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Abstract

This paper reviews hate crime concept, and it discuss
who usually are the victims and the offenders. Also, it examines the legal view
of such complex crime. In the first section of this paper, an analysis of the
concept of hate crime based on an academic article which is written by Neil
Chakraborti and Jon Garland.
The second section of this paper, analysis of the legal view of hate crime
based on the academic article that is written by Andrej
Bozhinovski.

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Introduction

Hate
crime remains a universal shared problem that threatens the lives of thousands
people every day. Hate crime is any action which is
targeted a victim because of his race, religion, color, gender or ethnicity. It
is a traditional offense like murder, arson, or vandalism with an added element
of bias. This paper will examine
hate crime based on the critical analysis of two articles. The first article “Reconceptualizing
hate crime victimization through the lens of vulnerability and difference” is written
by Neil Chakraborti and Jon Garland, University of Leicester. It discusses the concept of hate crime and how
the difference should be the focal points of hate crime. The second article “Criminal law analysis of hate
crimes” discusses the elements of hate crime
related to criminal law. The article is written by Andrej Bozhinovski, Ss.
Cyril and Methodius University Republic of Macedonia.

The idea of hate crime

The first
article presents how the idea of hate crime is currently familiar to
criminologists and to researchers in public policy, political science and legal
studies. For some people, it is a politically and socially essential crime that
captures the connections between different forms of racism. It is a concept
that unite different social movements and to direct attention to the mutual
experiences of minority groups and the unities in their discrimination. For
others, hate crime is unstable and vague term that raises thorny questions. The
article argues that the understanding of hate crime is not complete, and hate
crime means different things for different people. Based on the concept of hate
crime in the civil rights in 1960s and 1970s America, victims of hate crime
must come from traditionally marginalized minority group. Therefore, if victims
are from minority group, then members of majority communities cannot be victims
of hate crimes even if the nature of the attack is similar. The author believes
that this can laminate the concept of hate crime, because any person can be a
target of hate crime not just minority group. Being different is fundamental
factor of hate crime whether the victim is from majority or minority group. The
author claims that it is not always the perpetrators of hate crime are
prejudiced. It could be the outcome of particular incident in departure from
their standard norms of behavior. Also, victims of hate crime can be targeted
not just for their violation of accepted social standards, but because they are
stereotypically apparent as easy or soft targets. Foreign nationals, refugees,
migrant workers or overseas students, these groups of victims could all
possibly be classified as stigmatized and marginalized groups yet they are not.
Lacking either the support of lobby groups or political representation.
Moreover, the
ability for members of minority groups to be offenders as well as victims of
hate crime. The problem of hate crime that fact
that successful prosecution is depending upon proof of the offender’s motive.
The author believes that it is much harder to proof, because most hate
crimes tend to be committed by ordinary people in the context of their everyday
lives. Researchers are suggesting that hate crime offenders are often familiar
to their victim either as a colleague, family, or friend. Offenders are not
different from non-offenders in their values and attitudes that they share.

The concept of hate crime

The importance
of this article is finding the core of hate crime, which is being different not
from which group the victim is. It is true that some groups are the classic
targets of prejudice, but it is not always the case. According to James Jacobs
(2011) 80% of violent crimes involve an offender and victim of the same race. However,
some argue that it might not be motivated by race, and here where the conflict
of the concept of hate crime. When violent crimes happened between the same
race, no further investigation for hate crime since they are not a minority
group for each other. The reality is hate crimes can happen between the same
race and religion for sexual reasons, appearance, body shape, or gender
identity. Because the attacker sees the victim being different from him, not
necessary that the victim is from minority group.

Hate crime
victimization

As the author
says victims of hate crime can be attacked for any differences the offenders
see. It is a strong argument, because hate crime frameworks can fail to identify
the diversity within the wide labels that are used to represent categories of
hate crime victims. The types of biases that form the basis of hate crimes are
not the limited domain of any specific group. Anyone can be a target for bias
crime. The bias crime victim cannot reduce the threats of future attacks,
because the victim is unable to change the characteristic that made him a
victim.

Hate crime
perpetration

The author claims that hate crime offenders are
often familiar to their victim. It is a weak argument, because when offenders
are targeting a friend or family member it is not considered as a hate crime.
Offenders tend to have a theoretical idea about particular group of people,
whether the victim is black, Muslim, or Asian. They cannot accept a friend
within that group in first place to attack him motivated by race or color or
any differences. In that case, it
could be claimed that it is a violent crime or abuse for another reasons.

Criminal law and
hate crimes

The author
started his argument by defining hate crime, a criminal act which its
perpetration is motivated by discrimination and hatred directed towards the
ethnicity, sexual orientation, religion and any other special characteristics
of the victim. He argues that hate crime is complex and hard to know a specific
data for this phenomena crime. In his view, criminal law does not identify the
hate crimes as a crimes with special qualifications, so they are left out of
the official statistics. To solve this problem he suggests to establish
consistent legal concept of hate crimes, as a special category in Criminal Code
which would contain precise definition of the concept of hate crimes and
establishing special system of authorizations and measures. He also suggests
two definition of hate crimes, criminological and criminal law. The
criminological meaning involves every negative behavior of individuals, which
are motivated or have purpose to create hatred towards other individuals or
groups on basis of racial, ethical, religious, sex and other discrimination.
The criminal law meaning implies that hate crimes are crimes strictly envisaged
in the Criminal Code, and which is motivated by hatred and discrimination of
the victim’s social background, religion, sexual orientation, skin color. Based
on his definitions, there are three elements of hate crimes. They are hatred
which shows subjective feelings, criminal act which presents violent limitation
of the equality and fundamental human rights of others, and special characteristic
of the victim. In related to the legal treatment, perpetrators are violating
the equality of rights in the society because of the negative consequences. The
consequences of hate crime can be psychological violence for the victim, panic and
fear for the targeted group, social disharmony and social conflicts, radical
forms of conflict, such as ethnic cleansing. Criminal law punishes hate crime
harsher for the perpetrator, and that leads to the different treatment with the
new concept of hate crimes. The basic concept of the criminal law is based on
the criminal action, but the new concept is based on the perpetrator subjective
element such as motive and intent along with the criminal act. This create
protection for such a wide complex crime. He believes this new concept can
decline the negative consequences of hate crimes.

The elements of
hate crimes

The
significance of this section is the definition of hate crime within criminology
and criminal law. It is important to have clear and well explained definition
for hate crime which is a complex crime. For criminology, hate crimes involve
every negative conduct of individuals. According to criminal law definition,
the defendant is guilty of a crime only when the offender’s criminal commission
or omission occurred with criminal intent. We cannot identify hate crime with
one definition, therefore the criminological meaning is also important along
with the legal meaning. Because hate crimes to accrue there must be an action
against the victim and motive by differences of race, religion, color, gender
and more.

Special legal
treatment of hate crimes

The importance
of this article is that offenders deserve more punishment than any offenders,
because the motive of hate more serious and have a huge impact for the society.
Victims suffer more psychological and physical trauma. In addition, hate crimes
tend to spark retaliation conflict. This can led the victims to not report the
crime because of the fear, ashamed, or any cultural pressures.

Conclusion

In conclusion, this research has examined the concept
of hate crime and the legal treatment. The most important outcome of this paper
is hate crimes still developing concept. Hate crime needs to not be labeled
with race or religion, because the victim is a target for any differences the offender
believe. It also important to have a clear definition of such a complex crime.
Both criminal law and criminology meanings need to work together. Based on the
two meanings, the action and the motive behind that action are the elements
that create hate crime. Hate crime is a criminal act against a person on the
basis that the victim is different. It causes serious social effects. Therefore,
the legal filed punishes the offenders more heavily than a crime without racial
motive.

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