Hate Crimes in Australia: Introducing Punishment Enhancers
Criminal Law Journal, 29 (4). pp. 201-216, 2005
16 Pages Posted: 9 Aug 2014
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
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