Section 1 outlines the methodology and approach of this report, and sets out the legal and social... more Section 1 outlines the methodology and approach of this report, and sets out the legal and social context in which hate crimes are committed against LGBT people. Section 2 assesses the extent and nature of anti-LGBT hate crimes, exploring trends across the Commonwealth and surveying regional and country-specific case examples. Information on the perpetrators of anti-LGBT victimisation is also outlined. Section 3 examines the impacts that anti-LGBT hate crimes have on individuals, communities and society. Commonalities and differences in experiences across different sectors of LGBT communities are described. Section 4 of the report concludes with recommendations on how Commonwealth states should legislate against anti-LGBT hate crime, and why statutory agencies must implement monitoring tools to ensure that anti-LGBT victimisation becomes visible and is measured.
The Globalization of Hate: Internationalizing Hate Crime? is the first book to examine the impact... more The Globalization of Hate: Internationalizing Hate Crime? is the first book to examine the impact of globalization on our understanding of hate speech and hate crime. Bringing together internationally acclaimed scholars with researchers, policy makers and practitioners from across the world, it critically scrutinises the concept of hate crime as a global phenomenon, seeking to examine whether hate crime can, or should, be conceptualised within an international framework and, if so, how this might be achieved.
Clarkson and Keating: Criminal Law: Text and Materials:-
Examines the main principles and rule... more Clarkson and Keating: Criminal Law: Text and Materials:-
Examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text
Combines the best features of a standard “textbook” with those of a “cases and materials” book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources
Includes extracts from cases and academic articles, carefully edited to make them accessible to students
Draws on non-legal contextual material to provide a social context to the law rather than a mere analysis of the rules
NEW TO THIS EDITION:-
An examination of hate crime offences
Discussion of the increased focus on restorative justice
Developments in case law, including cases on causation (Hughes) assisted suicide and necessity (Nicklinson), loss of control (Clinton; Asmelash), participation and transferred malice (Gnango)
Legislation updates, including amendments to the law on self-defence.
The product of an 18 month empirical study which examined the use of restorative justice for hate... more The product of an 18 month empirical study which examined the use of restorative justice for hate crime in the United Kingdom, this book draws together theory and practice in order to examine the causes and consequences of hate crime victimisation. Hate Crime and Restorative Justice: Exploring Causes, Repairing Harms also identifies the key process variables within restorative practice that can help to repair the harms of hatred. In doing so, it challenges commonly held conceptions of both 'hate crime' and 'restorative justice' through its use of qualitative research of restorative interventions across the UK.
The study's findings provide original data on the contextual variables that are intrinsic to both the cause and effect of hate-motivated offences, revealing complex socio-cultural and socio-economic factors that are fundamental, both to our understanding of hate crime and to how such incidents can be best resolved. Through meticulous analysis and discussion, the book also provides new information on how restorative processes can be used to repair the harms of hate and challenge the prejudices which give rise to hate-motivated conflicts. The issue of group identity and cultural 'difference' amongst participants of restorative justice is explored and examined through the use of detailed case studies, allowing assessment of whether dialogical barriers to reconciliation can limit the success of restorative processes. In particular, the notion of 'community', a fundamental concept of restorative justice theory and practice, is reconceptualised by exploring both its healing and harming features.
Utilising data from the first study of its kind, Hate Crime and Restorative Justice draws together theoretical assumptions about restorative philosophy and empirical evidence of its use for hate crime to offer a more holistic understanding of how restorative justice can help repair the harms caused by processes of hate, while simultaneously challenging the identity-based prejudices that continue to pervade our multicultural communities.
Readership: Restorative and criminal justice practitioners, police officers and policy makers, as well as scholars of criminology, sociology and criminal justice.
This report, commissioned by the Human Dignity Trust on Behalf of the Equality & Justice Alliance... more This report, commissioned by the Human Dignity Trust on Behalf of the Equality & Justice Alliance, provides a detailed analysis of the purpose of Hate Crimes laws and assesses how these laws, already enacted in parts of the Commonwealth, are being used to tackle the pervasive violence faced by LGBT communities. The report identifies and assesses the different types and models of legislation that are being used and provides recommendations for other Commonwealth legislators.
The development of hate crime legislation in England and Wales over the past 15 years has been fr... more The development of hate crime legislation in England and Wales over the past 15 years has been fragmented. The lack of uniformity with regards to what offences are covered by legislation, which characteristics are protected, and how identity-based hostility is proved in court has led to a number of conceptual and procedural problems for the operationalisation of hate crime offences. One issue that has caused some confusion is the relationship between the racially and religiously aggravated offences as proscribed under the Crime and Disorder Act 1998 and the penalty enhancement provisions that are set out under ss.145 and 146 of the Criminal Justice Act 2003. In particular, the question as to whether penalty enhancers can be applied at sentencing when a racially or religiously aggravated offence could have been, but was not, charged has been left unclear. It is this question that was recently faced by the Court of Appeal in the case of O’Leary.
This report presents the final stage evaluation of the project Hate crime on university campuses:... more This report presents the final stage evaluation of the project Hate crime on university campuses: Repairing the harms of hate and prejudice through student-led dialogue. This project was undertaken at the University of Sussex and the University of Brighton and funded by the Office for Students (formerly HEFCE) Catalyst Student Safeguarding Fund, which provided grants to higher education (HE) providers to improve and enhance safeguarding against hate crime and online harassment. The central aim of this project was the establishment of a new initiative called Restore Respect which addresses hate crime, hate incidents, and hate speech through restorative practices.
This preliminary report is part of a project funded by the HEFCE Student Safeguarding Catalyst Fu... more This preliminary report is part of a project funded by the HEFCE Student Safeguarding Catalyst Fund, which provided funding grants to establish projects to tackle hate crimes in universities. As part of this grant, the Universities of Sussex and Brighton are in the process of establishing a new restorative programme (called Restore Respect) that aims to provide support to students who have experienced prejudice and hate on campus. The programme is student-led, meaning that the programme itself is informed by the needs and experiences of students, and will involve students as central players in the resolution of their case. This report draws on data collated from focus groups and interviews. It highlights examples of students’ experiences of prejudice and hate across the two universities, and outlines the barriers, as perceived by participants, to reporting incidents to each university. It concludes by exploring what students want from a restorative programme that aims to use dialogi...
This study examines staff and student perspectives of the use of restorative justice approaches t... more This study examines staff and student perspectives of the use of restorative justice approaches to respond to student-on-student hate crime, hate incidents, and hate speech on university campuses. It draws on qualitative data collated over a one-year period, during the design and establishment of a restorative programme entitled 'Restore Respect' at two UK universities. Highlighting examples of students' experiences of prejudice and hate across the two universities, we outline some of the key barriers to reporting associated with conventional university responses, as well as staff and student views of establishing a new restorative approach to addressing incidents. While early-stage evaluation revealed certain cultural and institutional barriers and limitations to the establishment and operation of a restorative programme, the majority of staff and students viewed it as an effective way of addressing hate-based conduct that would provide greater opportunity for more positive interventions and outcomes. The paper concludes by arguing for a renewed effort to move beyond standard institutional responses to student experiences of hate and prejudice at university through the adoption of restorative, needs-centred approaches.
UNAFEI 171ST INTERNATIONAL SENIOR SEMINAR VISITING EXPERTSĘĽ PAPERS, 2019
The commission of offences which are either motivated by bias towards the victim’s identity, or w... more The commission of offences which are either motivated by bias towards the victim’s identity, or where hostility is demonstrated towards the victim’s identity during the commission of the offence, are called hate crimes. Responding to the causes and consequences of hate crime is more important than ever, as we have entered into what academics, media commentators and politicians have referred to as a global “era of hate”. The growth in activities and electoral success of far-right groups has been observed across the globe, while the numbers of reported hate crime incidents continues to skyrocket. These types of crime are unique in that they are aimed at attacking a victim due to a group characteristic (or characteristics) that they hold.
Hence, whether an incident involves a premeditated violent physical assault by a gang of extreme racists, or the hurling of a homophobic insult by a neighbour in the heat of the moment, in each case the victim, and others who display similar characteristics, will know that they have been targeted because of who they are. The fact that group identity is central to both the nature and dynamics of hate crime creates an exceptional set of challenges for victims that are likely to impact significantly upon both their emotional and physical well-being. The harms of hate are also likely to ripple out, affecting entire communities of people who can experience similar traumas to those of direct victims. Comprehending how hate crimes have unique direct and indirect impacts is central to determining how these offences can be effectively addressed by criminal justice systems
Section 1 outlines the methodology and approach of this report, and sets out the legal and social... more Section 1 outlines the methodology and approach of this report, and sets out the legal and social context in which hate crimes are committed against LGBT people. Section 2 assesses the extent and nature of anti-LGBT hate crimes, exploring trends across the Commonwealth and surveying regional and country-specific case examples. Information on the perpetrators of anti-LGBT victimisation is also outlined. Section 3 examines the impacts that anti-LGBT hate crimes have on individuals, communities and society. Commonalities and differences in experiences across different sectors of LGBT communities are described. Section 4 of the report concludes with recommendations on how Commonwealth states should legislate against anti-LGBT hate crime, and why statutory agencies must implement monitoring tools to ensure that anti-LGBT victimisation becomes visible and is measured.
The Globalization of Hate: Internationalizing Hate Crime? is the first book to examine the impact... more The Globalization of Hate: Internationalizing Hate Crime? is the first book to examine the impact of globalization on our understanding of hate speech and hate crime. Bringing together internationally acclaimed scholars with researchers, policy makers and practitioners from across the world, it critically scrutinises the concept of hate crime as a global phenomenon, seeking to examine whether hate crime can, or should, be conceptualised within an international framework and, if so, how this might be achieved.
Clarkson and Keating: Criminal Law: Text and Materials:-
Examines the main principles and rule... more Clarkson and Keating: Criminal Law: Text and Materials:-
Examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text
Combines the best features of a standard “textbook” with those of a “cases and materials” book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources
Includes extracts from cases and academic articles, carefully edited to make them accessible to students
Draws on non-legal contextual material to provide a social context to the law rather than a mere analysis of the rules
NEW TO THIS EDITION:-
An examination of hate crime offences
Discussion of the increased focus on restorative justice
Developments in case law, including cases on causation (Hughes) assisted suicide and necessity (Nicklinson), loss of control (Clinton; Asmelash), participation and transferred malice (Gnango)
Legislation updates, including amendments to the law on self-defence.
The product of an 18 month empirical study which examined the use of restorative justice for hate... more The product of an 18 month empirical study which examined the use of restorative justice for hate crime in the United Kingdom, this book draws together theory and practice in order to examine the causes and consequences of hate crime victimisation. Hate Crime and Restorative Justice: Exploring Causes, Repairing Harms also identifies the key process variables within restorative practice that can help to repair the harms of hatred. In doing so, it challenges commonly held conceptions of both 'hate crime' and 'restorative justice' through its use of qualitative research of restorative interventions across the UK.
The study's findings provide original data on the contextual variables that are intrinsic to both the cause and effect of hate-motivated offences, revealing complex socio-cultural and socio-economic factors that are fundamental, both to our understanding of hate crime and to how such incidents can be best resolved. Through meticulous analysis and discussion, the book also provides new information on how restorative processes can be used to repair the harms of hate and challenge the prejudices which give rise to hate-motivated conflicts. The issue of group identity and cultural 'difference' amongst participants of restorative justice is explored and examined through the use of detailed case studies, allowing assessment of whether dialogical barriers to reconciliation can limit the success of restorative processes. In particular, the notion of 'community', a fundamental concept of restorative justice theory and practice, is reconceptualised by exploring both its healing and harming features.
Utilising data from the first study of its kind, Hate Crime and Restorative Justice draws together theoretical assumptions about restorative philosophy and empirical evidence of its use for hate crime to offer a more holistic understanding of how restorative justice can help repair the harms caused by processes of hate, while simultaneously challenging the identity-based prejudices that continue to pervade our multicultural communities.
Readership: Restorative and criminal justice practitioners, police officers and policy makers, as well as scholars of criminology, sociology and criminal justice.
This report, commissioned by the Human Dignity Trust on Behalf of the Equality & Justice Alliance... more This report, commissioned by the Human Dignity Trust on Behalf of the Equality & Justice Alliance, provides a detailed analysis of the purpose of Hate Crimes laws and assesses how these laws, already enacted in parts of the Commonwealth, are being used to tackle the pervasive violence faced by LGBT communities. The report identifies and assesses the different types and models of legislation that are being used and provides recommendations for other Commonwealth legislators.
The development of hate crime legislation in England and Wales over the past 15 years has been fr... more The development of hate crime legislation in England and Wales over the past 15 years has been fragmented. The lack of uniformity with regards to what offences are covered by legislation, which characteristics are protected, and how identity-based hostility is proved in court has led to a number of conceptual and procedural problems for the operationalisation of hate crime offences. One issue that has caused some confusion is the relationship between the racially and religiously aggravated offences as proscribed under the Crime and Disorder Act 1998 and the penalty enhancement provisions that are set out under ss.145 and 146 of the Criminal Justice Act 2003. In particular, the question as to whether penalty enhancers can be applied at sentencing when a racially or religiously aggravated offence could have been, but was not, charged has been left unclear. It is this question that was recently faced by the Court of Appeal in the case of O’Leary.
This report presents the final stage evaluation of the project Hate crime on university campuses:... more This report presents the final stage evaluation of the project Hate crime on university campuses: Repairing the harms of hate and prejudice through student-led dialogue. This project was undertaken at the University of Sussex and the University of Brighton and funded by the Office for Students (formerly HEFCE) Catalyst Student Safeguarding Fund, which provided grants to higher education (HE) providers to improve and enhance safeguarding against hate crime and online harassment. The central aim of this project was the establishment of a new initiative called Restore Respect which addresses hate crime, hate incidents, and hate speech through restorative practices.
This preliminary report is part of a project funded by the HEFCE Student Safeguarding Catalyst Fu... more This preliminary report is part of a project funded by the HEFCE Student Safeguarding Catalyst Fund, which provided funding grants to establish projects to tackle hate crimes in universities. As part of this grant, the Universities of Sussex and Brighton are in the process of establishing a new restorative programme (called Restore Respect) that aims to provide support to students who have experienced prejudice and hate on campus. The programme is student-led, meaning that the programme itself is informed by the needs and experiences of students, and will involve students as central players in the resolution of their case. This report draws on data collated from focus groups and interviews. It highlights examples of students’ experiences of prejudice and hate across the two universities, and outlines the barriers, as perceived by participants, to reporting incidents to each university. It concludes by exploring what students want from a restorative programme that aims to use dialogi...
This study examines staff and student perspectives of the use of restorative justice approaches t... more This study examines staff and student perspectives of the use of restorative justice approaches to respond to student-on-student hate crime, hate incidents, and hate speech on university campuses. It draws on qualitative data collated over a one-year period, during the design and establishment of a restorative programme entitled 'Restore Respect' at two UK universities. Highlighting examples of students' experiences of prejudice and hate across the two universities, we outline some of the key barriers to reporting associated with conventional university responses, as well as staff and student views of establishing a new restorative approach to addressing incidents. While early-stage evaluation revealed certain cultural and institutional barriers and limitations to the establishment and operation of a restorative programme, the majority of staff and students viewed it as an effective way of addressing hate-based conduct that would provide greater opportunity for more positive interventions and outcomes. The paper concludes by arguing for a renewed effort to move beyond standard institutional responses to student experiences of hate and prejudice at university through the adoption of restorative, needs-centred approaches.
UNAFEI 171ST INTERNATIONAL SENIOR SEMINAR VISITING EXPERTSĘĽ PAPERS, 2019
The commission of offences which are either motivated by bias towards the victim’s identity, or w... more The commission of offences which are either motivated by bias towards the victim’s identity, or where hostility is demonstrated towards the victim’s identity during the commission of the offence, are called hate crimes. Responding to the causes and consequences of hate crime is more important than ever, as we have entered into what academics, media commentators and politicians have referred to as a global “era of hate”. The growth in activities and electoral success of far-right groups has been observed across the globe, while the numbers of reported hate crime incidents continues to skyrocket. These types of crime are unique in that they are aimed at attacking a victim due to a group characteristic (or characteristics) that they hold.
Hence, whether an incident involves a premeditated violent physical assault by a gang of extreme racists, or the hurling of a homophobic insult by a neighbour in the heat of the moment, in each case the victim, and others who display similar characteristics, will know that they have been targeted because of who they are. The fact that group identity is central to both the nature and dynamics of hate crime creates an exceptional set of challenges for victims that are likely to impact significantly upon both their emotional and physical well-being. The harms of hate are also likely to ripple out, affecting entire communities of people who can experience similar traumas to those of direct victims. Comprehending how hate crimes have unique direct and indirect impacts is central to determining how these offences can be effectively addressed by criminal justice systems
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Books by Mark Walters
Section 2 assesses the extent and nature of anti-LGBT hate crimes, exploring trends across the Commonwealth and surveying regional and country-specific case examples. Information on the perpetrators of anti-LGBT victimisation is also outlined.
Section 3 examines the impacts that anti-LGBT hate crimes have on individuals, communities and society. Commonalities and differences in experiences across different sectors of LGBT communities are described.
Section 4 of the report concludes with recommendations on how Commonwealth states should legislate against anti-LGBT hate crime, and why statutory agencies must implement monitoring tools to ensure that anti-LGBT victimisation becomes visible and is measured.
Examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text
Combines the best features of a standard “textbook” with those of a “cases and materials” book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources
Includes extracts from cases and academic articles, carefully edited to make them accessible to students
Draws on non-legal contextual material to provide a social context to the law rather than a mere analysis of the rules
NEW TO THIS EDITION:-
An examination of hate crime offences
Discussion of the increased focus on restorative justice
Developments in case law, including cases on causation (Hughes) assisted suicide and necessity (Nicklinson), loss of control (Clinton; Asmelash), participation and transferred malice (Gnango)
Legislation updates, including amendments to the law on self-defence.
http://www.amazon.co.uk/Clarkson-Keatings-Criminal-Law-Materials/dp/0414032977/ref=sr_1_1?s=books&ie=UTF8&qid=1416406513&sr=1-1&keywords=clarkson+and+keating+criminal+law+2014
The study's findings provide original data on the contextual variables that are intrinsic to both the cause and effect of hate-motivated offences, revealing complex socio-cultural and socio-economic factors that are fundamental, both to our understanding of hate crime and to how such incidents can be best resolved. Through meticulous analysis and discussion, the book also provides new information on how restorative processes can be used to repair the harms of hate and challenge the prejudices which give rise to hate-motivated conflicts. The issue of group identity and cultural 'difference' amongst participants of restorative justice is explored and examined through the use of detailed case studies, allowing assessment of whether dialogical barriers to reconciliation can limit the success of restorative processes. In particular, the notion of 'community', a fundamental concept of restorative justice theory and practice, is reconceptualised by exploring both its healing and harming features.
Utilising data from the first study of its kind, Hate Crime and Restorative Justice draws together theoretical assumptions about restorative philosophy and empirical evidence of its use for hate crime to offer a more holistic understanding of how restorative justice can help repair the harms caused by processes of hate, while simultaneously challenging the identity-based prejudices that continue to pervade our multicultural communities.
Readership: Restorative and criminal justice practitioners, police officers and policy makers, as well as scholars of criminology, sociology and criminal justice.
Papers by Mark Walters
crimes. Responding to the causes and consequences of hate crime is more important than ever, as we have entered into what academics, media commentators and politicians have referred to as a global “era of hate”. The growth in activities and electoral success of far-right groups has been observed across the globe, while the numbers of reported hate crime incidents continues to skyrocket. These types of crime are unique in that they are aimed at attacking a victim due to a group characteristic (or characteristics) that they hold.
Hence, whether an incident involves a premeditated violent physical assault by a gang of extreme racists, or the hurling of a homophobic insult by a neighbour in the heat of the moment, in each case the victim, and others who display similar characteristics, will know that they have been targeted because of who they are. The fact that group identity is central to both the nature and dynamics of hate crime creates an exceptional set of challenges for victims that are likely to impact significantly upon both their emotional and physical
well-being. The harms of hate are also likely to ripple out, affecting entire communities of people who can experience similar traumas to those of direct victims. Comprehending how hate crimes have unique direct
and indirect impacts is central to determining how these offences can be effectively addressed by criminal justice systems
Section 2 assesses the extent and nature of anti-LGBT hate crimes, exploring trends across the Commonwealth and surveying regional and country-specific case examples. Information on the perpetrators of anti-LGBT victimisation is also outlined.
Section 3 examines the impacts that anti-LGBT hate crimes have on individuals, communities and society. Commonalities and differences in experiences across different sectors of LGBT communities are described.
Section 4 of the report concludes with recommendations on how Commonwealth states should legislate against anti-LGBT hate crime, and why statutory agencies must implement monitoring tools to ensure that anti-LGBT victimisation becomes visible and is measured.
Examines the main principles and rules of criminal law and explores the theoretical bases upon which they are founded in an easily digestible text
Combines the best features of a standard “textbook” with those of a “cases and materials” book to provide guidance and direction on the law, whilst presenting a substantial amount of key primary material selected from a diversity of sources
Includes extracts from cases and academic articles, carefully edited to make them accessible to students
Draws on non-legal contextual material to provide a social context to the law rather than a mere analysis of the rules
NEW TO THIS EDITION:-
An examination of hate crime offences
Discussion of the increased focus on restorative justice
Developments in case law, including cases on causation (Hughes) assisted suicide and necessity (Nicklinson), loss of control (Clinton; Asmelash), participation and transferred malice (Gnango)
Legislation updates, including amendments to the law on self-defence.
http://www.amazon.co.uk/Clarkson-Keatings-Criminal-Law-Materials/dp/0414032977/ref=sr_1_1?s=books&ie=UTF8&qid=1416406513&sr=1-1&keywords=clarkson+and+keating+criminal+law+2014
The study's findings provide original data on the contextual variables that are intrinsic to both the cause and effect of hate-motivated offences, revealing complex socio-cultural and socio-economic factors that are fundamental, both to our understanding of hate crime and to how such incidents can be best resolved. Through meticulous analysis and discussion, the book also provides new information on how restorative processes can be used to repair the harms of hate and challenge the prejudices which give rise to hate-motivated conflicts. The issue of group identity and cultural 'difference' amongst participants of restorative justice is explored and examined through the use of detailed case studies, allowing assessment of whether dialogical barriers to reconciliation can limit the success of restorative processes. In particular, the notion of 'community', a fundamental concept of restorative justice theory and practice, is reconceptualised by exploring both its healing and harming features.
Utilising data from the first study of its kind, Hate Crime and Restorative Justice draws together theoretical assumptions about restorative philosophy and empirical evidence of its use for hate crime to offer a more holistic understanding of how restorative justice can help repair the harms caused by processes of hate, while simultaneously challenging the identity-based prejudices that continue to pervade our multicultural communities.
Readership: Restorative and criminal justice practitioners, police officers and policy makers, as well as scholars of criminology, sociology and criminal justice.
crimes. Responding to the causes and consequences of hate crime is more important than ever, as we have entered into what academics, media commentators and politicians have referred to as a global “era of hate”. The growth in activities and electoral success of far-right groups has been observed across the globe, while the numbers of reported hate crime incidents continues to skyrocket. These types of crime are unique in that they are aimed at attacking a victim due to a group characteristic (or characteristics) that they hold.
Hence, whether an incident involves a premeditated violent physical assault by a gang of extreme racists, or the hurling of a homophobic insult by a neighbour in the heat of the moment, in each case the victim, and others who display similar characteristics, will know that they have been targeted because of who they are. The fact that group identity is central to both the nature and dynamics of hate crime creates an exceptional set of challenges for victims that are likely to impact significantly upon both their emotional and physical
well-being. The harms of hate are also likely to ripple out, affecting entire communities of people who can experience similar traumas to those of direct victims. Comprehending how hate crimes have unique direct
and indirect impacts is central to determining how these offences can be effectively addressed by criminal justice systems