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The Birth and Maturation of Hate Crime Policy in the United States

University of California, Davis

VALERIE JENNESS

University of California, Irvine

To comprehend the contemporary significance of hate crime, it is necessary to understand how the concept emerged and gained acceptance, as well as how its meaning has been transformed over time and across the institutional spheres of the American policy-making process—from social movements to legislatures to appellate courts and, finally, to law enforcement. As the concept traversed these spheres, its definition and the scope of its application have been substantially clarified. In the process, each institutional sphere placed new constraints on the concept, which restricted its scope in some ways and expanded it in others. The contemporary understanding of hate crime, legally, politically, and culturally, reflects the cumulative efforts of situated actors within and across these spheres. The authors consider how awareness of these general patterns is helpful for evaluating the recent criticisms of hate crime policies.

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