Description

Book Synopsis
This study aims at providing a contribution to the current issue of hate crime. It analyzes the possibilities which are served by the German and the US American law to penalize bias-motivated crimes, while considering the historical and social background of both societies. It is questioned which legal goods are harmed by the committal of hate crime and whether the German penal law is suitable to address the wrong of hate crime and whether it is capable of properly punishing this sort of crime in respect to the blameworthiness of the offender. By applying the functional method of law comparison, understandings regarding the handlings of hate crimes in the USA and in Germany are exploited and, as a result, possible solutions for weaknesses of the prevailing law are offered.

Table of Contents
Contents: Hate Crime – Bias-Motivated Offense – Hateful Bias – German Criminal Law – US Penal Law – Aggravated Statutes – Sentencing – Functional Comparative Law – Penal Law Comparison USA-Germany – History and Society USA – German Legal System – Harm Principle – Legal Good Doctrine – Wrong of an Offense – Blameworthiness.

Criminal Law Dealing with Hate Crimes: Functional

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    A Hardback by Christine Marie Shavers

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      Book details

      Publisher Peter Lang AG
      Published 30 June 2014
      ISBN-13 9783631642207
      978-3631642207
      ISBN-10 3631642202
      Also in:
      Comparative law Criminal law: procedure and offences International law

      Description

      Book Synopsis
      This study aims at providing a contribution to the current issue of hate crime. It analyzes the possibilities which are served by the German and the US American law to penalize bias-motivated crimes, while considering the historical and social background of both societies. It is questioned which legal goods are harmed by the committal of hate crime and whether the German penal law is suitable to address the wrong of hate crime and whether it is capable of properly punishing this sort of crime in respect to the blameworthiness of the offender. By applying the functional method of law comparison, understandings regarding the handlings of hate crimes in the USA and in Germany are exploited and, as a result, possible solutions for weaknesses of the prevailing law are offered.

      Table of Contents
      Contents: Hate Crime – Bias-Motivated Offense – Hateful Bias – German Criminal Law – US Penal Law – Aggravated Statutes – Sentencing – Functional Comparative Law – Penal Law Comparison USA-Germany – History and Society USA – German Legal System – Harm Principle – Legal Good Doctrine – Wrong of an Offense – Blameworthiness.

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