Abstract

ESCOBAR BELTRAN, Samuel Augusto. From Hate to Bias: Reflections on Subjectivity and its Proof in Antidiscrimination Criminal Dispositions. Estud. Socio-Juríd [online]. 2016, vol.18, n.2, pp.175-202. ISSN 0124-0579.  https://doi.org/10.12804/esj18.02.2016.06.

Regarding crimes against equality, through legal and criminological perspectives we argue the vantage point of adopting a bias crime model, understood as the negative characterization and discriminatory selection of the victim in reason of her belonging to a group, in lieu of hate, which implies evidencing the attacker's hostility towards the group the victim belongs to. This will allow criminal law to have better chances at tackling the true causes of discrimination, which take place beyond individual attitudes. This model will also allow the context in which the hierarchical and symbolic uses of violence occur, to be used as a distinctive sign of a prejudiced crime within the safeguards of criminal law.

Keywords : hate crime; prejudice; discrimination; Criminal Law; Criminology.

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