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Prosecutorial Perspectives on Gender-Bias Hate Crimes

NCJ Number
211099
Journal
Violence Against Women: An International and Interdisciplinary Journal Volume: 11 Issue: 9 Dated: September 2005 Pages: 1162-1185
Author(s)
Beverly A. McPhail; Diana M. DiNitto
Date Published
September 2005
Length
24 pages
Annotation
This study explored the knowledge of prosecutors’ concerning gender-bias hate crimes and their willingness to charge violence against women as a hate crime.
Abstract
The category of hate crime is a relatively new development in American jurisprudence. In addition to the other categories of hate crime, gender is increasingly being included as a status category in State and Federal hate crime laws. The current study explored how prosecutors view gender as a status category in hate crime law, specifically in terms of their knowledge of gender-bias violence and their willingness to charge violence against women as a hate crime. A sample of 17 prosecutors from Texas participated in in-depth qualitative interviews that were analyzed using a grounded theory method that includes the constant comparative method. Results indicated low levels of knowledge among prosecutors concerning gender-bias hate crimes. Prosecutors expressed the opinion that violence against women stems from power and control issues, rather than bias against women and noted that the prosecution of hate crimes can be problematic. The authors recommend adopting an advocacy approach that supports the notion of violence against women as an issue of power and control while at the same time educates and encourages prosecutors and the public to adopt a hate crime perspective on violence against women. Tables, references

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