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- Social Control, Law, Crime, and Deviance (5)
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- Keyword
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- An element in determining liability or grade of offense. What is objectionable (1)
- And generally is not held to be (1)
- And what generally has been prohibited (1)
- Anti-religion (1)
- Anti-sexual preference (1)
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- As well as dangers of infringing constitutionally protected speech or expressive conduct. One might conclude that (1)
- Economics (1)
- Globalization (1)
- Hate motivation is best avoided as an offense or grading element (1)
- In favor of more objective factors present in such offenses. A promising alternative is the criminalization of conduct that is intended to cause (or risk) intimidation or terror of an identifiable group. That alternative avoids the possibility of First Amendment problems and is consistent with mainstream criminal law theory by punishing an actor according to the extent of the harm caused (1)
- International Trade (1)
- Is use of an actor's character or general set of values as an element of liability or grading; but motive is not character. By keeping the law's focus only upon the character attributes relevant to the conduct constituting the offense (1)
- It does not follow that motive is necessarily the best criterion for defining the harms and evils that hate crimes seek to punish. Using an actor's bigoted motivation as a defining characteristic creates special difficulties in implementation and application (1)
- It is said (1)
- Motive in fact serves a useful role in reducing the temptation of liability inquiries to stray towards punishing general character. While reliance upon motive may be consistent with traditional criminal law theory (1)
- Notwithstanding the claims to the contrary (1)
- Or intended. (1)
- Or other anti-group motive. I will argue that motive ought to be and commonly is (1)
- Ought not be (1)
- Relevant to criminal liability. Hate crimes violate this rule by taking account of the actor's motive - his or her anti-race (1)
- Risked (1)
- The primary objection of traditional criminal law theory to hate crimes is use of the actor's motive in defining the offense or the penalty enhancement. Motive (1)
- While traditional notions of criminal law theory would permit its use (1)
- Publication
- Publication Type
Articles 1 - 21 of 21
Full-Text Articles in Entire DC Network
Legacy And Future Of Corrections Litigation, Susan P. Sturm
Legacy And Future Of Corrections Litigation, Susan P. Sturm
University of Pennsylvania Law Review
No abstract provided.
Who May Discipline Or Remove Federal Judges A Constitutional Analysis, Peter M. Shane
Who May Discipline Or Remove Federal Judges A Constitutional Analysis, Peter M. Shane
University of Pennsylvania Law Review
No abstract provided.
Resignations And Removals: A History Of Federal Judicial Service-And Disservice-1789-1992, Emily Field Van Tassel
Resignations And Removals: A History Of Federal Judicial Service-And Disservice-1789-1992, Emily Field Van Tassel
University of Pennsylvania Law Review
No abstract provided.
Title Iii At A Crossroads: The Ordinary Course Of Business In The Home, The Consent Of Children, And Parental Wiretapping, David J. Anderman
Title Iii At A Crossroads: The Ordinary Course Of Business In The Home, The Consent Of Children, And Parental Wiretapping, David J. Anderman
University of Pennsylvania Law Review
No abstract provided.
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
Understanding The Limits Of Court-Connected Adr: A Critique Of Federal Court-Annexed Arbitration Programs, Lisa Bernstein
University of Pennsylvania Law Review
No abstract provided.
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
Blackmail, Privacy, And Freedom Of Contract, Richard A. Posner
University of Pennsylvania Law Review
No abstract provided.
Blackmail As Private Justice, Jennifer Gerarda Brown
Blackmail As Private Justice, Jennifer Gerarda Brown
University of Pennsylvania Law Review
No abstract provided.
Blackmailing For Mutual Good, Russell Hardin
Blackmailing For Mutual Good, Russell Hardin
University of Pennsylvania Law Review
No abstract provided.
Economic Analysis Of Threats And Their Illegality: Blackmail, Extortion, And Robbery, Steven Shavell
Economic Analysis Of Threats And Their Illegality: Blackmail, Extortion, And Robbery, Steven Shavell
University of Pennsylvania Law Review
No abstract provided.
Blackmail From A To C, Joseph Isenbergh
Blackmail From A To C, Joseph Isenbergh
University of Pennsylvania Law Review
No abstract provided.
Blackmail: The Paradigmatic Crime, George P. Fletcher
Blackmail: The Paradigmatic Crime, George P. Fletcher
University of Pennsylvania Law Review
No abstract provided.
Feminist Advocacy: The Evolution Of Pennsylvania’S Protection From Abuse Act , Margaret Klaw, Mary Scherf
Feminist Advocacy: The Evolution Of Pennsylvania’S Protection From Abuse Act , Margaret Klaw, Mary Scherf
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Read Her Lips: An Argument For A Verbal Consent Standard In Rape, Lani Anne Remick
Read Her Lips: An Argument For A Verbal Consent Standard In Rape, Lani Anne Remick
University of Pennsylvania Law Review
No abstract provided.
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
Foreword: The Criminal-Civil Distinction And Dangerous Blameless Offenders, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
The Right To Privacy In The Pennsylvania Constitution, Seth F. Kreimer
All Faculty Scholarship
No abstract provided.
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
Codifying Criminal Law: Do Modern Codes Have It Right?, Paul H. Robinson
All Faculty Scholarship
No abstract provided.
Rape, Violence, And Women's Autonomy, Dorothy E. Roberts
Rape, Violence, And Women's Autonomy, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
Hate Crimes: Crimes Of Motive, Character, Or Group Terror?, Paul H. Robinson
All Faculty Scholarship
hate crimes, criminal liability
Crime, Race And Reproduction, Dorothy E. Roberts
Crime, Race And Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll
Perchance To Dream: The Global Economy And The American Dream, Michael S. Knoll
All Faculty Scholarship
No abstract provided.
Motherhood And Crime, Dorothy E. Roberts
Motherhood And Crime, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.