Hate/Bias Crimes: Victims, Laws, Investigations, and Prosecutions. Chapter 12. Learning Objectives for Chapter 12. Define as well as differentiate between a hate crime and hate incident Describe the scope of the hate crime problem, including historical perspectives. - PowerPoint PPT Presentation
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Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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.
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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?
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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?
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e
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
Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society, 4e