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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)
- Coercion (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)
- 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)
- Moral philosophy (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)
- Offers (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)
- Threats (1)
- While traditional notions of criminal law theory would permit its use (1)
Articles 1 - 2 of 2
Full-Text Articles in Jurisprudence
Blackmail And Other Forms Of Arm-Twisting, Leo Katz
Blackmail And Other Forms Of Arm-Twisting, Leo Katz
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