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How acts become hate crime: The police's documenting of criminal cases
Abstract
This article presents findings from a qualitative study of criminal cases labelled hate crime in Norway. The author asks what kind of knowledge is being produced through the criminal cases and what does it say about policing? The study captures how the cases become registered in the system. This results in the creation of three main categories of events, namely what the author calls post hoc victim reported incident, post hoc police reported incident and in situ incident. The author finds that the practice-oriented document analysis enables an understanding of how some acts are criminalized and turned into ‘hate crimes.’ In addition, the few cases that are exercised in court, have an impact on policing hate crime, as actors and materiality come together in producing a sense of justice, urgency and need of police attention on future, similar events.
... For many years, the Norwegian Director of Public Prosecutions has made hate crime a priority (Riksadvokaten, 2023). A hate crime unit was established in Oslo in 2014, and this later developed into the National Police Competence Group on Hate Crime, tasked with supporting police on this issue throughout the country (Solhjell, 2023). In 2023, the government launched an action plan for sexual and gender diversity, which included several measures to fight anti-LGBTQI hate crime, such as improving police statistics and fostering productive dialogue between the police and LGBTQI communities (Ministry of Culture and Equality, 2023). ...
... According to a Norwegian self-reporting survey, the hate crime victimisation rate is 3.8% in the general population, far higher than is shown in official crime statistics (Løvgren et al., 2022). Victimisation rates may be even higher because many hate crimes go unrecognised both by police and by victims, who do not necessarily self-identify as a victim of hate crime (Farrell & Lockwood, 2023;Solhjell, 2023). ...
This study investigates the views and experiences of lesbian, gay, bisexual, transgender, queer or intersex (LGBTQI) people in Norway of reporting hate crimes to the police, using more than 3000 responses to open-ended survey questions. We used thematic analysis to identify the variety of experiences of reporting hate incidents and the reasons for not reporting them. We identified a range of barriers to reporting incidents, and a few positive experiences, across the five dimensions of reporting we conceptualised. Our findings indicate a widespread lack of trust among LGBTQI citizens in the police’s ability to provide justice and protection in relation to hate crime victimisation. The different experiences and views of barriers to reporting we identified are clearly related to issues of police legitimacy, procedural justice, and legal cynicism. The findings help explain why underreporting of anti-LGBTQI hate crimes is a major issue in Norway, as it is elsewhere.
... Professor H.L.A. Hart claims that the appeal to morality is never needed to apply the law in cases where the meaning of the terms used by the legislator is not very clear (called by him, 'problems of the penumbra'), because in reality in such situations the judge has only to find that the norm is incomplete and to solve the cases rationally, taking into account the social objectives 'We can say laws are incurably incomplete and we must decide the penumbral cases rationally by reference to social aims. ' 26 In a famous quote given to this author, Professor Lon L. Fuller 27 , from Harvard University, shows that law contains its own implicit morality: 'Law, considered merely as order, contains, then, its own implicit morality,' which obviously didn't meet the Nazi laws. At the same time, it shows that law cannot be based on law, as an external morality is needed, which makes the law possible. ...
... The question of whether the judge creates law in difficult cases or merely 27 discovers it in existing rules and principles has also elicited different answers, depending on the theory adopted by those who have tried to give the answer. Positivists considered it obvious that if they must solve a question of law that is not explicitly regulated in legislation, judges create law because they have to solve the case. ...
The article tries to answer a very important problem faced by legal practitioners of all times, namely the problem of the relationship between equity and law. The perspective of a judge on this aspect is complemented by that of prestigious authors who have reflected on the most appropriate way of applying the law. In the article they are analyzed two major currents of interpretation of legal norms, which are still facing each other in the theory of law, namely textualism and purposivism, the first current claiming that the interpretation of the legal norms must be done exclusively on the basis of the text of the law, and the second that the legislator’s intention or purpose must also be taken into account. It is also emphasized the risk that, through the interpretation of the law, judges will impose their views on state policy. Only equity can protect us from this risk, because it prevents arbitrariness.
This qualitative study critically examines the intricate interplay between trauma, structural inequalities, and recidivism within the criminal justice system. By synthesizing secondary data from seminal works, the research explores how Adverse Childhood Experiences (ACEs) influence criminal behavior and contribute to patterns of recidivism globally. The study highlights the often-overlooked gendered dimensions of trauma, emphasizing the unique challenges faced by female offenders and the role of reintegration support in mitigating recidivism. It delves into the systemic impacts of societal institutions, reflecting elements of human evolutionary history and how these perpetuate trauma and anger within Western criminal justice systems. Additionally, the research investigates the influence of personality traits on criminal behavior, shaped by both genetic and environmental factors. The transformative potential of restorative justice diversion is explored as a structural health intervention aimed at addressing trauma and reducing recidivism. The findings advocate for a comprehensive approach to justice reform that prioritizes healing, rehabilitation, and equity, challenging conventional punitive measures and promoting a more humane and effective response to crime. This study contributes to the broader discourse on crime and justice, offering insights that inform holistic interventions within the criminal justice system.
Hate crimes are reprehensible acts driven by animosity and bias against specific target groups, transcending borders and geographical boundaries. Effectively addressing hate crimes necessitates a profound understanding of the victims impacted by prejudice and hostility. To combat crimes rooted in prejudice, it is crucial to delve into the experiences of the victims. A comprehensive understanding of their needs, characteristics, and perspectives becomes paramount for conducting thorough investigations, countering criminal activities, and preventing further victimization. Within this framework, this chapter encompasses the identification of victim groups affected by hate crimes and a detailed exploration of the requisite measures to eradicate victimization. This multifaceted approach aims not only to address the immediate consequences of hate crimes but also to implement proactive strategies that contribute to the prevention of recurrent victimization.
This article investigates how police officers and prosecutors make sense of and speak about their work with hate crimes. Our analysis rests upon Robert Reiner's widely acknowledged claim that policing is inherently political. We identified three core issues that illustrate the political nature of policing hate crimes. First, the politically contingent boundary work of distinguishing criminal from legal acts. Second, the impact of the enforcement of hate crime laws on the reproduction of social inequalities. Third, the “diversity politics” of gaining legitimacy and trust among minorities, which hate crime legislation is meant to protect. While a strong commitment to policing hate crimes is evident among our interviewees, we ask if the politically invested discourse they present may contribute to an absence of critical reflections regarding the limited effect of law enforcement, as well as a lack of engagement with pressing concerns regarding racialized crime control and racism.
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