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When Law and Hate Collide Should hate-motivated crime be sentenced more severely? Prof Michael Cavadino Lancashire Law School.

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Presentation on theme: "When Law and Hate Collide Should hate-motivated crime be sentenced more severely? Prof Michael Cavadino Lancashire Law School."— Presentation transcript:

1 When Law and Hate Collide Should hate-motivated crime be sentenced more severely? Prof Michael Cavadino Lancashire Law School

2 A ‘sentencing uplift’ for hate-motivated crimes? (compared to similar crimes lacking hate-motivation)

3 Life cycle of hate crime Crime Investig- ation & detection Prose- cution Sentence Trial & verdict

4 A ‘sentencing uplift’ for hate-motivated crimes? (compared to similar crimes lacking hate-motivation)

5 Aims of Punishment 1 REDUCTIVISM 2 RETRIBUTIVISM (Just deserts) 3 VICTIM SATISFACTION 4 REPARATION/ RESTORATIVE JUSTICE

6 Aims of Punishment 1 REDUCTIVISM 2 RETRIBUTIVISM (Just deserts) 3 VICTIM SATISFACTION 4 REPARATION/ RESTORATIVE JUSTICE

7 Aims of Punishment 1 REDUCTIVISM 2 RETRIBUTIVISM (Just deserts) 3 VICTIM SATISFACTION 4 REPARATION/ RESTORATIVE JUSTICE

8 REDUCTIVISM (Crime control) zREFORM (Rehabilitation) z INCAPACITATION zDETERRENCE (individual and general) a)DENUNCIATION

9 Life cycle of hate crime Crime Investig- ation & detection Prose- cution Sentence Trial & verdict

10 REDUCTIVISM (Crime control) zREFORM (Rehabilitation) z INCAPACITATION zDETERRENCE (individual and general) a)DENUNCIATION

11 Aims of Punishment 1REDUCTIVISM 2 RETRIBUTIVISM (Just deserts) 3 VICTIM SATISFACTION 4 REPARATION/ RESTORATIVE JUSTICE

12 RETRIBUTIVISM (Just deserts) Punish according to seriousness of offence (culpability & harm)

13 Aims of Punishment 1REDUCTIVISM 2 RETRIBUTIVISM (Just deserts) 3 VICTIM SATISFACTION 4 REPARATION/ RESTORATIVE JUSTICE

14 Life cycle of hate crime Crime Investig- ation & detection Prose- cution Sentence Trial & verdict

15 “I think it highly desirable that criminals should be hated, and that punishments inflicted on them should be so contrived as to give expression to that hatred” Sir James Fitzjames Stephen (1883)

16 Aims of Punishment 1REDUCTIVISM 2 RETRIBUTIVISM (Just deserts) 3 VICTIM SATISFACTION 4 REPARATION/ RESTORATIVE JUSTICE

17 Restorative Justice and shame Stigmatising shame vs. Reintegrative shaming

18 “I think it highly desirable that criminals should be hated, and that punishments inflicted on them should be so contrived as to give expression to that hatred” Sir James Fitzjames Stephen (1883)

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