Hate Crimes in Australia: Introducing Punishment Enhancers

Criminal Law Journal, 29 (4). pp. 201-216, 2005

16 Pages Posted: 9 Aug 2014

See all articles by Mark Walters

Mark Walters

University of Sussex Law School

Date Written: 2005

Abstract

The documentation of hate crime has proliferated over the past 20 years. The influence of political lobbying and the efforts of activists during this time has seen the emergence of a new “identity politics” that has enabled the once silent minorities to be heard from every corner of the western world. In doing this, many countries have introduced hate crime legislation that specifically punishes offenders of crime motivated by prejudice. Yet local victims of hate crimes are not protected by hate crime laws as they are in the United States and the United Kingdom. This article calls for the implementation of hate crime laws throughout Australia in an attempt to recognise and protect the forgotten victims of hate crime. Included in this argument is a discussion on the impact that hate crimes have on the criminal justice system and society as a whole. In essence, will the emergence of greater legal protection impact on the prevalence of this kind of abuse? Furthermore, the question then arises, is it justifiable that new legislation be prescribed to specific groups, creating enhanced punishments for offenders?

Keywords: hate crime, punishment enhancers, Australia, retribution, harm

Suggested Citation

Walters, Mark Austin, Hate Crimes in Australia: Introducing Punishment Enhancers (2005). Criminal Law Journal, 29 (4). pp. 201-216, 2005, Available at SSRN: https://ssrn.com/abstract=2470065

Mark Austin Walters (Contact Author)

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

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