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Legislative Responses to Hate-motivated Violence: the Massachusetts Experience and Beyond

NCJ Number
131589
Journal
Harvard Civil Rights-Civil Liberties Law Review Volume: 25 Issue: 2 Dated: (Summer 1990) Pages: 287-340
Author(s)
V N Lee
Editor(s)
J M Fernandez
Date Published
1990
Length
54 pages
Annotation
This analysis of the structure and application of the Massachusetts Civil Rights Act aims to help State legislators enact laws designed to combat hate-motivated violence, because current Federal and State laws lack adequate protection and relief to victims of hate crimes.
Abstract
Legislative definitions of hate crimes must recognize that these crimes include acts of intimidation and harassment, not just physical force, and that they may result from the victim's exercise of a basic right such as freedom of speech. Using the 1979 Massachusetts law as a model, comprehensive legislation should include a criminal provision and civil provisions allowing the State attorney general to seek injunctive relief for victims and allowing victims to seek money damages. It should also provide for the collection of statistics on hate crimes and for the establishment of case management policies and procedures for the attorney general's office, district attorneys' offices, and police departments. Footnotes and appended text of legislation

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