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Hate Crimes: Methodological, Theoretical, and Legal Challenges

Cultural and Religious Studies, January 2016, Vol. 4, No. 1, 1-13 doi: 10.17265/2328-2177/2016.01.001 PUBLISHING D DAVID Hate Crimes-Methodological, Theoretical & Empirical Difficulties-A Pragmatic & Legal Overview Gadi Hitman Ariel University and Beitberl Academic Colleague, Israel Dror Harel Independent Scholar Hate crimes are a culture phenomenon which is perceived by most as an occurrence that should be uprooted from the society. Yet, to date, we have been unable to do so. Hate crimes are the subject of research and comments by experts in various fields. In this regard, most scholars agree that a hate based crime is distinguished from a "regular" criminal offence by the motive-the attack is aimed at a victim who is part of a differentiated minority group. However, when reading the relevant documents in the area, it seems that the differences between the experts start at the most basic point-what constitutes hate crimes?" This article analyses the concept of "hate crimes" via an interdisciplinary approach aimed at flashing out the fundamental gaps in the research. We have found that the problems include, inter alia, discrepancies in the definition of hate crimes, methodological difficulties regarding validity and legitimacy (mainly due to the absence of information based on the attacker's point of view) and the lack of agreement on the appropriate legal methods required to deal with the ramifications of hate crimes. While part I of this paper revolves around the theoretical aspects of the questions put forth at the centre of this article, part II looks at the same questions from a legal viewpoint. The correlation between the two chapters shows the impact the methodological difficulties have on enforcement endeavors. This relation is further advanced through the examination of test cases from different countries, among them-Israel. Finally, the article concludes by suggesting a few thoughts on the way to overcome the theoretical problems and making the enforcement efforts more efficient. Keywords: hate crimes, methodological problems, legal enforcement Part I-Theoretical and Methodical Aspects Identifying the Problem A hate crime is differentiated from a "regular" criminal offence because it is focused on the victim-a person belonging to a group distinct from the overall population due to reasons of race, ethnicity, religion, Gadi Hitman, Ph.D., adjunct Professor, Political Science and Middle East Studies, Ariel University, Israel. Dror Harel, Ph.D., independent scholar. Correspondence concerning this article should be addressed to 8 Brener Street, Kfar Sava, Israel, Zip Code 4434908. 1 It should be mentioned at this point that our research showed that although there are significant differences, it is possible to conclude a few central remarks, mainly regarding the escalation of hate crimes. First, an attack against an individual from a minority group can be viewed by the public as a hate crime and be copied as such, even when the attacker's intent did not steam from raciest ideas. See J. Levin & G. Rabrenovic, Hate Crimes and Ethnic Conflict, 45(4) American Behavioral Scientist 575 (2001), at 575-576. Second, it is agreed that most perpetrators are young adults who are empowered by the