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





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





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





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





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





Intergroup Conflict Key Factors Migration

Power quest

Insecurity

Limited resources





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





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





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





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





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





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





Hate Crime Urban Dynamics Theories

Clustering and target zone theory

Economy and hate violence

“Move-in” violence





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





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





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





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





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





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





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





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.





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





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





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





Mini Case StudyPre-operational transsexual arrestWhat would you do?





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





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





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





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





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





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





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





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





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?





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





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





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





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)





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





Special Problems in Prosecuting Hate/Bias Crimes1. Proving the crime was motivated by bias

2. Uncooperative complaining witnesses

3. Special defenses

4. Lenient sentences





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





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





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





Racial Bias Anti-white Anti-black Anti-American Indian or Alaskan

Native Anti-Asian/Pacific Islander Anti-multiracial group





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





Ethnicity/National Origin Bias

Anti-Arab Anti-Hispanic Anti-other ethnicity/national origin





Sexual Orientation Bias Anti-male homosexual (gay) Anti-female homosexual (lesbian) Anti-homosexual (gays and lesbian) Anti-heterosexual Anti-bisexual Anti-transgender





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?





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





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





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





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

Documents

Hate/Bias Crimes: Victims, Laws, Investigations, and Prosecutions