Advanced Criminal Law Assessment Notes

1 Found helpful • 9 Pages • Topic Notes • Year: Pre-2021

1. Hate crimes in Australia: Introducing punishment enhancers – Mark Walters 2005 (HOMOSEXUALITY, LAWS IN AUS vs. US vs. UK) • US – almost every state has hate crime legislation • UK introduced legislation against crimes motivated by racism and religion • AU does not have hate crimes only ADA and RDA – more limited • Enhancing punishment o Because of a prejudice or bias → hate crime o Must include an “intent standard” – intention of offender o Two models (1) hatred motivation – offender acts out of hatred for victim’s identity; and (2) group selection – intentionally choosing sb because of they are from a particular group o Sentence of already criminal act is increased where offender has committed bias crime • US legislation o Argued by Warren Chisum, Texas State Representative, that by including sexual orientation, laws would “give minority status to a human act” as opposed to born identity (Then what about religion which is also a choice?) o Gay rights are perceived by some groups as “a matter of choice” o “Intentionally selects” “because of” “by reason of”→ penalty enhancement made o Hatred model gives greater protection to defendants from being wrongly accused as it requires a more onerous burden to prove the actual malice or ill will o “Pure” bias crimes is a whole new crime (does not run parallel) o Discrimination against homosexuality yet to be implemented in some states, rejects and ignores the legitimacy of homosexuality

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