The aim of this thesis, focusing on the Criminological Aspects of Hate Crime, is to provide a comprehensive analysis of this kind of criminality in the Czech Republic from the criminological point of view. The work is divided into six chapters. The first of which introduces the topic and presents the definition of this kind of criminality and its close connection with extremist criminality. This activity is characterised by hate motivation against a group or an individual because of their real or presumed race, colour, religion, national origin or ethnicity, gender, sexual orientation or disability. The chapter also deals with the development of the hate crime concept, typology of criminal activity based on the committed type of crime or motivation and particular criminal acts occurring in the Czech Republic. The second chapter is focused on extremism and illegal activities of the members of this scene which attack the democratic system and are capable of jeopardizing it. In addition, it examines kinds of extremism, related ideologies and the Czech situation. The criminological part of the thesis, starting in the third chapter, begins with the phenomenology of hate crime, presenting the state of this criminality in the Czech Republic, comparing it to the previous years and elaborating on the types...

The aim of the thesis on the topic of Criminological aspects of hate crime is to comprehensively cover the issue of this particular crime in the Czech Republic, its specifics and differences from other types of crime. The work is divided into eight chapters. The first chapter is introductory and gives the explanation of the concept of hate crimes, its characteristics and division. This chapter also contains analysis of the crimes, where the motive consisting of racial, ethnic, religious and other hatred is a sign of a basic or skilled fact in issue. In the second chapter there are terms extremism, racism, xenophobia, anti-Semitism, nationalism, terrorism, their definition and division discussed in more detail. Chapter Three and Chapter Four are focused on the offenders and victims of hate crimes. They concentrate primarily on how are the offenders and victims of these crimes distinguished from the offenders and victims of "normal" crimes. The fifth chapter explains the most common form of commission, the most common objects and offenders of hate crimes. The sixth chapter describes the causes of hate crimes, i.e. prejudices, stereotypes, social and economic situations. Chapter Seven is devoted to the development and situation on the Czech extremist scene. Chapter Seven describes the most important...

The aim of this master's degree thesis on the topic of the Criminological Aspects of Hate Crime is to offer a comprehensive perspective on hate crime from the criminological point of view. The first chapter is introductory and concerns itself with the phenomenon of hate crime in general. It deals with the theoretical definition of hate crime, its specific characteristics that distinguish it from other types of crime and it also includes a typology of hate crimes. Subsequently, it focuses on the international, European and Czech substantive legal regulation. The second chapter concerns itself with the related term of extremism. It defines the main ideas and manifestations of right wing and left wing extremism and it also focuses on the current situation and extremist scene in the Czech Republic. During the examination of the right wing political extremism, the terms of racism, nationalism, ethnocentrism and xenophobia are explained. Then, religious extremism and terrorism are briefly described. Finally, the last subchapter deals with the etiology of extremism. The core of this thesis lies in its third chapter that concerns itself with hate crimes from the criminological perspective and examines phenomenology, etiology and control of this criminality. The phenomenological subchapter focuses on the...

Depuis la nuit des temps, le sujet se pose à lui-même la question de savoir ce qui il est. Chercher une parole pour la haine était une façon de mettre en évidence, au cœur de cette passion (la passion de la haine), l’être parlant, sa fatalité et sa révolte. Les hommes de la Grèce antique ont répondu par le mythe. Dans cette tentative de représenter la question des origines et de l’impossible, ils ont intégré la haine. La haine surgit comme un reste provenant de temps immémoriaux, elle est liée à la rencontre de l’humain avec le langage et, également, au mouvement qui l’éloigne de l’Autre, lieu du langage, pour prendre le risque de devenir sujet du désir. Il s’agit de repérer la haine et ses fonctions dans la subjectivité : cela implique de prendre en compte les façons adoptées par le sujet pour penser et traiter le réel auquel il a affaire. Le mythe et la tragédie, mettant en récit les pires violences (le matricide, l’inceste, le cannibalisme, l’infanticide, le parricide, le meurtre, le massacre), situent une haine qui peut, ainsi que les récits le présentent, se déchaîner si elle n’est pas traitée par le symbolique. Les crimes semblent ignorer l’écoulement des siècles, ils se répètent inlassablement, et la haine reste une compagne constante des positions du sujet face à son destin. Or, si le sujet maintient sa quête d’explication des pulsions destructrices qui l’occupent, et s’il tente toujours d’énoncer comment sa subjectivité se tient avec l’époque qui l’accueille, il ne peut pas faire appel au mythe, ni à un quelconque discours de portée universelle reconnaissant ses solutions singulières pour traiter sa propre altérité. Face à un discours qui cherche à « enterrer » le sujet de la parole, au fondement de la civilisation et du lien social, la littérature et l’art prennent le relais et proposent des représentations susceptibles « d’entourer » la passion haineuse, et de mobiliser le sujet du désir. La psychanalyse répond, de son côté, par la prise en considération des solutions singulières et de la responsabilité éthique, tant du clinicien que de l’analysant, dans leur maintien, leur restauration, leur changement. / Since the dawn of time, the subject has wondered about what he is. Looking for a hate speech was a way to highlight the speaking being, his fate and his rebellion, in the center of this passion (the passion of hate). Men from Ancient Greece responded through myth. In their attempt to represent the question of the origins and of the impossible, they integrated hate. Hate arises like remnants from immemorial time; it is linked to human encounter with language and with movement separating it away from the Other, the place of language, in order to take the risk of becoming the subject of desire. Tracing hate and its functions in subjectivity: this implies to take into account the ways adopted by the subject to think and deal with real. Myth and tragedy, taking into account the worst human violence (matricide, incest, cannibalism, infanticide, parricide, murder, massacre), put into place a hate that can, as tales depict it, lash out if it is not treated by the symbolic. Crimes seem to ignore the flow of centuries and are repeated endlessly, and hate remains a constant companion of the positions of the subject facing his destiny. However, if the subject maintains his quest to explain the destructive impulses that occupy him, and if he always tries to state how his subjectivity is held together with the age in which he lives, he cannot appeal to myth, nor to any speech of universal scope acknowledging his own singular solutions to deal with his own alterity. Facing a discourse attempting to "bury" the subject of speech, at the foundation of civilization and of social ties, literature and art take over and offer performances which can "surround" the hateful passion, and mobilize the subject of desire. Psychoanalysis responds, in turn, by the consideration of singular solutions and ethical responsibility of the clinician and the analysand, in their maintenance, restoration and changes.

Democratic theorists have influentially argued that inclusive deliberation, where citizens voice their concerns and exchange justifications, is crucial to democracy. However, this deliberative ideal has come under sustained attack for being excessively utopian. As a result, to make this ideal more relevant and action-guiding, the present thesis investigates what norms should govern deliberation in political settings marked by severe social divisions. After motivating this project (Chapter 1), I defend the following account of deliberation. Although the requirement that deliberators appeal to shared reasons is morally attractive, even the weakest variant of this norm risks excluding too many considerations from the public deliberation of divided societies. To offset these exclusionary tendencies, I argue that public deliberation should give a greater role to emotionally-charged forms of speech, such as narrative (Chapter 2). Now, this last suggestion might seem overly inclusive, by opening the door for intensely angry narratives and for narratives expressing degrading or disrespectful views. In response to this 'overinclusiveness' concern, I argue 1) that degrading or disrespectful public speech is best countered through state-backed counterspeech, rather than through coercive legal norms that forcibly eliminate it from public discourse (Chapter 3) and 2) that narratives expressing anger in fact have a crucial epistemic role to play in divided societies, by enhancing our understanding of persisting injustices (Chapter 4). The final two chapters address a pressing worry: that the deliberative norms I advance demand too much of actual citizens. One might think that if citizens distrust each other and are highly ignorant about politics, they will be unable to deliberate fruitfully. But these problems are not decisive against my account. Chapter 5 investigates how the kind of public dialogue I defend offers important resources for rebuilding trust and goodwill in divided societies. As for political ignorance, Chapter 6 demonstrates that it is equally problematic for other political systems, democratic and non-democratic. Since this ignorance threatens all accounts, the solution is not to abandon inclusive deliberation, but rather to tackle political ignorance itself.

A restorative approach to justice focuses on accountability for healing the harm done to victims and communities as a result of criminal acts. Hate crimes are intended to send a threatening message to a particular group of people. There is enough reliable research on restorative justice principles and practices, and on the causes, meaning and impact of hate crimes, to bring together a representative selection of available literature for a critical review. This thesis critically reviews the literature of restorative justice principles and practices, and the literature of hate crime causes, definitions, laws, and typologies of offenders, using as a model Comstock's seven-step Critical Research Method. Findings suggest that congruencies between the two fields of study are primarily found in how activities appropriated to define the fields have increased the ambiguity of the definitions. Further findings suggest that there are important underlying issues of class and power distribution in need of attention in both fields of research. These findings are discussed and suggestions are made for future areas of research.

Free speech and free expression are values that are highly prized in western society. The mention of removing or altering that right creates great debate. In 2004 a Select Committee was set up to inquire into what New Zealand's stance on Hate Speech should be. The submissions to that committee made it clear that free expression was a highly held right in New Zealand. While the submitters were overwhelming opposed to any legislation, it was clear that many had no understanding of what hate speech was, and why people would want to restrict it. The select Committee needed to provide the public with more information about what was intended and what the international situation is. If nothing else this thesis should provide that comprehensive background information to ground any further debate. This thesis makes a policy recommendation for the New Zealand Government. The policy that is examined and contrasted with international experiences is that of hate speech legislation. What should New Zealand do in regards to hate speech? The general debate is examined and the free expression versus legislation debate is analysed to provide a comprehensive background to the topic. The reasons why free expression is important to society and democracy are examined. Alongside free expression, the harms of hate speech are also analysed in order to demonstrate what harm occurs and if such harms should be legislated against. The international situation is contrasted with the New Zealand experience. The legislation of the United States, Canada and Australia, is analysed in order to compare and contrast with New Zealand's legislation. These three countries are closely aligned with New Zealand in terms of language, politics and culture. These countries provide equivalent characteristics and are therefore the most useful for comparison. The United States is especially important as it has no hate speech legislation and provides a valuable baseline from which the effects of legislation can be compared against. The New Zealand situation is then examined to point out its strengths and weaknesses. Where there are weaknesses this thesis recommends changes that could be made in varying political circumstances. Hate speech and free speech issues are not largely discussed in New Zealand literature and scholarly work. This thesis follows some work that has been previously done on the topic in New Zealand. The bulk of the work written about hate speech and free speech issues has been completed internationally and needs to be adjusted to fit the New Zealand situation. This recommendation has gone some way to doing that. An area of particular interest in this paper is the categories of people that deserve protection. Historically just 'race' has been provided protection from hate speech in New Zealand and this thesis examines why. Central to this investigation is why other categories are not protected.

Thesis (B.Psy.Sc.(Hons.)) - University of Queensland, 2006. / Includes bibliography.

This dissertation analyzes personal and institutional narratives that shape the Canadian phenomenon of anti-LGBT violence as hate crime and locate queers within and without the discursive figure of the responsible, legitimate and undeserving victim of hate crime. These socio-legal narratives were taken from interviews with LGBT community activists involved in anti-violence projects, mainstream and gay print news media reportage of two notable homicides, Parliamentary debates of the enhanced sentencing provision that sought to include ‘sexual orientation’ to the list of biased motivating factors, Senate witness testimony on the amendment to Canada’s hate propaganda statutes which sought to include ‘sexual orientation’ to the list of protected groups, interviews with police officers who had direct experience with anti-hate crime initiatives, and judicial reasons for sentence. Utilizing an interdisciplinary analysis and drawing on hate crime scholarship and victimology, this dissertation asks: how is legitimate and, consequently, illegitimate LGBT hate crime victimization being represented and constituted through Canadian socio-legal narratives? In revealing how socio-legal actors and institutions have positioned LGBT individuals discursively within or without legitimate victimhood, that is, within and without the status of innocent victim deserving of social empathy and socio-legal institutional response, my dissertation illustrates how the spectre of illegitimate victimization is repeatedly invoked in socio-legal narratives of anti-LGBT hate crime. My analysis of these narratives about queer victimization and hate crime suggests that the figure of the responsible, legitimate and undeserving victim of hate crime remains an elusive and unstable identity for the queer victim of hate crime. Insofar as hate crime scholars have argued that the mobilization of hate crime activism has produced a victim whose hate crime status ensures its legitimacy, I contribute to this scholarship by arguing that this status is particularly challenging for the queer victim of hate-motivated violence. I demonstrate that the resiliency of the figure of classic victimology’s self-endangering and risky ‘homosexual’ and the sustained ideological resistence to LGBT individuals as full citizens, despite their notable legal gains, positions LGBT individuals, particularly gay men, ambiguously, situating them conceptually both without and within legitimate victimhood.

This dissertation analyzes personal and institutional narratives that shape the Canadian phenomenon of anti-LGBT violence as hate crime and locate queers within and without the discursive figure of the responsible, legitimate and undeserving victim of hate crime. These socio-legal narratives were taken from interviews with LGBT community activists involved in anti-violence projects, mainstream and gay print news media reportage of two notable homicides, Parliamentary debates of the enhanced sentencing provision that sought to include ‘sexual orientation’ to the list of biased motivating factors, Senate witness testimony on the amendment to Canada’s hate propaganda statutes which sought to include ‘sexual orientation’ to the list of protected groups, interviews with police officers who had direct experience with anti-hate crime initiatives, and judicial reasons for sentence. Utilizing an interdisciplinary analysis and drawing on hate crime scholarship and victimology, this dissertation asks: how is legitimate and, consequently, illegitimate LGBT hate crime victimization being represented and constituted through Canadian socio-legal narratives? In revealing how socio-legal actors and institutions have positioned LGBT individuals discursively within or without legitimate victimhood, that is, within and without the status of innocent victim deserving of social empathy and socio-legal institutional response, my dissertation illustrates how the spectre of illegitimate victimization is repeatedly invoked in socio-legal narratives of anti-LGBT hate crime. My analysis of these narratives about queer victimization and hate crime suggests that the figure of the responsible, legitimate and undeserving victim of hate crime remains an elusive and unstable identity for the queer victim of hate crime. Insofar as hate crime scholars have argued that the mobilization of hate crime activism has produced a victim whose hate crime status ensures its legitimacy, I contribute to this scholarship by arguing that this status is particularly challenging for the queer victim of hate-motivated violence. I demonstrate that the resiliency of the figure of classic victimology’s self-endangering and risky ‘homosexual’ and the sustained ideological resistence to LGBT individuals as full citizens, despite their notable legal gains, positions LGBT individuals, particularly gay men, ambiguously, situating them conceptually both without and within legitimate victimhood.