Retaliatory Hate Crime
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Competing Theories of Blackmail: an Empirical Research Critique of Criminal Law Theory
Competing Theories of Blackmail: An Empirical Research Critique of Criminal Law Theory Paul H. Robinson,* Michael T. Cahill** & Daniel M. Bartels*** The crime of blackmail has risen to national media attention because of the David Letterman case, but this wonderfully curious offense has long been the favorite of clever criminal law theorists. It criminalizes the threat to do something that would not be criminal if one did it. There exists a rich liter- ature on the issue, with many prominent legal scholars offering their accounts. Each theorist has his own explanation as to why the blackmail offense exists. Most theories seek to justify the position that blackmail is a moral wrong and claim to offer an account that reflects widely shared moral intuitions. But the theories make widely varying assertions about what those shared intuitions are, while also lacking any evidence to support the assertions. This Article summarizes the results of an empirical study designed to test the competing theories of blackmail to see which best accords with pre- vailing sentiment. Using a variety of scenarios designed to isolate and test the various criteria different theorists have put forth as “the” key to blackmail, this study reveals which (if any) of the various theories of blackmail proposed to date truly reflects laypeople’s moral judgment. Blackmail is not only a common subject of scholarly theorizing but also a common object of criminal prohibition. Every American jurisdiction criminalizes blackmail, although there is considerable variation in its formulation. The Article reviews the American statutes and describes the three general approaches these provisions reflect. -
Definitions of Child Abuse and Neglect
STATE STATUTES Current Through March 2019 WHAT’S INSIDE Defining child abuse or Definitions of Child neglect in State law Abuse and Neglect Standards for reporting Child abuse and neglect are defined by Federal Persons responsible for the child and State laws. At the State level, child abuse and neglect may be defined in both civil and criminal Exceptions statutes. This publication presents civil definitions that determine the grounds for intervention by Summaries of State laws State child protective agencies.1 At the Federal level, the Child Abuse Prevention and Treatment To find statute information for a Act (CAPTA) has defined child abuse and neglect particular State, as "any recent act or failure to act on the part go to of a parent or caregiver that results in death, https://www.childwelfare. serious physical or emotional harm, sexual abuse, gov/topics/systemwide/ or exploitation, or an act or failure to act that laws-policies/state/. presents an imminent risk of serious harm."2 1 States also may define child abuse and neglect in criminal statutes. These definitions provide the grounds for the arrest and prosecution of the offenders. 2 CAPTA Reauthorization Act of 2010 (P.L. 111-320), 42 U.S.C. § 5101, Note (§ 3). Children’s Bureau/ACYF/ACF/HHS 800.394.3366 | Email: [email protected] | https://www.childwelfare.gov Definitions of Child Abuse and Neglect https://www.childwelfare.gov CAPTA defines sexual abuse as follows: and neglect in statute.5 States recognize the different types of abuse in their definitions, including physical abuse, The employment, use, persuasion, inducement, neglect, sexual abuse, and emotional abuse. -
Brandenburg in a Time of Terror Thomas Healy
Notre Dame Law Review Volume 84 | Issue 2 Article 3 1-1-2009 Brandenburg in a Time of Terror Thomas Healy Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Thomas Healy, Brandenburg in a Time of Terror, 84 Notre Dame L. Rev. 655 (2009). Available at: http://scholarship.law.nd.edu/ndlr/vol84/iss2/3 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. BRANDENBURG IN A TIME OF TERROR Thomas Healy* Forfour decades, the Supreme Court's decision in Brandenburg v. Ohio has been celebrated as a landmark in First Amendment law. In one short unsigned opinion, the Court distanced itselffrom the embarrassment of the Red Scare and adopted a highly protective test that permits advocacy of unlawful conduct in all but the most dangerous cases. But 9/11 and the threat of terror- ism pose a new challenge to Brandenburg. Although the government has not resorted to the excesses of McCarthyism, it has taken disturbing steps to silence the speech of political dissenters. These efforts raise questions about the ade- quacy of Brandenburg to protect speech during a time of crisis andfear. They also highlight ambiguities in the Brandenburg test that have been largely ignored by courts. For instance, does Brandenburg apply during war as well as peace? Does it apply to private advocacy as well as public advocacy? And is there anything about the current terrorist threat that would make its protections inapplicable? To answer these and other important questions, this Article undertakes a comprehensive reexamination of Brandenburg and the issue of criminal advocacy. -
Anti-Cyber Bullying Statutes: Threat to Student Free Speech
Cleveland State Law Review Volume 59 Issue 1 Article 5 2011 Anti-Cyber Bullying Statutes: Threat to Student Free Speech John O. Hayward Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Education Law Commons, First Amendment Commons, and the Internet Law Commons How does access to this work benefit ou?y Let us know! Recommended Citation John O. Hayward, Anti-Cyber Bullying Statutes: Threat to Student Free Speech, 59 Clev. St. L. Rev. 85 (2011) available at https://engagedscholarship.csuohio.edu/clevstlrev/vol59/iss1/5 This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. +(,1 2 1/,1( Citation: 59 Clev. St. L. Rev. 85 2011 Content downloaded/printed from HeinOnline (http://heinonline.org) Tue Jun 4 18:38:38 2013 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. Published by EngagedScholarship@CSU, 2011 1 ANTI-CYBER BULLYING STATUTES: THREAT TO STUDENT FREE SPEECH JOiiN 0. HAYWARD The mere fact that the Internet may be accessed at school does not authorize school officials to become censors of the world-wide web.' I. INTRODUCTION ............................... ....... 86 II. BULLYING AND CYBER BULLYING..................... 87 A. TraditionalBullying ................ ........ 87 B. Cyber Bullying............................ 88 C Media Portrayalsof Cyber Bullying ................ -
Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities a Practical Guide
Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities A Practical Guide ODIHR Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities A Practical Guide Published by the OSCE Office for Democratic Institutions and Human Rights (ODIHR) Ul. Miodowa 10 00-251 Warsaw Poland www.osce.org/odihr © OSCE/ODIHR 2017 All rights reserved. The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by an acknowledgement of the OSCE/ ODIHR as the source. ISBN 978-92-9234-945-5 Cover designed by Nona Reuter Designed by Nona Reuter Printed in Poland by Poligrafus Jacek Adamiak Understanding Anti-Semitic Hate Crimes and Addressing the Security Needs of Jewish Communities A Practical Guide Acknowledgments ODIHR would like to express its gratitude to the Anti-Defamation League (ADL) and the following individual experts, whose contributions were instrumental in the devel- opment of this guide: Rabbi Andrew Baker, Personal Representative of the OSCE Chairperson-in- Office on Combating Anti-Semitism, United States Stacy Burdett, Vice President, Government Relations, Advocacy & Community Engagement, Anti-Defamation League (ADL), United States Jakub Cygan, Main Specialist, Ministry of Internal Affairs and Administration, Poland Paul Giannasi, Head of the Cross-Government Hate Crime Programme, Ministry of Justice, United Kingdom Gabriela Jiraskova, Crisis Management Consultant, World Jewish Congress, Czech Republic Robin Sclafani, Director, CEJI – A Jewish Contribution to an Inclusive Europe, Belgium Michael Whine, Director, Government & International Affairs, Community Security Trust (CST), United Kingdom Contents Foreword vii Executive Summary ix Introduction 1 PART ONE: UNDERSTANDING THE CHALLENGE 5 I. -
Power and Control Wheel NO SHADING
POOWERWER AANDND COONTROLNTROL WHHEELEEL hysical and sexual assaults, or threats to commit them, are the most apparent forms of domestic violence and are usually Pthe actions that allow others to become aware of the problem. However, regular use of other abusive behaviors by the batterer, when reinforced by one or more acts of physical violence, make up a larger system of abuse. Although physical as- saults may occur only once or occasionally, they instill threat of future violent attacks and allow the abuser to take control of the woman’s life and circumstances. he Power & Control diagram is a particularly helpful tool in understanding the overall pattern of abusive and violent be- Thaviors, which are used by a batterer to establish and maintain control over his partner. Very often, one or more violent incidents are accompanied by an array of these other types of abuse. They are less easily identified, yet firmly establish a pat- tern of intimidation and control in the relationship. VIOLENCE l a se sic x y COERCION u AND THREATS: INTIMIDATION: a h Making her afraid by p Making and/or carry- l ing out threats to do using looks, actions, something to hurt her. and gestures. Smashing Threatening to leave her, things. Destroying her commit suicide, or report property. Abusing pets. her to welfare. Making Displaying weapons. her drop charges. Making her do illegal things. MALE PRIVILEGE: EMOTIONAL ABUSE: Treating her like a servant: making Putting her down. Making her all the big decisions, acting like the feel bad about herself. “master of the castle,” being the Calling her names. -
Supreme Court of the United States ______
Team Q No. 16-9999 IN THE Supreme Court of the United States _________ SCHOOL DISTRICT OF WASHINGTON COUNTY, NEW COLUMBIA Petitioner, v. KIMBERLY CLARK, a minor, by and through her father ALAN CLARK Respondent. _________ On Writ of Certiorari to the United States Court of Appeals for the Fourteenth Circuit _________ BRIEF OF PETITIONER _________ SVEN LINDBLOM BAKER & REILLY, LLP For Petitioner QUESTIONS PRESENTED 1. Whether a public high school student’sFacebook post constituted a “true threat” beyond the protection of the First Amendment? 2. Whether a public school district violated a high school student’sFirst Amendment rights by disciplining her for a Facebook post initiated off campus on her personal computer where school authorities conclude that the post was materially disruptive and collided with the rights of other students to be secure at school? i BRIEF CERTIFICATE Team Letter Q certifies the following: 1. The work product contained in all copies of this team’sbrief is in fact the work product of the team members, 2. This team has complied fully with the school’sgoverning honor code, and 3. This team has complied with all Rules of the Competition. ii TABLE OF CONTENTS QUESTIONS PRESENTED............................................................................................................ i BRIEF CERTIFICATE................................................................................................................... ii TABLE OF CONTENTS.............................................................................................................. -
Hate Crime and Civil Rights Violation Protocol
PROTOCOL FOR IDENTIFYING, INVESTIGATING, RESPONDING TO, AND REPORTING HATE AND BIAS CRIMES AND INCIDENTS I. First tier: Responding officers 1. Determine whether there is any evidence that an incident or potential crime is or may be bias-, hate-, or identity-motivated. 2. If yes: a. Collect all evidence of bias, hate, or identity motivation that is immediately available; b. Identify the incident or crime as a “potential bias incident or crime” in prepared reports and/or notes; and c. Promptly notify the civil-rights designee within your own department of the potential bias incident or crime. 3. Determine whether additional resources are needed on the scene, such as interpreters, community affairs/relations representatives, mental/physical health professionals, and/or the clergy, to support the victim. II. Second tier: Civil-rights designee 1. Promptly notify the Attorney General’s Office (“AGO”) Civil Rights Unit and the applicable county attorney of the potential bias incident or crime, and provide copies of all available notes and reports; 2. Ensure that the local police department works with the AGO Civil Rights Unit to determine any need for additional investigation; 3. Work with the AGO Civil Rights Unit and county attorney’s office to determine whether the incident at issue constitutes a hate crime and/or a civil rights violation; 4. Serve as direct contact between the AGO Civil Rights Unit and the local department; and 5. Track all bias incidents, hate crimes, and civil-rights violations, and ensure that the department reports all to the FBI annually. III. Third tier: AGO Civil Rights Unit and County Attorneys 1. -
Hate Crimes and Hate Group Activity in Canada
HATE CRIMES AND HATE GROUP ACTIVITY IN CANADA Mark Sandler* When I arrived in Fredericton, I expected to be asked questions such as “just how bad is hate group activity in Canada?”, and “how does freedom of speech limit the application of the criminal law to hate propaganda?” Instead, the first question I was met with was “what do you think of Professor Yaqzan and his comments about the male-female relationship?” Though I had not intended to address Professor Yaqzan, my combative nature and my strongly held views compel me to weave some comments about him, in some subtle way, into my presentation. I will attempt, here, to persuade you of three things. First, few appreciate the prevalence of hate group activity in Canada. Second, the criminal law is the most appropriate vehicle to combat that hate group activity in Canada. Third, freedom of speech does not prevent a democracy from dealing with the wilful promotion of hatred and racially motivated crimes. Whereas legitimate defenders of freedom of speech raise legitimate concerns about inhibiting this basic freedom, freedom of speech is also being used by the racists in our midst to disguise the true nature of their activity, and to seek immunity for hate propaganda that undermines the very fabric of our society. On 1 July 1990,1 had the misfortune of witnessing a Neo-Nazi rally held in Metcalfe, Ontario, near the nation’s capital. One hundred to two hundred and fifty Neo-Nazi “skinheads” congregated in a blasphemous celebration of Canada Day. Racists came together from Toronto, Montréal, Hamilton, Eastern and Western Canada, the United States, England and elsewhere. -
Racist and Xenophobic Hate Crime How to Recognize Racist and Xenophobic Hate Crimes
Racist and Xenophobic Hate Crime How to Recognize Racist and Xenophobic Hate Crimes Hate crimes motivated by racism and xenophobia can take a range of towards the protected forms, targeting people from diverse groups across the OSCE region. characteristic(s) during the crime. While some communities are particularly vulnerable, any ethnic or racial group can be the target of racism. The nature of these crimes What Are Racist and Xenophobic Hate ranges from graffiti to murder. Racist and xenophobic hate crimes Crimes? send a message of exclusion to victims and their communities, and Racist and xenophobic hate to society as a whole. The existence of such crimes also underscores crimes are criminal offences wider trends of intolerance towards other groups. Everyone has a role motivated by the bias of racism or xenophobia. Such to play in addressing this and all forms of intolerance. This factsheet crimes target people, property, highlights the impact of such crimes and provides guidance on or associations connected to people or groups due to identifying racist and xenophobic hate crimes. their actual or perceived race, ethnicity, language, migration status, etc. The prejudice What Is Hate Crime? manifests itself either in the selection of the target (e.g., Criminal Offence a cultural club frequented + Bias Motivation by migrants) or in racist and = Hate Crime xenophobic hostility expressed during the crime. Racist and • Hate crimes comprise two xenophobic hate crimes elements: a criminal offence can target both majority and and a bias motivation. minority groups. • First, hate crimes require a base offence to have Racist and xenophobic occurred. -
Hate Group Community-Building Online: a Case Study in the Visual Content of Internet Hate Sites
Proceedings of the New York State Communication Association, 2007 Hate Group Community-Building Online: A Case Study in the Visual Content of Internet Hate Sites Brett A. Barnett Department of Communication Slippery Rock University [email protected] The number of U.S.-based hate groups posting their hateful rhetoric online has risen drastically since the first reported U.S.-based “hate site” was posted in 1995. However, relatively little has been written about online hate speech in the communication literature, despite the potentially negative effects that this controversial form of mass- mediated content may have on members of the Internet community, if not society in general. This study extends the communication research literature on hate speech by examining the non-textual (i.e., non-typewritten), visual content posted on a sample of Internet hate sites maintained by organized hate groups residing in the United States. In particular, the study seeks to reveal the various ways in which U.S.-based hate groups may aid their community- building efforts by utilizing the visual communication capabilities that the Internet offers. The population of hate sites was acquired from the Spring 2004 edition of the “Intelligence Report” published by the Southern Poverty Law Center (SPLC), an organization which monitors hate group activity in the United States. The sample included a single representative site from each of the seven “hate website” categories identified by the SPLC: “Ku Klux Klan,” “Neo-Nazi,” “Racist Skinhead,” “Neo-Confederate,” “Christian Identity,” “Black Separatist,” and “Other.” The website from the “Other” hate group category was one of the few American hate sites operated by a Jewish group. -
WITH HATE in THEIR HEARTS the State of White Supremacy in the United States
WITH HATE IN THEIR HEARTS The State of White Supremacy in the United States July 2015 ANTI-DEFAMATION LEAGUE Barry Curtiss-Lusher National Chair Jonathan A. Greenblatt National Director Kenneth Jacobson Deputy National Director Milton S. Schneider President, Anti-Defamation League Foundation CIVIL RIGHTS DIVISION Christopher Wolf Chair Deborah M. Lauter Director Steven M. Freeman Associate Director Eva Vega-Olds Assistant Director CENTER ON EXTREMISM Mark Pitcavage* Director, Investigative Research Co-Director, Center on Extremism Marilyn Mayo Oren Segal Co-Directors *Report Author For additional and updated resources please see: www.adl.org Copies of this publication are available in the Rita and Leo Greenland Library and Research Center. EXECUTIVE SUMMARY The recent tragic shooting spree in June 2015 that took nine lives at Emanuel AME Church, a predominantly African- American church in Charleston, South Carolina, starkly revealed the pain and suffering that someone motivated by hate can cause. The suspect in the shootings, Dylann Storm Roof, is a suspected white supremacist. The horrific incident—following earlier deadly shooting sprees by white supremacists in Kansas, Wisconsin, and elsewhere— makes understanding white supremacy in the United States a necessity. • White supremacist ideology in the United States today is dominated by the belief that whites are doomed to extinction by a rising tide of non-whites who are controlled and manipulated by the Jews—unless action is taken now. This core belief is exemplified by slogans such as the so-called Fourteen Words: “We must secure the existence of our people and a future for white children.” • During the recent surge of right-wing extremist activity in the United States that began in 2009, white supremacists did not grow appreciably in numbers, as anti-government extremists did, but existing white supremacists did become more angry and agitated, with a consequent rise of serious white supremacist violence.