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- Administrative Law (1)
- 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)
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- Anti-sexual preference (1)
- As well as dangers of infringing constitutionally protected speech or expressive conduct. One might conclude that (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)
- 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)
- Politics (1)
- Public Law (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)
- Separation of Powers (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)
Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
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
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
Ways To Think About The Unitary Executive: A Comment On Approaches To Government Structure, Michael A. Fitts
All Faculty Scholarship
No abstract provided.
Natural Law Ambiguities, Robin West
Natural Law Ambiguities, Robin West
Georgetown Law Faculty Publications and Other Works
I share with Fred Schauer the relatively unpopular belief that the positivist insistence that we keep separate the legal "is" from the legal "ought" is a logical prerequisite to meaningful legal criticism, and therefore, in the constitutional context, is a logical prerequisite to meaningful criticism of the Constitution. As Schauer argues, despite the modern inclination to associate positivism with conservatism, the positivist "separation thesis," properly understood, facilitates legal criticism and legal reform, not reactionary acquiescence. If we want to improve law, we must resist the urge to see it through the proverbial rose-colored glasses; we must be clear that a …
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.