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Cultures in Conflict: Does Regulation of Hate Crime Comfort with the Constitition?

Cultures in Conflict: Does Regulation of Hate Crime Comfort with the Constitition? 246 E. Silverman 1 Cultures in Conflict: Does Regulation of Hate Crime Comfort with the Constitition? 1. INTRODUCTION In light of the recent developments in Europe, from Sarajevo to Solingen, crime motivated by historic prejudices and by the tensions arising from the new multiculturalism has received a great deal of attention. The United States, a multicultural nation from birth and itself no stranger to prejudice, has attempted in various ways to combat bias-motivated crime. Famili- arity with these efforts might prove to be of value to Europeans faced with similar problems. In the last decade, statistics kept in the United States by civil rights, religious, gay and les- bian, and racial and ethnic advocacy groups have indicated an increase in bias-motivated crimes (referred to in this article by the popular term 'hate crime').2 Response to this phe- nomenon has taken several different forms:3 the government has begun collecting data on hate crime, colleges and universities have implemented anti-discrimination policies, and states and localities have enacted criminal provisions aimed at reducing this type of vi- olence.4 Both the hate crime statutes and the university policies raise constitutional issues and have been challenged in court, with some cases appealed all http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

Cultures in Conflict: Does Regulation of Hate Crime Comfort with the Constitition?

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Publisher
Brill
Copyright
© 1993 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0928-9569
eISSN
1571-8174
DOI
10.1163/157181793X00099
Publisher site
See Article on Publisher Site

Abstract

246 E. Silverman 1 Cultures in Conflict: Does Regulation of Hate Crime Comfort with the Constitition? 1. INTRODUCTION In light of the recent developments in Europe, from Sarajevo to Solingen, crime motivated by historic prejudices and by the tensions arising from the new multiculturalism has received a great deal of attention. The United States, a multicultural nation from birth and itself no stranger to prejudice, has attempted in various ways to combat bias-motivated crime. Famili- arity with these efforts might prove to be of value to Europeans faced with similar problems. In the last decade, statistics kept in the United States by civil rights, religious, gay and les- bian, and racial and ethnic advocacy groups have indicated an increase in bias-motivated crimes (referred to in this article by the popular term 'hate crime').2 Response to this phe- nomenon has taken several different forms:3 the government has begun collecting data on hate crime, colleges and universities have implemented anti-discrimination policies, and states and localities have enacted criminal provisions aimed at reducing this type of vi- olence.4 Both the hate crime statutes and the university policies raise constitutional issues and have been challenged in court, with some cases appealed all

Journal

European Journal of Crime, Criminal Law and Criminal Justice – Brill

Published: Jan 1, 1993

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