Opposition to the Legitimacy of Hate Crime Laws: The Role of Argument Acceptance, Knowledge, Individual Differences, and Peer Influence

Hate crime laws are a highly controversial legal approach in society's response to intergroup violence. Argument acceptance, knowledge, and individual differences were examined in relationship to attitudes about these laws. These variables were also considered in terms of efforts to influence a peer's beliefs about hate crime laws. One-hundred and sixty-seven participants completed a measure of knowledge of human rights laws, Gough's Pr scale, the Selznick and Steinberg anti-Semitism scale, and Cuellar's Machismo scale. Hate crime attitudes were measured on an affect rating scale and six statements reflecting arguments favoring and opposing hate crime laws. Peer influence was examined on Interpersonal Power Inventory (IPI). Results showed that while most participants endorsed positive attitudes about hate crime laws, men—and both women and men who endorsed machismo attitudes—were more likely to agree with media distortion and identity politics arguments opposing hate crime laws. The Pr and machismo scales predicted greater effort on the IPI to influence peer attitudes about hate crime laws, after controlling for demographic differences of the participants. These findings indicate that more explicitly biased individuals were more effortful in trying to change the attitudes of peers concerning the legitimacy of hate crime laws.     

挪用公款罪若干问题探讨

挪用公款罪是司法实践中多发的犯罪。它不仅侵犯国家工作人员的职务廉洁性 ,而且也侵犯公共财产的占有权、使用权、收益权。正确认定挪用公款罪的犯罪客体和犯罪对象、犯罪主体、犯罪客观要件以及共同犯罪等问题 ,可以准确区分挪用公款罪与非罪、此罪与彼罪的界限 ,更好地运用刑事法律打击挪用公款犯罪 ,保护国有财产不受非法侵犯。     

Understanding the Harm of Hate Crime

This article provides an overview of the context and content of this issue devoted to hate crime. Working definitions of hate crime and hate speech are situated within the broader context of intergroup relations, prejudice, aggression, and law and social policy. Theory and research from social psychology, criminology, and legal studies are utilized to describe this context. We present summaries of the multidisciplinary contributions to this issue and note how these articles emphasize the origins of hate crime, the harm that it creates, and victims' and society's response to hate crime. They also highlight tensions between the First and Fourteenth Amendments of the U.S. Constitution. Finally, we note the interrelationships among these contributions and discuss the policy implications that arise from their analyses.     

Measuring Gay Populations and Antigay Hate Crime

Objectives . The study of crime directed at gay and lesbian targets is hampered by two measurement problems: Police agencies provide unreliable data on hate crime, and tract-level census data contain no direct information about gay or lesbian population density. This article attempts to gauge two quantities that cannot be measured directly or unambiguously: the size of the gay and lesbian populations and the number of hate crimes directed at gay and lesbian targets. Methods . Population data for New York City were gathered from market research lists and from a special tabulation of the 1990 Census. Hate crime data were obtained from the Anti-Violence Project and the New York Police Department. Confirmatory factor analysis was used to assess the reliability of each measure and the correlation between latent population density and hate crime. Results . Each of these measures offers a reliable means by which to assess cross-sectional differences in the population density and victimization of gay men. Census and police data prove to be inferior indicators of lesbian population density and antilesbian hate crime. For both men and women, population density is strongly correlated with the incidence of hate crime. Conclusions . Despite the fact that advocacy groups record many more antigay incidents than do the police, both sources of data are in agreement about where hate crimes occur. The strong correlation between population density and hate crime against gay men implies that Census data could be used to forecast the occurrence of hate crime in areas where no police records exist.     

The people or the place? An analysis of the protective factors of hate crime in multiethnic neighbourhoods in Australia

Hate crime creates significant problems for individual victims and the social fabric of a community more broadly. Victimisation is most likely to occur around the victim's own neighbourhood, yet few studies examine how the neighbourhood context influences hate crime. This study uses data from the Australian Community Capacity Study involving 4,400 participants in 148 neighbourhoods in Brisbane. It examines whether it is characteristics of place (such as attitudes toward diversity, place attachment and social cohesion) that reduce hate crime, or whether it is interactions with fellow residents (such as frequency of neighbourly exchanges, number of friends, and number of acquaintances in the neighbourhood) that shelter residents from hate crime. Results demonstrate that characteristics of a place provide important protective factors against hate crime in the neighbourhood, rather than the number of social‐interactions between residents.     

Individual perceptions and the social construction of hate crimes: A factorial survey

Although the rapid diffusion of hate crime legislation since the 1980s indicates widespread success of the antiviolence movement at the policy level, effective responses to hate crimes – such as reporting incidents to authorities – are partly contingent on how individuals initially interpret potential incidents. This paper investigates the degree to which individuals’ perceptions of concrete events of harassment and violence mirror the interpretive frameworks offered by proponents of hate crime legislation. Specifically, the study examines the determinants of definitions of hate crime and perceptions of seriousness, focusing on both incident-level and respondent-level variables. Using data from a multilevel factorial survey gathered from a sample of undergraduates, I find a general alignment between the political construction of hate crimes and college student perceptions of incidents of harassment and violence, although sensitivity to hate crimes varies by witness demographic and attitudinal characteristic.     

Hate Crime Offenders: An Expanded Typology

Little research has been conducted to determine the motivations of hate crime offenders. This article builds on an earlier work of J. Levin and McDevitt (1993) in which a typology of offender motivations was first articulated. We reanalyze 169 Boston police case files that were originally studied in order to provide empirical grounding for the typology. In this updated study, characteristics of the three original motives—thrill, defensive, and mission—are examined in relation to a new category: retaliatory motivation. In addition, the article addresses the issue of levels of culpability in explaining the most appropriate sanctions for certain kinds of hate offenders.     

Campus crime and concealed carry laws: Is arming students the answer?

As of 2018, ten states allowed students, faculty, and staff to carry concealed firearms on campus. Although there has been much discussion regarding campus carry laws, there has been very little empirical research conducted on the link between campus carry laws and crime on campus. The present study attempts to determine if campus carry laws are statistically related to campus level crime. Using state-level data for the period 2005–2014 and a fixed effects model, results of the present study suggest that campus carry laws have no statistically significant relationship with campus level crime. However, campuses located in states that allow unpermitted concealed carry have lower property crime rates. These results corroborate the findings of prior studies on this topic. Given these results, states should reconsider enacting campus carry laws, and colleges and universities should be given more latitude in deciding whether or not firearms are appropriate on their campuses.     

通向“恶的平庸性”之路

通过“恶的平庸性”这个概念,阿伦特揭示了一种异于康德所说的“根本恶”的、专属于现代社会的恶的新类型。本文通过对现代性方案以及导源于这种方案的现代国家的“造园姿态”、现代科层制政治机器对于无思想的命令执行者的需要与塑造,以及与政治的工具化并行的公共领域的消亡这三个层面的考察分析,揭示了“平庸”与“罪恶”结合的路径。在此基础上,文章指出,“平庸”之与“罪恶”的联系,虽然受到现代社会发展和政治运行中的制度性、结构性因素的推动,但这既不是要为“艾希曼”脱罪,更不是要将每个人入罪,而是要引起每个人作为公民在面临大屠杀这样的罪恶时对自己所应担当的责任的沉思。     

简论职务犯罪控制的几种模式

一些国家在反腐败和惩治职务犯罪的实践中积累了各具特色的成功经验。如道德教化、高薪养廉、法律严密、赋权惩治、政治透明、正本“浚源”等模式。注意多种措施的综合运用 ,正在成为当今世界反贪浪潮中引人注目的一种有效对策而受到越来越多的国家的青睐 ,只有对职务犯罪进行综合治理 ,才能达到标本兼治的目的。     

大陆法系共犯种类之比较

对我国及大陆法系主要国家刑法典及刑法理论中共犯的分类进行了比较。笔者认为,可以把俄罗斯刑法采用的标准与我国大陆刑法采用的标准结合起来,认定共同犯罪并对犯罪人作出罪责刑相适应的处罚。同时认为,我国大陆刑法采用的标准,虽然在实践中用起来比较容易与犯罪人的刑事责任挂起钩来,但逻辑上存在双重标准问题。此外,对间接正犯理论进行了比较,认为间接正犯实质上是单个人的犯罪,不应当在共同犯罪中讨论。     

基本权利诉讼:宪政实现的中国之道

从中国国情出发思考中国宪政实现的路径所得出的结论是:公民基本权利诉讼应当成为当代中国宪政实现的基本战略和策略。这一结论的理论依据是,公民基本权利诉讼是中国特色宪政、中国宪法作用空间、中国宪法实施方式三者的契合点。将公民基本权利诉讼作为宪政实现的基本战略和策略具有重要的实践意义,而推行这一战略策略也具有现实的可能性。     

西方国家政党与宪政关系探析

从近代西方的立宪史来看,政党曾被作为派系斗争的工具或纯粹的市民社会组织,而为立宪实践所敌视或漠视。随着政党国家现象和政党异化现象的出现,通过立法实践和司法实践将政党纳入宪政体制之中遂成为现代西方立宪实践的潮流。从政党与宪政的逻辑关系来看,现代西方国家普遍认为政党不仅是基于公民自由结社的市民社会组织,更因其组织的准国家机构特性和党权的准公共权力性质而在宪政体制中发挥着不同于一般市民组织的宪政功能,理应获得"宪法机构"之公法地位,成为宪政规范的对象。     

孤独个体的共同生活:自然社会的“自然”与“社会”

李猛的《自然社会》是近年来汉语学界研究现代“政治”秩序的一部界碑式著作。此处所谓“政治”,既指向一般意义上的政治,更包括人性、道德、社会和法权等多种秩序。本文认为,《自然社会》的核心是对“个体”与“社会”之关系这一经典命题的深化,亦即孤独的现代个体所构成的共同生活究竟是怎样的,如何理解包括家庭、社会、道德和国家在内的多种共同生活形态的实质及其内在张力。在此基础上,本文试图讨论以下几点：一是鲁滨逊式的孤独包含着一种新的社会生活形态的可能;二是格劳秀斯、普芬道夫和霍布斯那里孤独个体的微妙差别对于理解现代人的心灵秩序不可或缺;三是霍布斯式的个体形象指向一种新的现代人拓展自身人性的可能;四是自然法秩序所塑造的人性为现代国家的确立提供了道德动力。因而,本文认为,现代精神的发展尚未穷尽自身,只有更充分地理解其内在的丰富性和开放性,我们才能更有信心地把握自身的处境和命运。     

Indian student concerns about violence: exploring student perceptions

While considerable attention has been given to the spate of attacks on Indian students in Australia in 2009 and 2010, less attention has been paid to how the students who were at the centre of the furore perceived the violence. In this paper we explore the perceptions of Indian postgraduate and undergraduate male students studying in Melbourne, Australia, based on data gathered in focus groups. Analysis revealed four broad themes in students' explanations for the attacks: race hate versus opportunism, intercultural issues, systemic ineffectiveness, and media reporting. Students' perceptions of the reasons for the attacks were divided in some areas and aligned in others. There was divergence among students about whether the attacks were race hate crime or opportunistic, and about intercultural issues. Students' perceptions were aligned on issues of systemic ineffectiveness and media reporting. In the current context of decreased international enrolments from Indian students, in which we seek to better understand them, the findings provide implications for international student policy and planning priorities.     

加尔文教的“两个国度”思想对西方宪政民主的深远影响

在宗教改革运动中产生的加尔文教不仅以其"天职"观念为资本主义经济活动提供了一种合理性根据,而且也以其"两个国度"的思想为西方现代宪政体制奠定了重要的神学基础。从加尔文教所坚持的圣约理想中,引申出一种以上帝权柄作为保障的民主观念。这种圣约民主观念在法国胡格诺派、苏格兰长老会、英格兰清教徒反对君主专制的斗争中,逐渐与世俗的自然法学派思想相合流,最终导致了西方现代宪政民主体制的产生。     

Willingness to Pay for Rehabilitation Versus Punishment to Reduce Adult and Juvenile Crime

Punitive penal policies are often justified on the assumption that members of the public demand punitive responses to crime. The current study employed a contingent valuation survey design to assess the extent to which this is true in the state of New South Wales, Australia. The survey investigated public willingness to pursue crime control policies that rehabilitate offenders versus those that punish. Using a quota‐based telephone survey, 1885 taxpaying residents in the state of New South Wales, Australia, were asked how much additional tax they would be willing to pay to produce a 10 per cent reduction in serious crime. A 2times2 randomised factorial design was employed, with one factor being the means offered to reduce crime (rehabilitation versus imprisonment) and the other factor being the population under study (adults versus juveniles). There were no significant differences in willingness to pay for crime reduction across any of the four resulting groups. The findings suggest that the NSW public are equally disposed to reducing crime by rehabilitating offenders as they are to imprisoning them for longer. There would therefore seem every reason to pursue rehabilitation with greater vigour, especially in light of the relative cost‐effectiveness of rehabilitation programs over incarceration.     

普通法权限中的宪法解释

普通法发源于英国,但法学体系中的宪法解释学却是在美国起源并在普通法体系中发展到最高水平的。美国的宪法司法审查实践引发了三个紧密联系的问题,即法官宣告由民主选举产生的立法机构(包括国会和州立法机构)制定的法律无效是否合法,法官如何解释宪法,法官如何发挥能动性从而在审查立法行为时能做到多大程度的自我控制。通过分析可知,司法审查的合法性正在得到国际社会的广泛认可,并且目前也存在着许多解释宪法的理论、方法和方式,而对于司法能动性适合于何种情况却仍然是美国宪法辩论的中心问题。     

Subtle, Pervasive, Harmful: Racist and Sexist Remarks in Public as Hate Speech

Using field observations and 100 in-depth interviews with participants recruited from public places in Northern California, this article documents the experience of being the target of hate speech in public places. Focusing on racist and sexist hate speech (as participants define the phenomenon), I show that there is a range of experiences with hate speech and that it is often quite subtle, leaving all but intended victims unaware that it occurs. These data also show that such interactions occur with regularity and leave targets harmed in significant ways. There can be little doubt that members of traditionally disadvantaged groups face a strikingly different reality on the street than do members of privileged groups. Although the legal status of hate speech remains ambiguous, its harms are not.     

The Mentality of the Russian Officer : Challenges of the Twenty-First Century

The CPSU Program states that the party poses the task of assuring the uprooting of all violations of law and order, the elimination of crime, and the removal of all its causes. Socialist society is, as a matter of fact, in a position to resolve this problem. However, it cannot be resolved by legal means alone. The best laws cannot by themselves guarantee the elimination of crime. In societies based on exploitation, war has been waged against crime for centuries and millennia on the basis of legal norms by the use of punishments, and crime continues to exist.