Monday, February 25, 2008
Tweet[IWS] CRS: CONSTITUTIONAL LIMITS on HATE CRIME LEGISLATION [20 February 2008]
IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
Congressional Research Service (CRS)
Order Code RS22812
February 20, 2008
Constitutional Limits on Hate Crime Legislation
Alison M. Smith, Legislative Attorney, American Law Division
http://assets.opencrs.com/rpts/RS22812_20080220.pdf
[full-text, 6 pages]
Summary
Federal and state legislators recognize the special concerns and effects of hate
crimes. Although there is some federal legislation in place, many states have enacted
some form of ethnic intimidation law or bias-motivated sentence-enhancement factors
in attempts to curtail hate crimes. Several United States Supreme Court cases provide
the framework in which states must legislate to ensure the constitutionality of hate crime
legislation. After these landmark cases, the real questions for states involve identifying
permissible ways to curtail hate crimes without infringing on any constitutionally
protected rights. On the federal level, in light of U.S. Supreme Court cases, the question
remains as to what extent Congress can broaden the classes of individuals subject to hate
crime legislation. This report discusses constitutional considerations facing both
individual states and Congress in enacting hate crime legislation. It will be updated as
events warrant.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor---------------------- Stuart Basefsky
New York, NY 10016 -------------------------------Director, IWS News Bureau
________________________________________________________________________
Congressional Research Service (CRS)
Order Code RS22812
February 20, 2008
Constitutional Limits on Hate Crime Legislation
Alison M. Smith, Legislative Attorney, American Law Division
http://assets.opencrs.com/rpts/RS22812_20080220.pdf
[full-text, 6 pages]
Summary
Federal and state legislators recognize the special concerns and effects of hate
crimes. Although there is some federal legislation in place, many states have enacted
some form of ethnic intimidation law or bias-motivated sentence-enhancement factors
in attempts to curtail hate crimes. Several United States Supreme Court cases provide
the framework in which states must legislate to ensure the constitutionality of hate crime
legislation. After these landmark cases, the real questions for states involve identifying
permissible ways to curtail hate crimes without infringing on any constitutionally
protected rights. On the federal level, in light of U.S. Supreme Court cases, the question
remains as to what extent Congress can broaden the classes of individuals subject to hate
crime legislation. This report discusses constitutional considerations facing both
individual states and Congress in enacting hate crime legislation. It will be updated as
events warrant.
______________________________
This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.
Stuart Basefsky
Director, IWS News Bureau
Institute for Workplace Studies
Cornell/ILR School
16 E. 34th Street, 4th Floor
New York, NY 10016
Telephone: (607) 255-2703
Fax: (607) 255-9641
E-mail: smb6@cornell.edu
****************************************
# posted by SBasefsky : 9:28 AM
