approach that gives the victim a more active role in the process of justice, that encourages offenders to take responsibility for the harms of their actions, and provides an alternative to retributive modes of punishment.
    • Roma – historically itinerant and marginalised European community.
    • Samaritans – a registered charity available to offer emotional support to anyone in distress or struggling to cope in the UK and Ireland.
    • Secular – an absence of organised religion or religious belief.
    • September 11 attacks (9/11) – perpetrated by Muslim extremists on 11 September 2001 and involving the hijacking of four passenger aircraft which were subsequently crashed into the two towers of World Trade Center, the Pentagon and into a field in Somerset County, Pennsylvania. A total of 2,998 people lost their lives.
    • Sexual orientation – the general attraction felt towards people of one sex or another, or both.
    • Sex worker – someone who provides sexual services for some form of payment.
    • Sinti – traditionally itinerant Romany population of central Europe.
    • Stirring up of hatred – see incitement of hatred.
    • Stonewall – an organisation with offices in England, Scotland and Wales that campaigns in the interests of gay people.
    • ‘Stranger-danger’ – the theory that the perpetrators and victims of hate crimes do not know each other and that the act was solely motivated by the perpetrator's prejudice against the victim's actual or perceived group identity.
    • Third-party reporting – the mechanism by which victims of hate incidents can report to other organisations rather than directly to the police service.
    • Transgender – someone who has adopted the lifestyle and behaviour of another gender without undergoing surgery. Can also be used as a broad term to cover both transgendered and transsexual people.
    • Transphobia – irrational fear or hatred of transgendered or transsexual people.
    • Transsexual – someone who has undergone hormone treatment and gender reassignment surgery in order to become a member of another sex.
    • Transvestite – someone who adopts the clothing of another gender as a lifestyle choice or for sexual pleasure but who does not view themselves as transgendered.
    • Traveller – communities of people with distinctive lifestyles, traditions and cultures that set them apart from the sedentary population. Often used as a collective term to describe a range of groups, including Irish, Scottish and New Travellers, Gypsies and Roma people.
    • United Kingdom Independence Party (UKIP) – Eurosceptic political party that campaigns for the withdrawal of the UK from the European Union.
    • Victim Support – an independent charity supporting victims and witnesses of crime in England and Wales.
    • Wolfenden Report (1957) – UK government-sponsored report that recommended the decriminalisation of sexual activity between males over 21 years of age.
    • Xenophobia – an irrational fear or hatred of those from another country.
    • Zionism – movement and philosophy of Israeli nationalism that offers support for the establishment of a Jewish homeland in Israel.

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