The Social Construction of a Hate Crime Epidemic

Document Type

Article

Publication Date

Winter 12-1-1996

Journal / Book Title

Journal of Criminal Law & Criminology

Abstract

Drawing on the "social construction of reality" perspective, the article attempts to show how the idea of a hate crime epidemic has come to prevail, by: (1) examining the hate crime epidemic hypothesis and identifying its proponents, including advocacy groups, the media, academics and politicians; (2) examining the hate crime data collection efforts of the Anti-Defamation League, the Southern Poverty Law Center's Klanwatch Project and the FBI; figures from these groups are widely used to confirm the existence of the hate crime epidemic; (3) demonstrating the political and subjective nature of counting hate crimes; and (4) offering some contrarian observations on the status of hate crimes. Collecting hate crime statistics raises unique problems, including: defining hate crime, establishing a reliable means for determining when a perpetrator's bias should transform an ordinary crime into a hate crime and deciding which prejudices are relevant to counting hate crimes. The article expresses doubt that the picture of a hate crime epidemic depicts reality. Perhaps what is new is greater intolerance of prejudice.

Published Citation

James B. Jacobs and Jessica S. Henry, The Social Construction of a Hate Crime Epidemic, 86 J. Crim. L. & Criminology 366 (1996).

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