Hate/Bias Crimes: Victims, Laws, Investigations, and Prosecutions
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Transcript of Hate/Bias Crimes: Victims, Laws, Investigations, and Prosecutions
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
Shusta, Levine, Wong, Olson, Harris
© 2008 Pearson Education, Inc.
Upper Saddle River, NJ 074581
Hate/Bias Crimes: Victims, Laws, Investigations, and Prosecutions
Chapter 12
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Learning Objectives for Chapter 12
1. Define as well as differentiate between a hate crime and hate incident
2. Describe the scope of the hate crime problem, including historical perspectives
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Learning Objectives for Chapter 123. Discuss response strategies to hate crimes
and appropriate victim assistance techniques
4. Identify hate crimes related to anti-semitism, sexual orientation, race, ethnicity, and national origin
5. Explain hate crime laws, investigative procedures, and offender prosecution
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Historical Perspective Origin of hate crimes stems from human nature
itself
Intermingling of diverse peoples in most societies have resulted in hate crimes toward one group or another
Hate crimes are local, regional, national, and global in scope
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The Hate/Bias Crime Problem Unprecedented upward spiral of crimes
motivated by hate began in the 1990s
Increasing diversity has led to intergroup conflict globally
Ethnic “hot spots” found throughout the world
Widespread migration and cultural intermixing resulted fuel conflicts globally
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Intergroup Conflict Key Factors Migration
Power quest
Insecurity
Limited resources
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Racial Attacks between Blacks and Latinos: 2006 Los Angeles Commission on Human Relations There is a trend between Blacks and Hispanics
in attacking each other
73 percent of the identified suspects in anti-Black hate crimes are Latino
80 percent of the suspects in anti-Latino hate crimes are Black
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U.S. Commission on Civil Rights, Intimidation, and Violence Report (1990) Racial integration of neighborhoods, leading to “move-
in violence”
Deep-seated racial hatred played on by organized hate groups
Economic competition among racial and ethnic groups
Poor police response to hate crimes
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Scope of Hate Crimes Nationally 9,021 Hate Crime Offenses Reported in 2004 in the
U.S.—an increase of 315 crimes from 2003 7,642 single bias-motivated criminal incidents
reported (not including gender and disability) in 2001 in the U.S.
– Racial: 53 percent– Religious: 18 percent– Sexual orientation: 16 percent– Ethnic/national origin: 13 percent
Source: Bureau of Justice Statistics Report, 2004
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Definition of Hate CrimeHate Crime The federal definition of hate crime addresses civil rights violation under Title 18 U.S.C. Section 45. Although state definitions vary, in general a hate crime is considered to be:– a criminal act or attempted act,– against a person, institution, or property,– that is motivated in whole or in part by the offender’s bias
again a (1) race, (2) color, (3) religion, (4) gender, (5) ethnic/national origin group, (6) disability status, or (7) sexual orientation group.
Source: Title 18 U.S.C. Section 45
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Definition of Hate IncidentHate Incident Involves behaviors that, though motivated by bias against a victim’s race, religion, ethnic/national origin, gender, age, disability or sexual orientation, are not criminal acts. – Hostile or hateful speech, or other disrespectful or discriminatory behavior may be motivated by bias but is not illegal
– Incidents become crimes only when they directly incite perpetrators to commit violence against persons or property, or if they place a potential victim in reasonable fear of physical injury
Source: International Association of Chiefs of Police, 1999
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Ethnoviolence“The Prejudice Institute use the term ethnoviolence instead of hate crime to describe an act or an attempted act that is motivated by group prejudice and intended to cause physical or psychological injury. The organization indicates that these violent acts included intimidation, harassment, group insults, property defacement or destruction, and physical attacks. The targets of these acts involve persons identified because of their race or skin color, gender, nationality or national origin, religion, other physical or social characteristic of groups such as sexual orientation.”
—Ethnoviolence Fact Sheet, 2004 Source: Prejudice Institute
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Hate Crime Urban Dynamics Theories
Clustering and target zone theory
Economy and hate violence
“Move-in” violence
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Targets of Hates of Crimes Origin of hate crimes stems from human nature itself
To hate means to dislike passionately or intensely
People can be culturally conditioned to hate those who are different from them because of their places of origin, looks, beliefs, or preferences
Not all crimes motivated by prejudice or bias involve hate
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Jews and Anti-Semitism— A Religious and Cultural Group Victim of religious hate crimes
Semitic groups include Jews and Arabs, but the term “anti-Semitism” almost always is synonymous with anti-Jewish
European anti-Semitism had religious origins
Middle East war and terrorist attacks
Anti-Israel attitudes are sometimes expressed as anti-Zionist and anti-Jewish sentiments around the world
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Jews and Anti-Semitism— Prevalence of Anti-Semitic Crimes In 2005, 42 states and the District of Columbia reported
1,757 anti-Semitic incidents, a 3 percent decrease from 2004—Source: Anti-Defamation League (ADL)
In 2005, these offenses consisted of 1,140 acts of harassment (intimidation, threats, and assaults) and 617 acts of vandalism (property damage as well as arson and cemetery desecration) —Source: ADL
Extreme anti-Semitic crimes have occurred such as the 2006 Seattle shooting at the Jewish Federation office
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Jews and Anti-Semitism— Anti-Semitic Groups and Individuals
Several types of groups in the United States have exhibited anti-Semitic attitudes, and some of the most extreme groups have committed hate crimes against Jews
Anti-Semitic groups include (but not limited to):– KKK, Aryan Nation, White Aryan Resistance – The Order, Posse Comitatus, Neo-Nazi Skinheads, – The Covenant and the Sword, and more
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Jewish Community Concerns:What Law Enforcement Can Do1. Investigate information on hate crime2. Alert Jewish leaders when other groups are
victimized by hate crimes3. Be aware of groups that distribute hate
literature4. Conduct meetings for cooperation5. Be familiar with Jewish holidays6. Establish resource contacts for information
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Lesbian, Gay, Bisexual, or Transgender (LGBT) Victimization 16 percent of all reported hate crimes (fourth highest
category) according to FBI 2000 through 2004 study
Specific motivation for sexual orientation bias offenses from 2000 through 2004 shows: Anti-male homosexual: 61 to 69 percent Anti-homosexual in general: 13 to 14 percent Anti-female homosexual: average was 14 percent
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Lesbian, Gay, Bisexual, or Transgender (LGBT) Victimization Anti-LGBT murders are often easily distinguished
because of the level of brutality involved
LGBT murder victims are often dismembered, stabbed multiple times, or severely bludgeoned
As of 2007, no federal law provides for an additional penalty enhancement for hate-motivated homophobic (anti-LGBT) crimes
Judge may consider homophobia as a motive during sentencing as part of the 1994 Hate Crimes Sentencing Act
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Phenomenon of Underreporting1.Law enforcement is not required to collect and
report LGBT hate/bias crimes
Under the Hates Crimes Statistics Act, local law enforcement agencies are not required to report hate crimes to the FBI, and some do not.
An additional criticism is that of the agencies that do submit data, many do not include hate crime statistics, either denying these sorts of crimes occur in their community or not classifying them as such.
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2. According to the NCAVP 2005 Report: LGBT victims do not report being victimized
Fears reprisal from the offender(s)
Fears embarrassment or abuse from police
Ostracism from network Influenced by network not
report the crime Emotionally impacted and
wants to forget it
Blames themselves for being in the wrong place
Nothing can be done about reporting it
Incident is minor and not worth reporting
Not aware of national or local anti-violence programs to help
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Phenomenon of Underreporting
3. Other reasons for anti-sexual orientation crimes being underreported
Mixed motive or pick-up crimes Conflicting police training policies and
practices
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Transgender Persons as Victims of Sexual Orientation Hate Crimes
Statistically, transgender people, per capita, are 16 times more likely to be murdered than the general population and three times more likely than African American males (Source: Literary Stereotyping, 2003)
In 2004, the Los Angeles Commission on Human Relations reports that hate crimes against transgender people = 88 percent involved violence compared to 58 percent against gay and lesbian victims
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Mini Case StudyPre-operational transsexual arrestWhat would you do?
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Perpetrators of Crime Related to Sexual Orientation 82 percent were male
offenders
39 percent were European American offenders
27 percent were African American offenders
Source: NCAVP, 2006
24 percent were Hispanic American offenders
63 percent were strangers to the victims
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U.S. Military Despite the “don’t ask, don’t tell” policy, the most horrific
homophobic hate crimes to date have been committed by military personnel against fellow service members
The military’s stated policy was eventually expanded to “don’t ask, don’t tell, don’t pursue, and don’t harass”
In 2001, the military watchdog Service Legal Defense Network (SLDN) documented 1,075 cases of anti-gay harassment and 1,250 discharges of men and women suspected of being gay, lesbian or bisexual
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U.S. MilitaryPFC Barry Winchell—Fort Campbell Bludgeoned to death with a baseball bat
while sleeping in the barracks
Taunted with anti-gay slurs before death
Violated the “Don’t Ask” policy by a sergeant who asked him his sexual orientation
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DOD’s Action Plan for Military Services1. Eliminating
mistreatment, harassment, and inappropriate comments or gestures
2. Training
3. Reporting of harassment
4. Enforcing policies prohibiting harassment
5. Measuring anti-harassment program effectiveness
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Campus Police Many states have
enacted “Safe Schools” laws mandating campus environments that are free of harassment and discrimination
Lawsuits have resulted in expensive verdicts for anti-LGBT environments on campus
National Mental Health Association (2002) research showed that antigay bullying is widespread in American’s school
Campus Police need to have active involvement in prevention and assistance
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Police Relations with LGBT Communities1. Creation of task forces
and councils to establish ongoing dialogue and networking
2. Public forums that allow
police officials to meet the LGBT community
3. Appointment of a police official to be a liaison with the LGBT community
4. Involvement of prosecutors in the development of policies, procedures, communications, and awareness training
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Hate Crime Laws: Federal Laws
Federal laws provide criminal and civil causes of action for victims of hate crimes in the U.S., regardless of whether they are citizens
Hate crimes may be reported to the FBI for criminal prosecution
Hate Crimes Prevention Act of 1999
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Hate Crime Laws: State Laws Almost every state and the District of Columbia have
enacted laws that can be invoked to redress bias-motivated crimes
“Penalty-enhancements” statutes were upheld unanimously by the U.S. Supreme Court in its 1993 decision of Wisconsin v. Mitchell
Penalty enhancements are legal when the defendant intentionally selects their victim based on the victim’s race, religion, national origin, sexual orientation, gender, or disability
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Why Special Laws on Hate Crimes?
There are those, including some law enforcement leaders, who argue that there is no need for special laws dealing with hate/bias crimes because there are already statutes covering specific crimes. For example, an assault by one person on another is prosecutable in all jurisdictions. Therefore, the argument runs, why would such an assault be prosecuted differently even it was motivated by a person’s hate or bias toward victims because of their color, ethnic background, race, religion, sexual orientation, gender, or disability?
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Hate/Bias Crime and Incident Investigations—General Checklist1. Assigned officer/first responder 2. Patrol field supervisor3. Watch commander4. Assigned investigator or specialized unit5. Crime prevention, community relations or
specialized unit6. Training unit
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Models for Investigating Hate/Bias Crimes for Police DepartmentsAdministrative follow-up would include: Investigations required Referrals and support for the victim Conducting of public meetings to resolve neighborhood
problems Conflict resolution Liaison with the diverse organizations in the community
and victim advocates
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Models for Investigating Hate/Bias Crimes for Police Departments Small (1 to 100 police officers)
– Detectives may do the follow-up– Limited staffing resources
Medium (100 to 500 police officers)– Investigations unit for follow-up
Large (500 + police officers)– Have the resources to refer to Investigations unit
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Hate/Bias Crime Prosecution District Attorney’s or Prosecutors’ Office
Effective and successful approaches:
Establish specialized hate crimes or civil rights violations units
Standardize procedures to prosecute hate crime cases (this standardization should include vertical prosecution of cases)
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Hate/Bias Crime Prosecution District Attorney’s or Prosecutors’ Office
Effective and successful approaches continued: Appoint attorneys to be liaisons with various ethnic,
racial, religious, and sexual orientation groups in the community
Provide all attorneys on staff with cultural awareness or sensitivity training
Provide alternative sentencing programs aimed at rehabilitating individuals who commit hate-motivated crimes
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Special Problems in Prosecuting Hate/Bias Crimes1. Proving the crime was motivated by bias
2. Uncooperative complaining witnesses
3. Special defenses
4. Lenient sentences
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Prosecutors’ Established Guidelines in Hate/Bias Crimes Plain common sense Perceptions of the
victim(s) and witnesses about the crime
Language used by the perpetrator
Background of the perpetrator
Severity of the attack
Lack of provocation History of similar
incidents in the same area
Absence of any apparent motive
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Hate Crime Objective Evidence: Bias Motivation1. Offender and the victim were of different racial,
religious, ethnic/national origin, or sexual orientation groups
2. Bias-related oral comments, written statements, or gestures were made by the offender that indicated his or her bias
3. Bias-related drawings, markings, symbols, or graffiti were left at the crime scene
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Hate Crime Objective Evidence: Bias Motivation4. Victim was visiting a neighborhood where previous hate
crimes had been committed against other members of his or her racial, religious, ethnic/national origin, or sexual orientation group and where tensions remain high against his or her group
5. Several incidents have occurred in the same locality, at or about the same time, and the victims are all of the same racial, religious, ethnic/national origin, or sexual orientation group
6. A substantial portion of the community where the crime occurred perceives that the incident was motivated by bias
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Racial Bias Anti-white Anti-black Anti-American Indian or Alaskan
Native Anti-Asian/Pacific Islander Anti-multiracial group
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Religious Bias Anti-Jewish Anti-Catholic Anti-Protestant Anti-Islamic (Moslem) Anti-other religion (Buddhism,
Hinduism, Shintoism, Sikhism, etc.) Anti-multi-religious group Anti-atheist or anti-agnostic
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Ethnicity/National Origin Bias
Anti-Arab Anti-Hispanic Anti-other ethnicity/national origin
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Sexual Orientation Bias Anti-male homosexual (gay) Anti-female homosexual (lesbian) Anti-homosexual (gays and lesbian) Anti-heterosexual Anti-bisexual Anti-transgender
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Mini Case StudyPleasant Hill, California Bias Crime
What evidence would be required to prove this was bias motivated? What steps should the city, police, church, and community take to resolve this situation?
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Law Enforcement and the Victim1. Fear of re-victimization or retaliation2. Fear of having privacy compromised3. For gays, lesbians, bisexual, or transgender
individuals, fear of repercussions from being “outed” to family, friends, and employers
4. Fear of law enforcement and uncertainty about the criminal justice system responses
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Law Enforcement and the Victim5. For aliens, fear of jeopardizing immigration
status, being reported to ICE or deportation6. Humiliation or shame about being victimized7. Lack of support system within the community8. Cultural and language barriers
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Officers Involved in the Investigation Approach victims in an empathic and
supportive manner and demonstrate concern and sensitivity
Attempt to calm the victim and reduce the victim’s alienation
Reassure the victim that every available investigative and enforcement tool will be utilized by the police to find and prosecute the persons responsible for the crime
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Officers Involved in the Investigation Consider the safety of the victims by
recommending and providing extra patrol and/or providing prevention and precautionary advice
Provide referral information such as counseling and other appropriate public support and assistance agencies
Advise the victim of criminal and civil options