Readdressing Hate Crime: Synthesizing Law, Punishment and Restorative Justice

Hate, politics, law, Oxford University Press, Forthcoming

27 Pages Posted: 14 Jun 2016

See all articles by Mark Walters

Mark Walters

University of Sussex Law School

Date Written: June 12, 2016

Abstract

This chapter offers an alternative vision of the utility of hate crime legislation by arguing for the maintenance of laws that proscribe hate-motivated offences but which do not impose enhanced penalties. It is argued that the punitive approach to hate crime is counter-intuitive to the task of preventing hate from proliferating in society. The chapter contends that while the criminal law provides an important declaratory function in condemning these public wrongs, it need not be backed by punitive sanctions, which act mostly to alienate and exacerbate the problem of hate crime. The chapter expounds (tentatively) upon an alternative approach to criminal intervention that is based on a symbiosis of law, the threat of punishment and restorative justice (RJ). Note that it is not the aim of this chapter to examine the benefits and limitations of RJ for hate crime3, but rather the key purpose is to develop a theoretical framework that supports the enactment of hate crime laws which are primarily supported by reparative interventions.

Suggested Citation

Walters, Mark Austin, Readdressing Hate Crime: Synthesizing Law, Punishment and Restorative Justice (June 12, 2016). Hate, politics, law, Oxford University Press, Forthcoming . Available at SSRN: https://ssrn.com/abstract=2794601

Mark Austin Walters (Contact Author)

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

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