HATE CRIMESTO DISLIKE PASSIONATELY TO DISLIKE PASSIONATELY

OR INTENSELYOR INTENSELYTO HAVE AN EXTREME TO HAVE AN EXTREME

AVERSION TOWARD AVERSION TOWARD ANOTHER PERSON, IDEA, ANOTHER PERSON, IDEA, OR OBJECTOR OBJECT

Problems caused by hate crimes Problems caused by hate crimes Hate crimes demand a special response Hate crimes demand a special response

from law enforcement and civic leaders from law enforcement and civic leaders – These crimes merit a priority response These crimes merit a priority response

because of their special impact on the because of their special impact on the victim and the victim’s communityvictim and the victim’s community

– Hate crimes may effectively intimidate Hate crimes may effectively intimidate other members of the victim’s other members of the victim’s community, leaving them feeling community, leaving them feeling isolated, vulnerable and unprotected by isolated, vulnerable and unprotected by the lawthe law

– Traditionally, victims have not received Traditionally, victims have not received special attention or assistancespecial attention or assistance

Problems caused by hate crimes Problems caused by hate crimes

Acts are too frequently dismissed Acts are too frequently dismissed as “pranks” or ordinary cases of:as “pranks” or ordinary cases of:– VandalismVandalism– Criminal damagingCriminal damaging– AssaultAssault– HarassmentHarassment– MenacingMenacing

Effective responses by police to Effective responses by police to crimes motivated by hate are crimes motivated by hate are essential to prevent their spread essential to prevent their spread

HATE CRIMES PLACE BASIC HATE CRIMES PLACE BASIC FREEDOMS OF AMERICAN FREEDOMS OF AMERICAN

SOCIETY IN JEOPARDYSOCIETY IN JEOPARDYRight to individual libertyRight to individual libertyRight to equality of Right to equality of

opportunityopportunityRight to religious expressionRight to religious expressionRight to freedom of Right to freedom of

associationassociation

In Ohio, a perpetrator In Ohio, a perpetrator commits a hate crime if he commits a hate crime if he or she intentionally selects or she intentionally selects

the victim “by reason of” the the victim “by reason of” the victim’s race, religion, color victim’s race, religion, color or national origin. Hatred is or national origin. Hatred is not an element of the crime.not an element of the crime.

ANY UNLAWFUL ACT ANY UNLAWFUL ACT DESIGNED TO DESIGNED TO FRIGHTEN OR FRIGHTEN OR

HARM AN INDIVIDUAL HARM AN INDIVIDUAL BECAUSE OF HIS OR BECAUSE OF HIS OR HER HER

RACE, RELIGION OR RACE, RELIGION OR NATIONAL ORIGINNATIONAL ORIGIN

ETHNIC ETHNIC INTIMIDATION LAW INTIMIDATION LAW

IN OHIO ORC IN OHIO ORC 2927.122927.12

No person shall, by reason of the No person shall, by reason of the race, color, religion or national race, color, religion or national origin of another person or group of origin of another person or group of persons, violate the following persons, violate the following sections of the Revised Code:sections of the Revised Code:– 2903.21 – Aggravated menacing2903.21 – Aggravated menacing– 2903.22 – Menacing2903.22 – Menacing– 2906.06 – Criminal Damaging or 2906.06 – Criminal Damaging or

EndangeringEndangering– 2909.07 – Criminal Mischief2909.07 – Criminal Mischief– Division (A) (3) (4) or (5) of 2917.21 – Division (A) (3) (4) or (5) of 2917.21 –

Telecommunications HarassmentTelecommunications Harassment

Division (A) (3) 2917.21: Prohibits any Division (A) (3) 2917.21: Prohibits any person from committing Aggravated person from committing Aggravated Menacing Menacing during a during a telecommunicationtelecommunication

Division (A) (4) 2917.21: Prohibits any Division (A) (4) 2917.21: Prohibits any person from person from knowinglyknowingly stating to the stating to the recipient of a telecommunications that recipient of a telecommunications that the caller intends:the caller intends:– To cause damage to, To cause damage to, oror– Destroy public or private property, Destroy public or private property, oror– The recipient, any member of the recipient’s The recipient, any member of the recipient’s

family family oror

– Any other person who resides at the Any other person who resides at the premises to which the premises to which the telecommunications is made, owns, telecommunications is made, owns, leases, resides or works in leases, resides or works in willwill

– At the time of the destruction or At the time of the destruction or damaging, be near or in, has the damaging, be near or in, has the responsibility of protecting or insures responsibility of protecting or insures the property that will be destroyed or the property that will be destroyed or damageddamaged

Division (A)(5) 2917.21: Prohibits Division (A)(5) 2917.21: Prohibits person from person from knowingly knowingly making a making a telecommunication to:telecommunication to:– The recipient of the telecommunication…The recipient of the telecommunication…– To another person at the premises to To another person at the premises to

which the telecommunication is made which the telecommunication is made oror– To those premises…To those premises…– The recipient The recipient oror– Another person at those premises Another person at those premises

previously has told the caller previously has told the caller notnot to make to make a telecommunication to those premises a telecommunication to those premises oror

– To any other person at those premisesTo any other person at those premises

Whoever violates section Whoever violates section 2927.12, Ethnic Intimidation, is 2927.12, Ethnic Intimidation, is

guilty of ethnic intimidation, which guilty of ethnic intimidation, which is an offense of the next higher is an offense of the next higher

degree than the offense the degree than the offense the commission of which is a commission of which is a

necessary element of Ethnic necessary element of Ethnic Intimidation Intimidation

No person shall, by reason of the No person shall, by reason of the race, color, religion or national race, color, religion or national origin of another person or group of origin of another person or group of persons, violate the following persons, violate the following sections of the Revised Code:sections of the Revised Code:– 2903.21 – Aggravated menacing2903.21 – Aggravated menacing– 2903.22 – Menacing2903.22 – Menacing– 2906.06 – Criminal Damaging or 2906.06 – Criminal Damaging or

EndangeringEndangering– 2909.07 – Criminal Mischief2909.07 – Criminal Mischief– Division (A) (3) (4) or (5) of 2917.21 – Division (A) (3) (4) or (5) of 2917.21 –

Telecommunications HarassmentTelecommunications Harassment

FEDERAL RELIGIOUS FEDERAL RELIGIOUS VANDALISM ACTVANDALISM ACT

Makes it a Federal crime to intentionally damage or destroy any religious real property because of the religious character of the property where the loss exceeds $10,000

The law also punishes anyone who intentionally obstructs by force or threat of force any person in the engagement of that person’s free exercise of religious beliefs

Special emotional and psychological Special emotional and psychological impact on the victim and his/her impact on the victim and his/her communitycommunity

Can increase racial, religious, gender Can increase racial, religious, gender and sexual orientation tensionsand sexual orientation tensions

Can lead to reprisals by others in the Can lead to reprisals by others in the community thereby escalating community thereby escalating violence and turmoilviolence and turmoil

If officers fail to make an effective If officers fail to make an effective response or respond in ways that response or respond in ways that demonstrate a lack of concern, demonstrate a lack of concern, perpetrators may interpret the perpetrators may interpret the inactivity as official sympathy or inactivity as official sympathy or even sanctioneven sanction

The impact of being a crime victim The impact of being a crime victim is traumaticis traumatic

The impact of being a victim to a The impact of being a victim to a hate crime is compounded by the hate crime is compounded by the idea of being targeted for race, idea of being targeted for race, religion, gender or sexual religion, gender or sexual orientation orientation

The importance of effective law The importance of effective law enforcement response to hate enforcement response to hate

crimes crimes Reduces fear and anger; facilitates recovery Reduces fear and anger; facilitates recovery

of victims, witnesses and the communityof victims, witnesses and the community Convinces victims and the community that Convinces victims and the community that

law enforcement takes their concerns law enforcement takes their concerns seriouslyseriously

Tells actual and potential offenders that suchTells actual and potential offenders that such crimes will not be toleratedcrimes will not be tolerated

Mitigates the potential for “copy cat” Mitigates the potential for “copy cat” behavior behavior

The importance of effective law The importance of effective law enforcement response to hate enforcement response to hate

crimes crimes Reduces the potential for retaliationReduces the potential for retaliationGenerates trust and goodwill between Generates trust and goodwill between

the community and the police the community and the police departmentdepartment

Increases the police department’s Increases the police department’s credibilitycredibility

Increases law enforcement officer pride Increases law enforcement officer pride and satisfaction in his/her joband satisfaction in his/her job

The presence of visible symbols of The presence of visible symbols of hatred and biashatred and bias

The victim’s report as to The victim’s report as to what the perpetrator said what the perpetrator said and did and did

Absence of any other Absence of any other motivemotive

NATURE OF THE NATURE OF THE PERPETRATORPERPETRATOR

The majority of hate crime The majority of hate crime perpetrators are young peopleperpetrators are young people

A compilation of arrest records from A compilation of arrest records from the entire U.S. document that most the entire U.S. document that most hate crimes are committed by hate crimes are committed by persons under 21 years of agepersons under 21 years of age

More likely to be committed by More likely to be committed by groups than individualsgroups than individuals

NATURE OF THE NATURE OF THE PERPETRATORPERPETRATOR

The rise in hate crimes parallels The rise in hate crimes parallels the rise in the number of young the rise in the number of young people joining hate organizations people joining hate organizations

1988 - 1500 members of the 1988 - 1500 members of the Skinheads in 12 statesSkinheads in 12 states

1993 - 3500 members of the 1993 - 3500 members of the Skinheads in 40 statesSkinheads in 40 states

2008 FBI Statistics-Hate 2008 FBI Statistics-Hate CrimesCrimes

Intimidation accounted for 48.8% Intimidation accounted for 48.8% Simple assaults 32.1%Simple assaults 32.1%Aggravated assaults 18.5 percent. Aggravated assaults 18.5 percent. Seven murders were reported as hate Seven murders were reported as hate

crimescrimes3,608 crimes against property3,608 crimes against property17.7 percent consisted mainly of robbery, 17.7 percent consisted mainly of robbery,

burglary, theft, and arsonburglary, theft, and arson

NATURE OF THE NATURE OF THE PERPETRATORPERPETRATOR

In In 20002000, nearly , nearly – 65% of hate crime offenders were 65% of hate crime offenders were

WhiteWhite– 19% were Black19% were Black– 5% were multiracial5% were multiracial– 14% were of Asian-Pacific Island origin14% were of Asian-Pacific Island origin– 1% was Native American and1% was Native American and– 10% of the offenders were unknown.10% of the offenders were unknown.

2008 FBI Statistics-Hate Crimes2008 FBI Statistics-Hate Crimes61.1% were white61.1% were white20.2 % were black20.2 % were black11% were of an unknown race11% were of an unknown race31.9 percent of hate crimes took place in or 31.9 percent of hate crimes took place in or

near homesnear homes17.4 percent took place on highways, roads, 17.4 percent took place on highways, roads,

alleys, or streetsalleys, or streets11.7 percent in schools and colleges11.7 percent in schools and colleges6.1 percent in parking lots and garages6.1 percent in parking lots and garages

2008 FBI Statistics-Hate Crimes2008 FBI Statistics-Hate Crimes11.7 percent in schools and colleges11.7 percent in schools and colleges6.1 percent in parking lots and garages6.1 percent in parking lots and garages4.2 percent in churches, synagogues, or 4.2 percent in churches, synagogues, or

templestemplesThere were 105 anti-Islamic incidents There were 105 anti-Islamic incidents

reported in 2008reported in 2008One-tenth the amount of anti-Semitic One-tenth the amount of anti-Semitic

incidents, which totaled 1,103 incidents, which totaled 1,103

Ten questions an Ten questions an investigating officer might investigating officer might

ask to confirm that the ask to confirm that the victim was intentionally victim was intentionally

selected because of his/her selected because of his/her race, religion, color or race, religion, color or

national origin national origin

10 QUESTIONS10 QUESTIONSIs the victim different from the Is the victim different from the

suspected perpetrators with suspected perpetrators with regard to:regard to:– RaceRace– ReligionReligion– National OriginNational Origin– ColorColor

Did the incident occur because Did the incident occur because of this difference?of this difference?

10 QUESTIONS10 QUESTIONS

Did the victim recently move into Did the victim recently move into the area and is his or her family the area and is his or her family the only one or one of just a few the only one or one of just a few families of their racial, ethnic or families of their racial, ethnic or religious groups in the religious groups in the neighborhood?neighborhood?

What is the victim’s relationship What is the victim’s relationship with his or her neighbors and/or with his or her neighbors and/or local community groups?local community groups?

10 QUESTIONS10 QUESTIONS

Has the victim experienced Has the victim experienced past or repeated incidents of a past or repeated incidents of a similar nature?similar nature?

Was the victim put into a state Was the victim put into a state of fear by the incident and did of fear by the incident and did the perpetrator commit the the perpetrator commit the crime with the goal of creating crime with the goal of creating such fear?such fear?

10 QUESTIONS10 QUESTIONSIs there a connection between Is there a connection between

the date of the incident and the the date of the incident and the holidays, special programs or holidays, special programs or events? events?

Is an organized hate group Is an organized hate group indicated in the incident?indicated in the incident?– Is hate literature involved?Is hate literature involved?– Is there suspected hate activity in Is there suspected hate activity in

the area?the area?

10 QUESTIONS10 QUESTIONS Does the MO signify a “copycat” syndrome Does the MO signify a “copycat” syndrome

that might be the result of media that might be the result of media coverage of other similar incidents?coverage of other similar incidents?

Were there any recent occurrences in the Were there any recent occurrences in the community or incidents reported in the community or incidents reported in the media in which a member of the group to media in which a member of the group to which the victim belongs, making this a which the victim belongs, making this a “payback” or “revenge” incident harmed “payback” or “revenge” incident harmed member of the offending group?member of the offending group?

OTHER INDICATORSOTHER INDICATORSBias related comments, written Bias related comments, written

statements or gestures made by statements or gestures made by the offendersthe offenders

Bias related drawings, markings, Bias related drawings, markings, symbols or graffiti left at the symbols or graffiti left at the scene of the incidentscene of the incident

Objects or items that represent Objects or items that represent the work of organized hate the work of organized hate groupsgroups

VICTIMS OF HATE CRIMES VICTIMS OF HATE CRIMES EXPRESS FIVE NEEDSEXPRESS FIVE NEEDS

To feel safeTo feel safeTo feel that people careTo feel that people careTo receive assistanceTo receive assistanceRedemptionRedemptionRetaliationRetaliation

VICTIMS OF HATE CRIMES VICTIMS OF HATE CRIMES EXPERIENCE DEEP EMOTIONAL EXPERIENCE DEEP EMOTIONAL

STRESS THAT IS HEIGHTENED BY STRESS THAT IS HEIGHTENED BY FEELINGS OF:FEELINGS OF:

FearFearTerrorTerrorPersonal violationPersonal violationDegradationDegradation

Refer victim to individuals or organizations Refer victim to individuals or organizations that can provide support and assistance, that can provide support and assistance,

such as victim assistance agenciessuch as victim assistance agencies

Court-affiliated  Court-affiliated   Community-basedCommunity-based Social service organizationsSocial service organizations Clergy in the victim’s religious Clergy in the victim’s religious

denomination or religious preferencedenomination or religious preference Legal servicesLegal services

They must rescue any victims They must rescue any victims and/or administer appropriate and/or administer appropriate emergency careemergency care

They must prevent any further They must prevent any further contamination if chemical contamination if chemical weapons are involvedweapons are involved

They must prevent further They must prevent further casualtiescasualties

They must protect the They must protect the scene from the standpoint scene from the standpoint of evidenceof evidence

They must endeavor to They must endeavor to identify victims, witnesses, identify victims, witnesses, evidence and suspects evidence and suspects while the crime scene is still while the crime scene is still “fresh”“fresh”