Hate motivated crimes Flashcards
(15 cards)
What is the legal definition of hate-motivated crime in New Zealand?
There is no legal definition for hate-motivated crime in New Zealand.
Police has developed ‘working definitions’ for operational purposes.
What does the term ‘working definitions’ refer to in the context of hate-motivated crime?
Definitions adopted for operational purposes that can evolve over time.
They are based on a broad landscape of definitions across agencies and communities.
What is the Police’s working definition of hate-motivated crime?
“Any offence which is perceived, by the victim or any other person, to be motivated, wholly or in part, by a hostility or prejudice based on a person’s particular characteristic, such as race, religion, sexual orientation, gender identity, disability or age.”
This definition recognizes possible hate motivation behind already criminalized behavior.
Does the working definition of hate-motivated crime criminalize new behavior?
No, it recognizes existing criminal behavior that may have hate motivation.
It fits within New Zealand’s existing statutory settings.
What types of offenses may be included as hate-motivated crime?
- Terror-related offences
- Lower-level offending under the Summary Offences Act 1981
- Harmful digital communications
- Objectionable publications
These offenses must be motivated by hate.
What is the significance of hate as an aggravating factor in New Zealand law?
Hate is recognized as an aggravating factor at sentencing under s9(1)(h) Sentencing Act 2002.
There are no stand-alone ‘hate-motivated crime offences’ in New Zealand.
Fill in the blank: The characteristics recognized in the working definition of hate-motivated crime are not _______.
exhaustive
Other characteristics may also be included.
What are the two types of incidents that require different Police responses?
Hate-motivated crime and non-criminal hate-motivated incidents
Legislation sets out what behavior reaches a criminal threshold.
What is the Police’s responsibility regarding non-criminal behavior?
Police cannot categorize non-criminal behavior as criminal
This means they cannot take criminal action against non-criminal incidents.
How should a non-criminal hate-motivated incident be responded to?
It must not be responded to in the same way as a hate-motivated crime
No offense has been committed in non-criminal incidents.
What actions CANT Police take regarding a non-criminal hate-motivated incident?
How should it be dealt with?
Police cannot formally warn, provide supported resolutions for, or charge an individual
These actions are reserved for criminal incidents.
use the 4 Rs
Recognize
Respond
Resolve
Record
What are the intended outcomes of identifying and responding to hate-motivated crimes?
The intended outcomes are:
* Reduce the harm caused to individuals and groups
* Ensure everyone is safe and feels safe
* Prevent hate-motivated crime re-offending
* Improve public trust and confidence in Police
True or False: Police can charge an individual involved in a non-criminal hate-motivated incident.
False
Police cannot take criminal action for non-criminal incidents.
Fill in the blank: Identifying and responding to hate-motivated crimes aims to _______.
[reduce the harm caused to individuals and groups]
This is one of the key intended outcomes.
What are the four Rs
How we respond to hate crime…
Recognise
- recognizing that it is perceived hate. We don’t have to justify whether or not the perception is correct.
Record
Record an NIA that it is a hate crime
Respond
Acknowledge the Home caused, that we take it seriously, offer a support or referral
Resolve
Use resources to help resolve it
