Exploring Gender in Hate Crime Law
Publication Year: 2011
Jessica P. Hodge uses extensive empirical research, including newspaper accounts, legislative histories, and interviews with criminal justice professionals and advocacy groups to investigate the creation and implementation of the gender category in New Jersey. She finds several reasons why the gender category is (or is not) included and/or implemented in particular cases. Extrapolating her findings beyond the Garden State, Hodge illuminates the challenges of developing definitive and effective gender-inclusive bias crime statutes.
Published by: Northeastern University Press
Preface and Acknowledgments
Approximately seven years ago I first discovered my interest in hate crimes, particularly gender-motivated hate crimes. The topic intrigued me because violence against women continues to be a significant social problem, yet there is no consensus on the appropriate response to this problem within the academic literature or within federal and state policies. Over the past several years I have spent considerable time researching...
1. Why Does Gender Matter?
Some men deliberately target women with violence. While the above examples are a few of the more well-known cases in which women were attacked because of their gender, as a group, women experience violence in staggering amounts on a daily basis. For example, two to four million women...
2. Hate Crime Legislation: The Past and Present
Hate crime policy is a complex topic. Not only do scholars and policymakers debate the effectiveness of hate crime legislation, they also debate which groups should be protected by the laws. As demonstrated in the previous chapter, one of the most controversial issues is whether gender should be included as a protected group. To understand how gender...
3. Developing the Gender Category: “It Just Made Sense"
In 1981, New Jersey became one of the first states to enact a hate crime law (Vitale 2002). Like many early state statutes on hate crimes, this law was added to the general harassment and simple assault statutes, in the part of the criminal sentencing code concerning the criteria for an extended term...
4. Enforcing the Gender Category: “Is Gender Even on Their Radar?”
New Jersey’s bias crime statute was expanded to include gender on August 15, 1995. However, according to the state’s annual crime reports, only four genderbias incidents were recorded between 1999 and 2008—and, interestingly, these incidents were recorded in the state’s most recent reports, published...
5. Where Do We Go from Here?: Policy Implications and Directions for Future Research
A woman standing outside a downtown nightclub is knocked to the ground by a man she does not know. Without saying a word to her, he assaults her and fractures her skull. This man had also verbally and physically assaulted four other women after they had rejected his advances...
Appendix A: Methodology
Appendix B: New Jersey Bias Crime Statutes
Appendix C: Senate Bills 1146 and 402
Appendix D: New Jersey Bias Crime Legislation Effective as of March 13,2008 [after the period studied in the book]
Appendix E: Interview Guides