'Responsibility for hate crimes in the criminal law of the United States: legislative and law enforcement aspects' National Security / nota bene nbpublish.com
Eng Cn Translate this page:
Please select your language to translate the article


You can just close the window to don't translate
Library
Your profile

Beshukova Z.M. Responsibility for hate crimes in the criminal law of the United States: legislative and law enforcement aspects

Published in journal "National Security / nota bene", 2015-4 in rubric "Humanitarian support of national security", pages 609-615.

Resume: This article is dedicated to the issues of regulation of responsibility in the United States criminal law for crimes that are recognized by the Russian legislation as crimes of extremism. The author examines the criminal legal norms that regulate the issues of responsibility for crimes committed on the grounds of hate, as well as the practice of application of criminal legislation in the area of counteraction of such crimes. The article analyzes approach of the American legislator towards the issue of criminalizing actions that according to Russian legislation fall under crimes in the Article 282 of the Criminal Code of the Russian Federation. The United States is one of the most liberal legislations in the world from the perspective of freedom of expression and freedom of speech. It forms a completely different legal and political approach towards the problem of proclamation of hate than in practically any other country: US has a strong tradition of freedom of speech that covers even the most insulting statements. The position of the American legislator consists in the adherence to the doctrine of minimal restriction of freedom of speech, which is substantiated by the positions of the First Amendment to the United States Constitution.

Keywords: Hate crimes , Extremism, Inciting aggression , Ethnic background , Race, Criminal responsibility , Political preference, Freedom of speech, Constitution, Discrimination

DOI: 10.7256/2073-8560.2015.4.12150

This article can be downloaded freely in PDF format for reading. Download article

Bibliography:
Beshukova Z. M. Prestupleniya, svyazannye s osushchestvleniem ekstremistskoy deyatel'nosti: sravnitel'no-pravovoe issledovanie / Z. M. Beshukova. Pyatigorsk: RIA-KMV. 2011.-208 s.
Antipov D. N. Zakony SShA o prestupleniyakh na pochve nenavisti (Hate crime laws) kak model' kriminalizatsii obshchestvenno opasnykh form ekstremizma / D.N. Antipov // Mezhdunarodnoe ugolovnoe pravo i mezhdunarodnaya yustitsiya.-2008.- 1.
Beshukova Z. M. Prestupleniya, svyazannye s osushchestvleniem ekstremistskoy deyatel'nosti: sravnitel'no-pravovoe issledovanie: diss. kand. yurid. nauk. Krasnodar. 2011. 235 s.

Correct link to this article:
just copy this link to clipboard