NCJ Number
180881
Journal
International Journal of the Sociology of Law Volume: 27 Issue: 1 Dated: March 1999 Pages: 103-118
Date Published
1999
Length
16 pages
Annotation
This paper argues that the harms caused by racially motivated crime justify enhanced punishment and stiffer penalties than other "parallel" crimes; however, it also acknowledges that there are complex issues bound up in the phrase "racially motivated" and in the concept of "motivation" that must be addressed; relevant proposals in the British Crime and Disorder Act 1998 are analyzed.
Abstract
Racist crimes spread fear among not only those nearest to the victim, but also among those who share only racial characteristics with him/her. This in itself makes such crimes more harmful than parallel crimes and can have disastrous consequences when the target community's angry response is then directed at a particular suspect's group. Another justification for extra legislation is that racist crime is a type of political crime, and that in the same way that political terrorists may wish to frighten those they are trying to influence, so too racist perpetrators want to strike fear in those affected by their actions. As well as being socially destabilizing, racist crime can also discourage those sympathetic to minorities, and especially victims, because of fear of repercussions. In England and Wales, the targeting and treatment of victims of racially motivated incidents by the criminal justice system have improved; for example, in both 1989 and 1994, the Home Affairs Committee suggested that the Director of Public Prosecutions monitor the outcome of cases of racist attacks and harassment. A new monitoring scheme was introduced in April 1995; racial incidents are logged and analyzed each month. The racial provisions of the Crime and Disorder Act are constructive, but based on mixed motives, thus inviting some criticism. The test for motivation is unclear, opening the door to confusion and uncertainty. 10 notes and 38 references