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James B. Jacobs

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Hate Crimes: Criminal Law & Identity Politics (Studies in Crime and Public Policy)

by James B. Jacobs (Author), Kimberly Potter (Author)

4.2 12 ratings

Part of: Studies in Crime and Public Policy (51 books)

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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.

ISBN-10

0195140540
ISBN-13

978-0195140545
Publisher

Oxford University Press
Publication date

December 28, 2000
Part of series

Studies in Crime and Public Policy
Language

English
Dimensions

9.14 x 5.94 x 0.58 inches
Print length

224 pages
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Editorial Reviews

Review

"At last, a book that thinks clearly and carefully about laws that have been too close to motherhood and apple pie to get the scrutiny they need. Hate Crimes shines with the authors' passion for justice, and its meticulously argued verdict ought to make even the staunchest supporters of hate-crimes laws think twice. This will--or should--be a touchstone for future debate."--Jonathan Rauch, author of Kindly Inquisitors: The New Attacks on Free Thought

"Activists, pundits, and legislators who champion 'hate crime' laws will be hard-put to answer this stunning, caring book. Jacobs and Potter show how such laws may advance their sponsors' political status and moral self-importance yet diminish tolerance and justice. This definitive analysis will change the debate--and, let us hope, a sorry miscarriage of the law."--Jim Sleeper, author of Liberal Racism and The Closest of Strangers

"This book brings careful scrutiny and sociological wisdom to a legal innovation that desperately needs it. The debate over hate crimes will never be the same."--Peter Schuck, Yale Law School

"Jacobs and Potter rigorously and provocatively suggest that criminalizing prejudice, motivated by symbolic politics and moral outrage, may not be sensible criminal justice policy and, indeed, may worsen problems criminalization seeks to remedy. Hate Crimes: Criminal Law and Identity Politics is challenging and rewarding reading."--Stephen J. Morse, University of Pennsylvania Law School and University of Pennsylvania School of Medicine

"This slim, well-written volume does the legal heavy lifting of many books five times its size...an essential guide to the origin, politics, and enforcement of hate crime laws."--The New York Times Book Review

Book Description

Offers a skeptical if not critical assessment of a topical issue--"hate crime"

Product details

Publisher ‏ : ‎ Oxford University Press (December 28, 2000)
Language ‏ : ‎ English
Paperback ‏ : ‎ 224 pages
ISBN-10 ‏ : ‎ 0195140540
ISBN-13 ‏ : ‎ 978-0195140545
Lexile measure ‏ : ‎ 1610L
Item Weight ‏ : ‎ 12.5 ounces
Dimensions ‏ : ‎ 9.14 x 5.94 x 0.58 inches

Best Sellers Rank: #3,729,714 in Books (See Top 100 in Books)
- #1,599 in Criminal Law (Books)
- #2,220 in Criminology (Books)

Customer Reviews:
4.2 12 ratings

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Tom Munro

Sober well reasoned

Reviewed in the United States on November 20, 1999

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This book is a clearly written and well researched discussion of the notion of "Hate Crime". It clearly shows that the tendency of some states in the United States to pass hate crime legislation is a poor response to a complex phenomena. The authors show that in fact hate crime has been declining and the passing of laws probably lead society to become more divisive.
The statistical material suggests in fact that there has been a decline in prejudice over time and that current criminal laws handle issues of social conflict in an adequate way. The setting up of hate crime units and the passing of laws has achieved little and used scarce resources.
Hate crimes it would appear are an issue that is pushed by parties of the left in the United States. (Perhaps more accurately parties of the not so right). This attack however is not some piece of political rhetoric based on a political position but a clear inditment of poorly worked out social policy.

6 people found this helpful

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kevin brown

Burn this book!

Reviewed in the United States on March 4, 2015

Verified Purchase

Written before integrity and honest debate went out of style, which says as much about their perspective as their book's considered opinions and carefully compiled facts.

One person found this helpful

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Craig S. Radala

Logical arguments against rediculous hate crimes laws

Reviewed in the United States on June 15, 1999

This short book covered virtually every possible angle that many liberals use to justify new laws seemingly every time a crime is perpetrated against someone who falls into on of the "so- called" minority or protected groups. These two authors should be commended on the fine job of laying out the facts. The task is noble but I think today most of Americans think that all our problems can be solved by the Government by passing another law. But as the authors point out in the book the facts just don't substantiate a "wave" of hate crimes to need any additional laws. In fact laws are already on the books that cover every conceivable crime. With the addition of new laws will be the incentive for many minorities to claim racism when attacked by someone white.

5 people found this helpful

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Craig Klugman

The writing is wooden; but the arguments are excellent.

Reviewed in the United States on December 12, 1998

This is the book to read if, like a lot of us, you were outraged by the killing of the gay student in Wyoming and want to do something about it. "Hate Crimes: Criminal Law & Identity Politics" makes clear that what we SHOULDN'T do is adopt more legislation singling out hate crimes for special punishment. The authors are sensitive to the plight of victims. But they point out, in subdued, legalistic language, the morass of problems that can face us: Which groups should be included? Why is one victim's suffering worthy of more punishment than another's? Isn't there a danger that hate-crime investigations will end up being an inquiry into the criminal's thoughts?
The only problem with this book is the writing. It's not particularly bad. But it isn't compelling. The organization of each chapter is professorial (one of the authors is a law professor). Segments are pedantically labled, as if they were lecture notes and not a book about a widening legal and societal issue that is intrinsically interesting. The authors end chapters with conclusions that reiterate what we have just read. The writing feels as if the authors dictated it, then lightly edited it.
But the writing weaknesses are only a small impediment. A serious reader, worried about how to deal with crimes committed out of bigotry, will find this book thought-provoking and, at the end, convincing.

11 people found this helpful

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