Prosecution of bias motivated crimes in a New Jersey county, 2001--2004.
Item
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Title
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Prosecution of bias motivated crimes in a New Jersey county, 2001--2004.
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Identifier
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AAI3204984
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identifier
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3204984
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Creator
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Phillips, Nickie D.
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Contributor
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Adviser: Delores Jones-Brown
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Date
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2006
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Language
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English
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Publisher
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City University of New York.
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Subject
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Sociology, Criminology and Penology
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Abstract
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Beginning in the 1980s, various interest groups recognized and publicized the harm caused by bias motivated violence. As a result, virtually every state enacted some form of bias crime legislation. Over the past two decades, research has focused on an array of issues pertaining to bias crimes including the consequences of victimization and the causes of bias-motivated violence. Additionally, much scholarly debate centered on the concept of bias crimes, the constitutionality of bias crime legislation, and the enforcement of the legislation.;Despite the widespread implementation of the legislation, there is little research focused on the prosecution of bias motivated crimes. This dissertation examined the investigation and prosecution of bias motivated cases in one New Jersey county between 2001 and 2004. The study presented a comprehensive examination of the cases referred for prosecution as well as the types of cases successfully prosecuted. The study also explored the policy implications surrounding the enforcement of bias crimes and the effects of the enforcement of the legislation on minorities.;Many cases that reached the bias unit did not reach the level of a criminal offense, resulting in a large number of declined cases. Of the cases that reached the bias unit for investigation, five percent were referred for prosecution as a bias crime. Of the cases charged as a bias crime, half would not have been indictable crimes without the bias element, which essentially bumped the crime up to a felony in the 4th degree. The study did not find that minorities were disproportionately prosecuted for bias crimes.;The cases referred for prosecution were categorized according to McDevitt, Levin, & Bennett's (2002) bias crime typology. While the majority of cases fit the typology, about one-third did not, which led to the creation of one additional category labeled "Interpersonal Confrontation." In the current study, the enforcement of bias crime legislation cast a wide net and captured many cases in which relatively minor crimes appeared to be motivated by factors other than primarily bias motivation.
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Type
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dissertation
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Source
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PQT Legacy CUNY.xlsx
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degree
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Ph.D.
