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Criminal Law Dealing with Hate Crimes

Functional Comparative Law- Germany vs. USA

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Christine Marie Shavers

This study aims at providing a contribution to the current issue of hate crime. It analyzes the possibilities which are served by the German and the US American law to penalize bias-motivated crimes, while considering the historical and social background of both societies. It is questioned which legal goods are harmed by the committal of hate crime and whether the German penal law is suitable to address the wrong of hate crime and whether it is capable of properly punishing this sort of crime in respect to the blameworthiness of the offender. By applying the functional method of law comparison, understandings regarding the handlings of hate crimes in the USA and in Germany are exploited and, as a result, possible solutions for weaknesses of the prevailing law are offered.
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Acknowledgements

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I am indebted to my thesis supervisor, Prof. Dr. Peter Rackow, for the ongoing, attentive and always pleasant supervision of this study. I could not have wished for greater academic assistance. With the help of those indescribably beneficial discussions which regularly occurred throughout the research period enabled me to succeed in this project the way I did.

I acknowledge my dissertation committee: My peer reviewer Prof. Dr. Dieter Kugelmann for providing the second opinion in a timely manner and for acting as my chairperson. Furthermore, I am grateful for him sharing his inspiring thoughts during a doctoral seminar in the early stage of the preparation of this work. I am appreciative of the pleasant rounding of the examination procedure by Prof. Dr. Joachim Kersten on the day of my dissertation defense.

I owe my gratitude to Prof. Dr. Manfred Maiwald (emerit.), it is an honor for me to publish this dissertation in his publication series. In this regard, I would like to thank Prof. Dr. Carsten Momsen for supporting me in various ways.

I am grateful to Daniel and Betti for their eager and enduring support, it is truly appreciated!

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