Abstract

http://ssrn.com/abstract=1247742
 
 

Footnotes (108)



 


 



The Evolving Federal Role in Bias Crime Law Enforcement and the Hate Crimes Prevention Act of 2007


Frederick M. Lawrence


George Washington University Law School


Stanford Law & Policy Review, Vol. 19, 2008
GWU Legal Studies Research Paper No. 434
GWU Law School Public Law Research Paper No. 434

Abstract:     
Debate over the proper role of federal law enforcement concerning bias-motivated crimes, popularly known as hate crimes, implicates criminal law doctrine and theory, issues of federalism, definitions of equality, and questions of free expression. The Hate Crimes Prevention Act of 2007 is the most recent step in the evolving federal statutory response to bias-motivated violence. Although not enacted, by some measures this proposed legislation would have been the most important piece of federal criminal civil rights legislation in nearly forty years, and in some ways, the most important such legislation since Reconstruction.

This Article focuses on four interrelated questions that deal with fundamental American values, offer a firm answer in the affirmative as to each: Is it appropriate for a criminal law to punish on the basis of a perpetrator's motivation? Should gender, sexual orientation, gender identity, and disability be included in a federal bias crime law? Are bias crime laws consonant with principles of free expression? Is a prominent federal role in the prosecution and punishment of bias crimes consistent with the proper division of authority between state (and local) government and the federal government in our political system?

This article concludes that the lessons learned in the debate concerning the Hate Crimes Prevention Act of 2007 help us see a path not only toward more effective enforcement of bias crime law enforcement, but also a path toward bias crime legislating, and perhaps, therefore, legislating more generally.

Number of Pages in PDF File: 33

Keywords: hate crimes, free expression, federalism

JEL Classification: K14, K42

Accepted Paper Series


Download This Paper

Date posted: August 25, 2008  

Suggested Citation

Lawrence, Frederick M., The Evolving Federal Role in Bias Crime Law Enforcement and the Hate Crimes Prevention Act of 2007. Stanford Law & Policy Review, Vol. 19, 2008; GWU Legal Studies Research Paper No. 434; GWU Law School Public Law Research Paper No. 434. Available at SSRN: http://ssrn.com/abstract=1247742

Contact Information

Frederick M. Lawrence (Contact Author)
George Washington University Law School ( email )
2000 H Street, N.W.
Washington, DC 20052
United States
202-994-6288 (Phone)
202-994-5157 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 854
Downloads: 121
Download Rank: 136,291
Footnotes:  108

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.313 seconds