When Law and Hate Collide
Should hate-motivated
crime be sentenced more
severely?
Prof Michael Cavadino
Lancashire Law School
A ‘sentencing uplift’ for
hate-motivated crimes?
(compared to similar crimes
lacking hate-motivation)
Life cycle of hate crime
Crime
Investigation &
detection
Prosecution
Trial &
verdict
Sentence
A ‘sentencing uplift’ for
hate-motivated crimes?
(compared to similar crimes
lacking hate-motivation)
Aims of Punishment
1
REDUCTIVISM
2
RETRIBUTIVISM
(Just deserts)
3
4
VICTIM SATISFACTION
REPARATION/
RESTORATIVE JUSTICE
Aims of Punishment
1
REDUCTIVISM
2
RETRIBUTIVISM
(Just deserts)
3
4
VICTIM SATISFACTION
REPARATION/
RESTORATIVE JUSTICE
Aims of Punishment
1
REDUCTIVISM
2
RETRIBUTIVISM
(Just deserts)
3
4
VICTIM SATISFACTION
REPARATION/
RESTORATIVE JUSTICE
REDUCTIVISM
(Crime control)
z REFORM (Rehabilitation)
z INCAPACITATION
z DETERRENCE
(individual and general)
a) DENUNCIATION
Life cycle of hate crime
Crime
Investigation &
detection
Prosecution
Trial &
verdict
Sentence
REDUCTIVISM
(Crime control)
z REFORM (Rehabilitation)
z INCAPACITATION
z DETERRENCE
(individual and general)
a) DENUNCIATION
Aims of Punishment
1 REDUCTIVISM
2
RETRIBUTIVISM
(Just deserts)
3
4
VICTIM SATISFACTION
REPARATION/
RESTORATIVE JUSTICE
RETRIBUTIVISM
(Just deserts)
Punish according to
seriousness of offence
(culpability & harm)
Aims of Punishment
1 REDUCTIVISM
2
RETRIBUTIVISM
(Just deserts)
3
4
VICTIM SATISFACTION
REPARATION/
RESTORATIVE JUSTICE
Life cycle of hate crime
Crime
Investigation &
detection
Prosecution
Trial &
verdict
Sentence
“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)
Aims of Punishment
1 REDUCTIVISM
2
RETRIBUTIVISM
(Just deserts)
3
4
VICTIM SATISFACTION
REPARATION/
RESTORATIVE JUSTICE
Restorative Justice
and shame
Stigmatising
shame
vs.
Reintegrative
shaming
“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)