Critical Evaluation of Hate Crime in the United Kingdom
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This article provides a critical evaluation of hate crime in the United Kingdom, including its origins, laws, and debates surrounding it. It also discusses the increase in hate crimes after the Brexit referendum and the role of top politicians in instigating religious hate crimes against minorities.
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Running head: CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM
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1 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM Introduction The word hate crime could be defined as the crime that an individual or groups of individualscommitagainstanotherindividualofdifferentculture,race,ethnicity,sexual orientation or religion. Hate crime has increased remarkable in the contemporary era with increased incidences of hate crimes being committed against people of ethnic, cultural, racial and religious minority. In the United Kingdom, hate crimes saw a sharp increase especially after Brexit referendum was passed in 2016. In the present review, a critical evaluation of the hate of crime of the people in the UK will be conducted. This will be done using evidences from the literature including journal articles, news stories and other credible sources. The review will provide relevant theoretical perspectives in the field and the key debates or issues surrounding it. In addition, the leading figures in this filed will be identified and their contribution will be discussed. Discussion Hate crime in the UK prior to Brexit The origin of hate crimes could be traced back in era when colonialism was at peak. However, the word began to be used during the 1980s in the United States. As Gerstenfeld (2017) states, individuals and governments began committing hate crimes long before the word actually came into existence. The Christians persecuting the Romans or the Nazis slaughtering the Jews, these were all instances of hate crimes. In the UK, hate crimes had been present since long because UK has been the most dominating country in the world in the past and most people are still of the view that they are superior to others. This creates tension and subsequent hate crimes. The official definition of hate crime in the UK was introduced in the year 2007. The
2 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM Crown Prosecution Service (CPS), the Police Service, the National Offender Management Service and other such agencies came up with a common definition of hate crime. It was defined as “any criminal offence which is perceived, by the victim or any other person, to be motivated byahostilityorprejudicetowardssomeonebasedonapersonalcharacteristic” (Assets.publishing.service.gov.uk, 2019). The five strands that were included are race, faith or religion, sexual orientation, disability and gender-identity. The rate of hate crime was on the rise during the 2011 to 2013 period as per the Crime Survey of England and Wales (CSEW) report. Around 280,000 incidences of hate crimes were reported during the two years constituting 3% of the overall crime committed (Assets.publishing.service.gov.uk, 2019). However, after the Brexit referendum, hate crimes had a sudden and sharp increase. Many European nations questioned the attitude of many UK politicians who were seen fueling the hate crime, as Burnett (2017) notes. The author then found that places where the immigrant share was higher had higher incidences of hate crimes. While the world media was critical of the hate crimes being committed in the UK, the British media had a rather negligible coverage on the issue. According to the observations of Fotopoulos and Kaimaklioti (2016), most of the British newspapers and news channels addressed the post-Brexit hate crime as “the Great Brexit Hate Crime Myth”. Nonetheless, The Guardian provided an extensive report on the rise of hate crimes by people after the referendum. The newspaper stated that there was an increase of 123% in hate crimes in 2017-2018 as compared to the 2012-2013 data. Religious hate crimes increased by 40% especially after the “letterbox” comment made by Boris Johnson, a Member of Parliament in Britain (Weaver 2019). Johnson had made the controversial statement that women inburqas or veils looked like letterboxes. Debates surrounding the hate crime in the UK
3 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM As mentioned above, most of the media outlets in the UK did not find any sudden increase in hate crimes and considered it a myth. The Spectator, a leading UK daily reported on the rise of hate crimes in the UK post the referendum but did not accept the reality. It wrote, “Perhaps the referendum did lead to a rise in hate crime. Then again, perhaps it did not. But despite the angry reports blaming Brexit, the only thing that is clear is that there is little proof either way”(Goodenough, 2019).These lines make it clear that the powerhouses in the UK did not consider hate crimes as significant issue. Moving away from Brexit, hate crimes in general are also debated in the literary sphere. In a 2018 news article published in BBC, hate crimes against the LGBTQ community was reported. The article stated that young people commit hate crimes against other young people who come out as LGBTQ member. The instance of Alex Jones, a 21-year old LGBTQ member was also included in the article to show the kind of hatred people have for the minorities (BBC News, 2019). Alex was attacked for being a transgender and when the incident was reported, the police took no action. This also shows the attitude of the law enforcers regarding hate crimes. Various laws have been introduced in the UK for tackling the issues of hate crime. The Crime and Disorder Act 1998, the Anti-Terrorism, Crime and Security Act 2001 and the Criminal Justice Act 2003 are some of the laws that protect the rights of the minorities and tackle hatecrimes.IntheviewsofDugganandHeap(2014)hatecrimesmusthaveharsher punishments in the UK. The author justifies the statement with the view that the attack on a person’s identity degrades and dehumanizes the person’s existence. However, in the UK, the maximum punishment for hate crime is an imprisonment term for six months. This is a very little punishment for hate crimes when viewed from the supporters’ point of view. The police in the
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4 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM UK in 2016 had a detention rate of 83% for hate crimes and in many cases, where the nature of the crime was serious, the CPS applied for‘sentence uplift’ to the court (Cps.gov.uk, 2019). In contrast to this, those against the harsh laws on hate crimes in the UK are of the view that such laws are often misused. As Mason-Bish (2017) argues, harsh legislation on hate crimes effectively transforms certain beliefs or ideas including the ideas on religion as illegal, which is extremely wrong. Van Noorloos (2014) further argues that hate is considered a more severe crime than other dispositions such as jealousy, sadism, greed or vengeance that are equally or more violent than hate. The author continues to argue that many a times certain crimes are triggered not by hate but by other reasons as mentioned previously but the person is or persons are taken into custody and sentenced based on hate crime laws. Labeling such crimes as hate crimes also aggravates the feeling of persecution amongst communities and groups. Gaps in the literature The literature review revealed that hate crimes in the UK is quite prevalent but the laws are not as harsh as some think it should be. The review also found that post the Brexit referendum, there have been sharp increase in hate crimes. However, the biggest gap in the literature is that there are hardly any solutions given to the problem of hate crimes. Moreover, most of the literature on hate crimes dealt with the hate crimes happening after Brexit. Summary of the literature search For this literature review, the researcher looked into various sources on the web. The researcher carried out qualitative analysis to find answers to the research questions posed in part 1 of the assessment.The researcher found numerous sources but very few were relevant to the research. The British Journal of Criminology was the primary journal that had majority of
5 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM information on the topic. The researcher then searched for books on hate crimes and found that many books dealt with the topic especially the history and origin of hate crime. The researcher also searched for newspaper articles and other news items published in various news sites. It was found The Guardian to have the most balanced coverage of hate crimes post the referendum. It was also found that some newspapers had a rather negligent perspective on the issue including the Daily Mail and The Spectator. The most important parameter for any search is to know the keywords correctly and then search. Conclusion Therefore, to conclude, it could be stated that hate crimes in the UK are not a new thing and has been a concern for the lawmakers and the government. The literature review conducted found that origins of hate crime could be traced back to the early ages of the Romans and Christians and the Nazis and Jews. However, the origin of the word did not happen until the 1980s.The review then found that UK has been largely affected by hate crimes against people of minority whether it is racial, sexual, ethnic, cultural or religious minority. The laws that govern hate crimes were also included in the review, which revealed that the laws are not very harsh but very lenient. The supporters and opposition to harsh laws on hate crimes were also included in the review. It also mentioned the role of top politicians in instigating religious hate crimes against the minorities.
6 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM References: Assets.publishing.service.gov.uk (2019).An Overview of Hate Crime in England and Wales. [online]Assets.publishing.service.gov.uk.Availableat: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/ file/266358/hate-crime-2013.pdf [Accessed 2 May 2019]. BBCNews.(2019).Howyoungpeoplelovetohate.[online]Availableat: https://www.bbc.com/news/uk-46543874 [Accessed 2 May 2019]. Burnett, J., 2017. Racial violence and the Brexit state.Race & class,58(4), pp.85-97. Cps.gov.uk.(2019).Hatecrime|TheCrownProsecutionService.[online]Availableat: https://www.cps.gov.uk/hate-crime [Accessed 2 May 2019]. Duggan, M. and Heap, V., 2014.Administrating victimization:The politicsof anti-social behaviour and hate crime policy. Springer. Fotopoulos, S. and Kaimaklioti, M., 2016. Media discourse on the refugee crisis: on what have the Greek, German and British press focused?. European View, 15(2), pp.265-279. Gerstenfeld, P.B., 2017.Hate crimes: Causes, controls, and controversies. Sage Publications. Goodenough, T. (2019).Hate crime is up – but it’s not fair to blame Brexit | Coffee House. [online] Coffee House. Available at: https://blogs.spectator.co.uk/2017/10/hate-crime-is-up-but- its-not-fair-to-blame-brexit/ [Accessed 2 May 2019]. Mason-Bish, H., 2017. Future challenges for hate crime policy: Lessons from the past. InHate Crime(pp. 78-97). Willan.
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7 CRITICAL EVALUATION OF HATE CRIME IN THE UNITED KINGDOM Van Noorloos, M., 2014. The politicisation of hate speech bans in the twenty-first-century Netherlands: Law in a changing context.Journal of Ethnic and Migration Studies,40(2), pp.249- 265. Weaver, M. (2019).Hate crime surge linked to Brexit and 2017 terrorist attacks. [online] the Guardian.Availableat:https://www.theguardian.com/society/2018/oct/16/hate-crime-brexit- terrorist-attacks-england-wales [Accessed 2 May 2019].