10.5064/F6833Q5K Bleich, Erik Erik Bleich https://orcid.org/0000-0002-0887-7013 Middlebury College Qualitative Data Repository 2017 Social Sciences courts hate speech institutionalism interviews judicial decision making Qualitative Data Repository Syracuse University Bleich, Erik Erik Bleich Department of Political Science, Middlebury College Zoe Hamilton 2017 2017-08-16 2018-04-10 2012-09-01/2016-05-30 1972-07-01/2012-12-31 interview transcripts QDR:10084 10.1017/S0043887117000272 978-0-8014-5194-2 10.5064/F6833Q5K/JREQ8K 10.5064/F6833Q5K/MJMEVC 10.5064/F6833Q5K/RME7J1 10.5064/F6833Q5K/DXWGPT 10.5064/F6833Q5K/WRDKMY 10.5064/F6833Q5K/IBA8NX 10.5064/F6833Q5K/DPUOBX 10.5064/F6833Q5K/2CSDLZ 10.5064/F6833Q5K/GRMIGS 10.5064/F6833Q5K/ZNURUO 10.5064/F6833Q5K/JNQFM8 10.5064/F6833Q5K/EJFCFI 10.5064/F6833Q5K/LE2NIF 10.5064/F6833Q5K/IMU3HN 10.5064/F6833Q5K/AE773R 10.5064/F6833Q5K/BGQHXS 10.5064/F6833Q5K/ZYSPOR 10.5064/F6833Q5K/QTTEQ2 10.5064/F6833Q5K/EOTRVF 10.5064/F6833Q5K/G3XJKZ 96169 71624 69626 64420 68048 84311 85708 299228 162926 68839 89095 89356 106955 97672 71949 104071 72258 85462 57439 2724 application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf application/pdf text/plain 1.1 Qualitative Data Repository Standard Access Conditions <h3>Project Summary</h3> <p>This project was designed to identify the factors that influenced French Court of Cassation (the Supreme Court for criminal law) decisions in hate speech cases. We identified all 103 substantive hate speech cases reviewed by the Court of Cassation between the inception of a major anti-racism law in 1972 and the end of 2012. We then identified categories of interviewees distributed across different types (judges, prosecutors, lawyers, NGOs, academics). We combined the information gathered from these interviews with information from the written court decisions as well as archival information detailing some internal deliberations of the court. The main conclusion of the research is that French judges are influenced to a significant degree by the social identity of the victim group, but that this influence has shifted over time. In general, the court has been much more apt to uphold convictions if the targets of the hate speech were understood as vulnerable minorities who are victims of "true racism" than if the targets were societal majorities such as whites, Catholics, Christians, or "French."</p> <h3>Data Abstract</h3> <p>Interviewees were selected according to procedures outlined in Bleich & Pekkanen (2013). Interviews were conducted in France, primarily between July 2014 and July 2015. Most were done in person, though some are phone interviews and some were email exchanges. Most interview records submitted here are the author's summaries of the interviews rather than transcripts. They are based on simultaneous note-taking supplemented by post-interview additions and edits. A few have been edited after the fact based on the interviewee's reading of the notes and amendments. The interview data was one key portion of evidence assembled to address the question of how the French high court decided hate speech cases. Written French court decisions are typically short, and do not contain as much information as, for example, US Supreme Court decisions, nor do they contain information about divisions within the court. So the interview data reveals information that goes beyond what is available in the written record. In addition, I relied on information on internal deliberations by court-appointed representatives (judges and prosecutors) derived from an archive for which I was granted access permission. I do not have permission to share this information, nor to reproduce the original court decisions.</p> France