Criminal Violence: Criminal Violence: Patterns, Causes, and Patterns, Causes, and

Prevention Prevention

Riedel and Welsh, Ch. 7Riedel and Welsh, Ch. 7 “Hate Crimes” “Hate Crimes”

OUTLINEOUTLINEPATTERNS AND TRENDSPATTERNS AND TRENDS Hate Crimes Statistics ActHate Crimes Statistics ActEXPLANATIONSEXPLANATIONS Group Conflict TheoriesGroup Conflict Theories Strain TheoryStrain Theory Social Learning TheoriesSocial Learning TheoriesINTERVENTIONSINTERVENTIONS Specialized Police Bias UnitsSpecialized Police Bias Units Hate Crime Legislation (state and federal)Hate Crime Legislation (state and federal) Civil RemediesCivil Remedies Teaching ToleranceTeaching Tolerance

Hate Crime Statistics ActHate Crime Statistics Act A whole new category of crime was A whole new category of crime was

created with passage of the created with passage of the Hate Hate Crime Statistics Act Crime Statistics Act (HCSA) of 1990. (HCSA) of 1990.

The HCSA required the collection of The HCSA required the collection of nationwide hate crime data for the nationwide hate crime data for the first time. first time.

The goals of the Act were to:The goals of the Act were to: gather information on the frequency, gather information on the frequency,

location, extent, and patterns of hate location, extent, and patterns of hate crimecrime

increase law enforcement awareness of increase law enforcement awareness of problem and responses to itproblem and responses to it

raise public awareness of the problemraise public awareness of the problem send a message that the government is send a message that the government is

concerned about hate crimeconcerned about hate crime

Hate Crime Statistics Act (cont.)Hate Crime Statistics Act (cont.)

The HCSA requires the FBI to collect The HCSA requires the FBI to collect and report data on hate crimes and report data on hate crimes involving the involving the predicate offensespredicate offenses of of murder, non-negligent manslaughter, murder, non-negligent manslaughter, forcible rape, aggravated assault, forcible rape, aggravated assault, simple assault, intimidation, arson, simple assault, intimidation, arson, and vandalism (p. 8). and vandalism (p. 8).

A A predicate offensepredicate offense means two things: means two things: (1) a criminal offense has occurred, (1) a criminal offense has occurred, and (2) that offense was motivated and (2) that offense was motivated wholly or in part by prejudice.wholly or in part by prejudice.

For criminal conduct to be a hate For criminal conduct to be a hate crime, then, it must be motivated by crime, then, it must be motivated by prejudice. prejudice.

Hate Crime Statistics Act (cont.)Hate Crime Statistics Act (cont.)

HCSA defines a HCSA defines a hate crimehate crime as “a as “a criminal offense committed against a criminal offense committed against a person or property, which is motivated, person or property, which is motivated, in whole or in part, by the offender’s bias in whole or in part, by the offender’s bias against a race, religion, ethnic/national against a race, religion, ethnic/national origin group, or sexual orientation origin group, or sexual orientation group.” group.”

BiasBias, according to FBI guidelines, is a , according to FBI guidelines, is a performed negative opinion or attitude performed negative opinion or attitude toward a group of persons based on their toward a group of persons based on their race, religion, ethnicity/national origin, or race, religion, ethnicity/national origin, or sexual orientation.sexual orientation.

TrendsTrendsYear Number of

Hate Crime Incidents Reported

Number of States Reporting

Number of Law Enforcement Agencies Reporting

1991 4,755 32 2,771 1992 7,466 41 + D.C. 6,181 1993 7,587 46 + D.C. 6,551 1994 5,852 43 + D.C. 7,200 1995 7,947 45 + D.C. 9,500 1996 8,759 49 + D.C. 11,000 1997 8,049 49 + D.C. 11,211 1998 7,755 46 + D.C. 10,730 1999 7,876 48 + D.C. 12,122 2000 8,063 48 + D.C. 11,690 2001 9,730 49 + D.C. 11,987 2002 7,462 49 + D.C. 12,073 2003 7,489 49 + D.C. 11,909 2004 7,649 49 + D.C. 12,711

Bias-Motivated Offenses by Type, 2004Bias-Motivated Offenses by Type, 2004

Source: Federal Bureau of Investigation, Crime in the United States, Annual Reports (1991-2004)

•Racial prejudiceRacial prejudice motivated more than half of all the reported single-bias incidents (52.9%).

Incidents, Offenses, Victims, and Known Offenders by Bias Motivation, 2004

Incidents, Offenses, Victims, and Known Offenders by Offense Type, 2004

Approximately half of all bias-motivated offenses against persons involved the crime of intimidation (50.1%). Nearly all of the other offenses directed at persons involved assaults: simple assaults made up 31.0% and aggravated assaults accounted for 18.4% of the offenses.

Selected States with 100 or More Incidents, 2004

State Number of participating

agencies

Population Covered

Agencies submitting

incident reports

Total number of

incidents reported

Rate per 100,000

population

U.S. Total 12,711 254,193,439 2,046 7,649 2.94 Arizona 82 5,554,597 19 224 4.03 California 725 35,893,799 245 1,393 3.88 Connecticut 100 3,503,604 49 116 3.31 Florida 490 17,351,455 95 274 1.57 Illinois 63 5,088,478 48 187 3.67 Maryland 150 5,558,058 32 245 4.40 Massachusetts 301 5,837,059 90 346 5.92 Michigan 601 8,995,290 172 556 6.18 Minnesota 318 5,083,400 63 239 4.70 New Jersey 513 8,698,879 249 769 8.84 New York 520 19,199,225 42 386 2.01 Ohio 410 8,991,851 74 353 3.92 Oregon 170 3,592,045 23 155 4.31 Pennsylvania 857 11,406,091 34 105 .920 South Carolina 468 4,196,056 51 105 2.50 Tennessee 453 5,900,962 68 136 2.30 Texas 987 22,466,217 84 309 1.37 Virginia 395 7,399,760 68 307 4.14 Washington 253 6,203,788 51 175 2.82

Offenders Of those persons who committed a

crime based upon their perceived biases, 60.6% were white and 19.7% were black.

12.9% were classified as unknown race.

Groups containing persons of various races accounted for 5.1% of the perpetrators, and the remainder were American Indian/Alaskan Natives or Asian/Pacific Islanders.

Explanations: Group Conflict TheoriesExplanations: Group Conflict Theories

Group membershipGroup membership serves strong individual serves strong individual needs for affiliation and acceptance, and needs for affiliation and acceptance, and intergroup conflict strongly facilitates group intergroup conflict strongly facilitates group cohesiveness and identity. cohesiveness and identity.

““Social categorization”Social categorization” (Tajfel): All that is (Tajfel): All that is necessary for group conflict to occur is necessary for group conflict to occur is individual perception that others are individual perception that others are members of a different group. members of a different group.

Studies have consistently demonstrated Studies have consistently demonstrated systematic systematic in-group preferencesin-group preferences and and out-out-group biasesgroup biases even when the out-group was even when the out-group was one whom in-group members had never one whom in-group members had never met, with whom they had never interacted, met, with whom they had never interacted, and about whom they knew very little.and about whom they knew very little.

Explanations: Group Conflict Theories (cont.)Explanations: Group Conflict Theories (cont.)

In general, experiments have In general, experiments have shown that shown that intergroup intergroup competition for scarce competition for scarce resourcesresources::

increases the level of increases the level of cohesiveness cohesiveness within groupswithin groups

increases increases rejectionrejection of the other of the other group’s membersgroup’s members

facilitates facilitates distortionsdistortions of the other of the other group’s intentions and behaviorsgroup’s intentions and behaviors

Explanations: Strain TheoryExplanations: Strain Theory

InnovationInnovation: use of illegitimate : use of illegitimate means (violence, means (violence, intimidation) to eliminate intimidation) to eliminate competition for jobs, housing, competition for jobs, housing, etc., or to blame others for etc., or to blame others for one’s own one’s own lacklack of success? of success?

Increasing proportions of Increasing proportions of minorities (esp. Hispanic and minorities (esp. Hispanic and Asian) may lead some to look Asian) may lead some to look for "scapegoats."for "scapegoats."

Social Learning TheoriesSocial Learning Theories Differential learning of attitudes and Differential learning of attitudes and

behaviors occurs most strongly behaviors occurs most strongly within within primary groupsprimary groups such as peers such as peers and family.and family.

Mistrust, stereotypes, and animosity Mistrust, stereotypes, and animosity toward other ethnic groups are toward other ethnic groups are learned and reinforcedlearned and reinforced through one’s through one’s interactions with intimate interactions with intimate acquaintances and family members.acquaintances and family members.

Others provide both Others provide both justifications and justifications and rewardsrewards for committing acts of for committing acts of violence or harassment against out-violence or harassment against out-group members.group members.

Interventions: Interventions: Specialized Police "Bias" UnitsSpecialized Police "Bias" Units

Examples: New York, BaltimoreExamples: New York, Baltimore. NY formed . NY formed a specialized police bias unit, while a specialized police bias unit, while Baltimore integrated police responses into Baltimore integrated police responses into their community-oriented policing division.their community-oriented policing division.

Both police departments, in spite of Both police departments, in spite of differing practices and procedures, have differing practices and procedures, have been recognized as leaders in formulating been recognized as leaders in formulating responses to hate crimes.responses to hate crimes.

Neither strategy is cheap, and both require Neither strategy is cheap, and both require substantial police resources and training. substantial police resources and training.

An appropriate response by police and An appropriate response by police and other agencies needs to take into other agencies needs to take into consideration relevant community consideration relevant community characteristics including demographic characteristics including demographic makeup, needs, priorities, histories, and so makeup, needs, priorities, histories, and so on. on.

Interventions: Interventions: Hate Crime LegislationHate Crime LegislationState LawState Law: : Three major types of Hate Crime Three major types of Hate Crime

laws--laws--1.1. Substantive LawsSubstantive Laws: : These are generally These are generally

predicatepredicate crimes -- when motivated by crimes -- when motivated by prejudice, they qualify as hate crimes. State prejudice, they qualify as hate crimes. State laws vary a great deal in terms of which laws vary a great deal in terms of which offenses are designated as predicate crimes. offenses are designated as predicate crimes.

2.2. Sentence EnhancementsSentence Enhancements: statutes that either : statutes that either upgrade an existing offense or increase the upgrade an existing offense or increase the maximum penalty for offenses motivated by maximum penalty for offenses motivated by prejudice. In Pennsylvania, an offender is prejudice. In Pennsylvania, an offender is charged with a crime one degree higher than charged with a crime one degree higher than the predicate offense (thus allowing stronger the predicate offense (thus allowing stronger penalties). penalties).

3.3. Reporting StatutesReporting Statutes are statutes that specify are statutes that specify requirements for hate crime data collection and requirements for hate crime data collection and reporting. The exemplar is the Hate Crime reporting. The exemplar is the Hate Crime Statistics Act of 1990 (HCSA), which required Statistics Act of 1990 (HCSA), which required the collection of nationwide hate crime data for the collection of nationwide hate crime data for the first time. the first time.

Interventions: Interventions: Hate Crime Legislation (cont.)Hate Crime Legislation (cont.) Problems:Problems: Case attrition is high, successful Case attrition is high, successful

prosecution is rare. prosecution is rare. For laws to be effective, police must arrest, For laws to be effective, police must arrest,

prosecutors must charge, juries must convict, prosecutors must charge, juries must convict, and judges must sentence. and judges must sentence.

In Boston, of 452 cases reported to police, only In Boston, of 452 cases reported to police, only 60 resulted in arrest, 38 were charged (in the 60 resulted in arrest, 38 were charged (in the other 22 cases there was insufficient evidence or other 22 cases there was insufficient evidence or diversion), 30 were convicted, and 5 were diversion), 30 were convicted, and 5 were incarcerated. incarcerated.

Numerous difficulties may explain case Numerous difficulties may explain case attrition:attrition: Prosecutors may be hesitant to pursue charges Prosecutors may be hesitant to pursue charges

vigorously. vigorously. Most offenders are strangers to the victim. Most offenders are strangers to the victim. Evidence is often insufficient to sustain Evidence is often insufficient to sustain

conviction (e.g., offender motivations of bias are conviction (e.g., offender motivations of bias are difficult to prove).difficult to prove).

Interventions: Interventions: Hate Crime Legislation (cont.)Hate Crime Legislation (cont.)

Federal Laws:Federal Laws: four main typesfour main types——1.1. Civil Rights ProtectionsCivil Rights Protections Against ConspiraciesAgainst Conspiracies

(e.g., neighbors conspire to keep certain ethnic (e.g., neighbors conspire to keep certain ethnic groups out of their neighborhood)groups out of their neighborhood)

2.2. Forcible Interference with Civil RightsForcible Interference with Civil Rights ( (e.g., e.g., eating in public restaurants, enrolling in school)eating in public restaurants, enrolling in school)

3.3. Deprivations of Civil Rights Under Cover Of LawDeprivations of Civil Rights Under Cover Of Law (concerns actions committed by public officials, (concerns actions committed by public officials, especially police, who intentionally deprive an especially police, who intentionally deprive an individual of his/her constitutional rights)individual of his/her constitutional rights)

4.4. Willful Interference with Civil Rights Under the Willful Interference with Civil Rights Under the Fair Housing ActFair Housing Act (prohibits interference with an (prohibits interference with an individual's rights to buy, rent, or live in a home; individual's rights to buy, rent, or live in a home; includes incidents of firebombing, harassment)includes incidents of firebombing, harassment)

ProblemsProblems: : Like state laws, federal statutes are Like state laws, federal statutes are only rarely enforced. Between 1987 and 1989, the only rarely enforced. Between 1987 and 1989, the U.S. Dept. of Justice prosecuted only 31 cases of U.S. Dept. of Justice prosecuted only 31 cases of racial violence.racial violence.

Interventions: Civil RemediesInterventions: Civil Remedies

Major lawsuits by SPLC and Morris Major lawsuits by SPLC and Morris Dees intentionally bankrupted two Dees intentionally bankrupted two of the most notorious, organized of the most notorious, organized hate groups in U.S. hate groups in U.S.

Vicarious liabilityVicarious liability: Hate groups : Hate groups and their leaders can be held liable and their leaders can be held liable for inciting violence, even if they for inciting violence, even if they do not explicitly participate in it.do not explicitly participate in it.

Interventions: Educational StrategiesInterventions: Educational Strategies If values and attitudes conducive to If values and attitudes conducive to

committing hate crimes can be committing hate crimes can be learnedlearned, then , then it is possible that they can be it is possible that they can be unlearned.unlearned.

In-group biases and stereotypes can In-group biases and stereotypes can potentially be reduced through regulated potentially be reduced through regulated contact between persons from each group, contact between persons from each group, especially if:especially if: the contact is between persons of the contact is between persons of equal statusequal status the contact is the contact is in-depthin-depth and not superficial and not superficial the the social climatesocial climate for contact is friendly for contact is friendly the behavior during such contact the behavior during such contact challengeschallenges

previously formed stereotypes previously formed stereotypes the contact occurs within an environment the contact occurs within an environment

favoring favoring cooperation cooperation rather than competitionrather than competition Such principles have been used effectively to Such principles have been used effectively to

reduce conflict between various adversarial reduce conflict between various adversarial groups, including members of different groups, including members of different ethnicities and nationalities.ethnicities and nationalities.