Title: Responding to Hate Crime: A Multidisciplinary Curriculum For Law
Enforcement and Victim Assistance Professionals
Series: Training Curricula
Author: National Center for Hate Crime Prevention Education Development
Center, Inc.
Published: February 2000
Subject: Hate Crime, Police Training, Victims-General
188 pages
327,680 bytes
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Responding to Hate Crime: A Multidisciplinary Curriculum For Law
Enforcement and Victim Assistance Professionals
National Center for Hate Crime Prevention
Education Development Center, Inc.
Funded by the United States Department of Justice, Office for Victims of
Crime
NCJ 182290
February 2000
----------------------------
For more information on using this curriculum or for assistance with the issue of
hate crime, please call or write:
National Center for Hate Crime Prevention
Education Development Center, Inc.
55 Chapel Street
Newton, MA 02458-1060
(800) 225-4276 or (617) 969-7100
www.edc.org/HHD/hatecrime/
This curriculum was developed under a project funded by the Office for
Victims of Crime (OVC), United States Department of Justice (award
#96-MU-MU-K001). It is a revision of an earlier curriculum, the National Bias
Crimes Training Manual, co-authored by Education Development Center, Inc.
(EDC) and the Massachusetts Criminal Justice Training Council and co-funded
by OVC and the Bureau of Justice Assistance. Points of view in this document
are those of the authors and do not necessarily represent the official position or
policies of the U.S. Department of Justice.
Cite as: McLaughlin, K. A., Malloy, S. M., Brilliant, K. J., & Lang, C. (2000).
Responding to Hate Crime: A Multidisciplinary Curriculum for Law
Enforcement and Victim Assistance Professionals. Newton, MA: National
Center for Hate Crime Prevention, Education Development Center, Inc.
Copyright [copyright] February 2000 by the National Center for Hate Crime
Prevention, Education Development Center, Inc.
All rights reserved. No part of this publication may be reproduced, stored in a
retrieval system, or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording, or otherwise, without the prior
permission of Education Development Center, Inc. This restriction shall not
apply to the transparencies and handouts accompanying the text and intended
for duplication.
----------------------------
Acknowledgments
EDC gratefully acknowledges the contribution of the many professionals who
contributed to the development of the original curriculum, as well as the faculty,
grant monitors, advisors, researchers, practitioners, law enforcement officials,
victim assistance professionals, victims, and others who have contributed so
generously to develop and improve professional training opportunities in the
area of hate crime response and prevention. We are inspired by your diligence
and courage in such a critical endeavor.
----------------------------
Project Grantee and Advisors
Project Grantee
Education Development Center, Inc.
National Center for Hate Crime Prevention
55 Chapel Street
Newton, MA 02458-1060
Karen A. McLaughlin
Project Director
(617) 969-7100, x2360
Albertha Walley
Senior Administrative Assistant
(617) 969-7100, x2534
E-mail: awalley@edc.org
Special Thanks
United States Department of Justice
Office for Victims of Crime
Kathryn M. Turman, Director
Sue Shriner, Program Specialist
Tim Johnson, Program Specialist
Duane Ragan, Program Analyst
Civil Rights Division, Criminal Section
Jessica A. Ginsberg, Deputy Chief
Office of the Deputy Attorney General
Allyson Stollenwerck, Special Assistant
Office of Policy Development
Lisa R. Graves, Senior Counsel
FBI Criminal Investigative Division
Owen Harris, Supervisor Special Agent
The following individuals assisted in the development of the original curriculum
and training program:
Chief Robert P. Anthony
William D. Baker
Donna Bonaparte
William Bratton
Kevin M. Burke
Richard Cole
Brian Daley
Drew Diamond
Sgt. Brian Flynn
Chief Edward Flynn
Alice M. Foley
Lucy Friedman
Sally Greenberg
Bea Hanson
Sgt. John K. Henderson
William Johnston
Hon. Maria Lopez
Jack McDevitt
Hon. Paul L. McGill
Albert Mokhiber
Dr. Brian Kenji Ogawa
John A. Schuyler
Adele Dutton Terrell
Hon. Irene Toledo
Robert E. Weinerman
Dan Welch
----------------------------
Staff
Staff for Second Edition
Karen A. McLaughlin
Project Director
Stephanie Malloy
Writer/Editor
Lorena Martinez-Diaz
Research Assistant
Osula Evadne Rushing
Project Associate
Ronnie DiComo
Jennifer Roscoe
Jeanine M. Reed
Graphic Designers
Jennifer Davis-Kay
Copy Editor
Original Authors, First Edition
Karen A. McLaughlin
Cynthia Lang
Kelly A. Brilliant
This curriculum is a revision of an earlier version entitled the National Bias
Crime Training Manual.
----------------------------
Table of Contents
Project Grantee and Advisors
Staff
Guide to Using This Curriculum
Purpose of the Training
Key Features of the Training Approach
Organization of the Curriculum
Preparations for Sponsoring and Conducting the Training
Planning for Individual Sessions
Overview of Sessions: At a Glance
Session A: Introduction and Overview: Defining and Recognizing Bias Crime
I. Activity: Introductions
II. Presentation: Overview of Bias Crime
III. Presentation: Introduction to Bias Crime Indicators
IV. Activity: Application to a Case
V. Closing Comments
Session B: Victim Impact
I. Presentation: Overview of Victim Trauma
II. Activity: Analysis of Video Segments
III. Presentation: Unique Features of Bias Crimes and Their Impact on Bias
Crime Victims
IV. Victim Presentation and Discussion
Session C: Bias Crime Offenders
I. Presentation: Offender Typology
II. Presentation: Organized Hate Groups
III. Activity: Analysis of Three Video Segments
Session D: Bias Crime and the Law
I. Presentation: Introduction to Federal and State Laws
II. Activity: Criminal Law Case Application and Discussion
III. Optional Activity: Drafting Civil Rights Injunctions
IV. Presentation: Emerging Legal Issues
Session E: Roles of Law Enforcement and Victim Assistance Professionals
I. Activity: Discussion of the Roles, Responsibilities, and Unique Challenges in
Responding to Bias Crimes
II. Presentation: Investigative Strategies
III. Presentation: Advocacy on Behalf of Victims and Their Families (15
minutes)
Session F: Cultural Issues and Community Strategies for Dealing with Bias
Crime
I. Presentation: Defining Culture and Why It Matters in Dealing with Bias Crime
II. Activity: Culture and Heritage
III. Presentation: Implications of Culture and Diversity for Bias Crime
IV. Presentation: Community Impact and Outreach
Appendix A: A Model Hate Crime Protocol
Appendix B: State Bias Crimes Statutory Provisions
Appendix C: Bias Crimes Statutes and Related Provisions Nationwide
Appendix D: Resources
Bias Crime Bibliography
Websites Relevant to Bias Crime
----------------------------
Guide to Using This Curriculum
Bias crimes seriously threaten our democratic society, which is built on the
strength of its diversity. These crimes represent a particularly heinous form of
violence, in which thousands of Americans are victimized each year because of
their skin color, ethnicity, religion, gender, sexual orientation, or disability.
Growing concern exists around the country, in communities large and small,
urban, suburban, and rural, about the prevalence of bias crime. Swift and
effective investigation, prosecution, and response to these crimes is critical for
developing and maintaining both respect for and appreciation of the growing
diversity of our country's citizens.
This training package builds on the best efforts and practices to date, identified
by national experts in law enforcement, victim assistance, and hate crime
prevention and response. This curriculum differs from others in that it is
intended for a multidisciplinary training audience, including law enforcement
officers, victim advocates, and community-based organizations. It was
field-tested to ensure its relevance to both victim assistance and law
enforcement professionals and its user-friendliness. The results are reflected in
the approach and materials presented here in this curriculum.
Purpose of the Training
Professionals in the fields of both law enforcement and victim assistance feel a
growing desire to better respond to victims of bias crime and to work together
more effectively. With the increased national awareness of the need to
recognize and respond to these crimes, and with the growing number of states
enacting hate crime legislation, professionals in these fields express a need for
up-to-date training that is multidisciplinary in nature.
Responding to Hate Crime: A Multidisciplinary Curriculum was developed to
meet this need. Its focus is capacity building, and its purpose is to strengthen the
knowledge and skills of individual professionals in law enforcement and victim
assistance. Specifically, it is designed to do the following:
o Provide law enforcement officials with up-to-date information and strategies
to use in identifying bias crimes and in taking appropriate actions to deter and
investigate these crimes
o Provide victim assistance professionals with up-to-date information and
strategies to use in assisting bias crime victims
o Strengthen the capacity of professionals in both fields to contribute to
successful investigation and prosecution of bias crime, and contribute to
changing the community norms that presently foster a tolerance to and
indifference towards these crimes
o Provide professionals in both fields with the perspectives and strategies to
work more effectively within their own departments and agencies, with one
another, and within their communities
Key Features of the Training Approach
Responding to Hate Crime: A Multidisciplinary Curriculum is a six-session
training program. Several characteristics central to its design are important to
understand.
Integrated Audience
The curriculum is designed for an integrated audience of law enforcement and
victim assistance professionals. Since a major training goal is to provide a forum
where professionals from these two fields can learn from one another, most of
the sessions are structured either for the entire audience, or smaller integrated
groups of representatives from each field. The pilot test showed that a major
benefit for participants is the chance to interact and learn, side by side, with
professionals from their own and one another's fields.
Comprehensive Approach
This curriculum was developed to address the range of issues relevant to bias
crime: deterrence and prevention, the needs of victims and the community, and
the ability of the criminal justice system to investigate, report, and prosecute
these crimes. It was also developed in a modular format to enable local
jurisdictions to adapt and customize their own trainings based on their particular
needs and time constraints.
Interactive Style
The curriculum is designed to take into account the characteristics of adult
learners. Participants respond best and learn most in a forum that fosters
discussion and interactive learning. Therefore, the training is designed to
promote discussion and interaction. Activities have been developed and
selected to provide the greatest opportunities for skill building in the most
comfortable manner.
Law enforcement and victim assistance professionals collectively bring a broad
base of knowledge and experience to the training. Several activities in this
curriculum provide an opportunity for law enforcement and victim assistance
professionals to solve problems together.
Case Studies
The cases used in this curriculum are adapted from actual criminal cases
gathered from police departments and prosecutor's offices. Names and
addresses have been changed to preserve anonymity. Cases were specially
selected to illustrate various aspects of bias crime and provide authenticity to
enhance group discussions. In adapting this curriculum for local use, instructors
may change the type of victimization, locales, and/or names used in the cases to
reflect their regions.
Organization of the Curriculum
Each session is organized as follows:
o Overview: Shows, at a glance, the content, method, and suggested time
allotted to each part of the session
o Objectives: Details the anticipated learning outcomes of each session
o Time: Specifies the amount of time required for the session
o Videos: Lists videos to be obtained and previewed before leading the
session, where applicable
o Notes to the Instructor: Highlights important points that instructors should
make, and provides special instructions for implementing each session or
activity
o Instructor's Notes: Presents the content for the session, describes the
methodology (e.g., presentation, activity, case discussion), and includes a
discussion framework and key questions, directions for conducting activities,
and any other background information that will be useful to instructors as they
conduct the training or review key topics
o Transparencies and Handouts: Presents in each session hard copy pages,
marked and coded, that can be copied onto overhead transparency sheets or
for distribution as handouts; often, a more expanded version of a transparency's
text will appear in the Instructor's Notes
To assist instructors, the curriculum uses a series of icons to show when videos,
transparencies, handouts, case studies, and flipcharts will be used during the
course of each session. These icons are as follows:
Flipchart
Video
Transparency
Handout
Case study
Preparations for Sponsoring and Conducting the Training
Cosponsoring the Training
It is recommended that this training be jointly sponsored by a law enforcement
agency and victim service agency.
Recruitment of Instructors
Instructors for the training can be recruited from any of the following
organizations:
o Local police department, sheriff's department, or other law enforcement
agency
o Federal Bureau of Investigation
o Community Relations Service of the Department of Justice
o United States Attorney's office
o State Attorney General's office
o County Prosecuting Attorney's office
o Legal advocacy organizations
o National victim organizations
o State victim assistance agencies
o Victim advocacy organizations
o Mental health organizations
o Universities with programs in criminal justice
o Community-based/civil rights organizations
Instructors should have the following background:
o Diversity training
o Awareness and understanding of the impact of bias crime and the need for
effective responses
o Experience in conducting training with law enforcement and/or victim
assistance professionals
Instructors should also be representative of the community and should be
diverse in terms of cultural background, gender, and professional affiliation.
Recruitment of Participants
Participants from law enforcement and victim services may be recruited from
the same list of agencies and departments utilized for recruiting instructors.
Participants should be balanced in terms of:
o cultural background and gender
o professional affiliation
o level of experience
Planning for Individual Sessions
Planning for Session B: Victim Impact
This session incorporates a presentation from an actual victim of a bias
crime. The purpose of the presentation is as follows:
o To demonstrate the impact of a bias crime on the victim
o To make the trauma experienced by the victim real to participants
o To reinforce the fact that bias crimes occur within the local community
The instructor may be able to recruit a victim from the following agencies or
departments:
o Police department
o Prosecutor's office
o Victim service agency
o Advocacy organization
The following are important issues to address before recruiting a victim:
o Victim's need for confidentiality and/or privacy
o Status of the victim's case in court
o Time frame of the victim's trauma (i.e., was this a recent attack?)
o Need for an interpreter/translator
o Access and logistic arrangements (e.g., the victim may be physically
challenged and/or in need of an access ramp to the training facility)
The victim should be given ample notice that he or she will be speaking to a
group and addressing the following issues:
o The victim's personal experience as a victim
o The impact the bias crime had on the victim--physical, emotional, financial, or
otherwise
o The response of the criminal justice system
o The response of other professionals, friends, and family
o The victim's recommendations for improving the response to bias crime
By bringing along a support person, the victim may feel more comfortable in the
presentation.
Planning for Session D: Bias Crime and the Law
For this session, you will need obtain copies of your state's criminal, civil, and
reporting laws covering bias crime. You should then create transparencies
highlighting the primary elements of these laws. You may also wish to develop
handouts that contain full or partial text of the laws.
This session includes six cases that should be reviewed prior to the session by
the instructor in light of the relevant state statutes. Each case is followed by a list
of questions for instructors to review with participants. Suggested answers are
provided for most of these questions. However, some of the answers depend
upon individual state laws. Therefore, instructors should review the questions
and prepare state-specific answers to those questions that require them.
In the interest of time, instructors may choose to use only those cases that best
suit the experience level of the audience. However, the cases should be
discussed in sequence whenever possible, because they grow progressively
more complex and more legally ambiguous.
Ordering Videos
The video segments for the curriculum were selected by experts in the area of
bias crime from the fields of law enforcement, victim assistance, and curriculum
development. The videos chosen were selected from a pool of videos that were
screened and rated on the relevance of their content, the quality of production,
and the timeliness of events portrayed.
Videos should be ordered at least four to six weeks in advance of the training.
Information on purchasing or renting videos is included in each session, where
applicable.
----------------------------
OVERVIEW OF SESSIONS: AT A GLANCE
Session A: Introduction and Overview:
Defining and Recognizing Bias Crime
Overview--Time
Activity: Introductions--10 minutes
Presentation: Overview of Bias Crime--20 minutes
Presentation: Introduction to Bias Crime Indicators--15 minutes
Activity: Application to a Case--25 minutes
Closing Comments--5 minutes
TOTAL TIME--1 hour, 15 minutes
Equipment: Overhead projector; screen; flipchart
Session B: Victim Impact
Overview--Time
Presentation: Overview of Victim Trauma--5 minutes
Activity: Analysis of Video Segments--20 minutes
Presentation: Unique Features of Bias Crime and Its Impact on Bias Crime
Victims--15 minutes
Victim Presentation and Discussion-- 20 minutes
TOTAL TIME--60 minutes
Equipment: Overhead projector; screen; flipchart; VCR; monitor
Session C: Bias Crime Offenders
Overview--Time
Presentation: Offender Typology--30 minutes
Presentation: Organized Hate Groups--15 minutes
Activity: Analysis of Three Video Segments--45 minutes
TOTAL TIME--90 minutes
Equipment: Overhead projector; screen; flipchart; VCR; monitor
Session D: Bias Crime and the Law
Overview--Time
Presentation: Introduction to Federal and State Laws--30 minutes
Activity: Criminal Law Case Application and Discussion 30 minutes
Optional Activity: Drafting Civil Rights Injunctions--20 minutes
Presentation: Emerging Legal Issues--10 minutes
TOTAL TIME--90 minutes
Equipment: Overhead projector; screen
Session E: Roles of Law Enforcement and Victim Assistance Professionals
Overview--Time
Activity: Discussion of Roles, Responsibilities, and Unique Challenges in
Responding to Bias Crimes--20 minutes
Presentation: Investigative Strategies--25 minutes
Presentation: Advocacy on Behalf of Victims and Their Families--15 minutes
TOTAL TIME--60 minutes
Equipment: Flipchart; markers; overhead projector; screen
Session F: Cultural Issues and Community Strategies for Dealing with Bias
Crime
Overview--Time
Presentation: Defining Culture and Why It Matters in Dealing with Bias Crime--
15 minutes
Activity: Culture and Heritage--15 minutes
Presentation: Implications of Culture and Diversity for Bias Crime--20 minutes
Presentation: Community Impact and Outreach--10 minutes
TOTAL TIME--60 minutes
Equipment: Overhead projector; screen; flipchart
----------------------------
Session A Introduction and Overview: Defining and Recognizing Bias Crime
Overview of the Session: At a Glance
Activity: Introductions--10 minutes
Presentation: Overview of Bias Crime--20 minutes
Presentation: Introduction to Bias Crime Indicators--15 minutes
Activity: Application to a Case--25 minutes
Closing Comments--5 minutes
TOTAL TIME--1 hour, 15 minutes
Objectives
By the end of this session, participants will be able to:
o Discuss the seriousness of bias crime in terms of its impact on the individual
and the community
o Explain why bias crime requires a special response from law enforcement and
victim service professionals
o Understand the scope of the problem and the limitations of existing data
o Define the term "bias crime indicator"
o Describe the purpose of bias indicators and how they are used
o Evaluate a case example to determine which bias indicators are present
Materials and Equipment
Time: 1 hour, 15 minutes
Handouts: Bias Crime Indicators; The Case of Steven Thompkins and Henry
Briggs
Transparencies: Key Points on Bias Crimes; Hate Crimes and Agencies
Reporting (1992-1998); Bias Motivation Trends (1992-1998); Definition of a
Bias Crime Indicator; Indicator Cautions
Video (optional): "Responding to Hate Crimes: A Roll Call Training Video for
Police Officers," International Association of Chiefs of Police
Equipment: Overhead projector; screen; flipchart
Instructor's Notes
I. Activity: Introductions (10 minutes)
Deliver welcoming remarks, introduce sponsoring agencies and any visiting
guest speakers, and present the purpose of the training: to enhance professional
capacity in responding to bias crime.
Invite participants to turn to their fellow participants and introduce themselves.
Ask them to discuss briefly with one another how they would define a bias
crime and to give an example of a bias incident or crime they have dealt with
either personally or professionally. Invite a few volunteers to share their
experiences with the group.
Note to Instructor
The terms "bias crime" and "hate crime" are used interchangeably throughout
this curriculum.
The major idea to convey in the beginning of this session is that bias crime--
because of its very nature, its impact on victims and the community, and the
inherent difficulties in identifying and prosecuting these crimes--demands a
special response on the part of law enforcement and victim assistance
professionals. The goal of this curriculum is to help professionals in both fields
understand the complex issues inherent in these tragic incidents and become
better equipped to respond effectively.
II. Presentation: Overview of Bias Crime
(20 minutes)
This is a short lecture presentation, to convey key points. Use Transparency
A1, "Key Points on Bias Crime," as an outline for your presentation.
Key Points on Bias Crime
Overview of Bias Crime
o The Federal Hate Crime Statistics Act defines bias crime as crime
"motivated, in whole or in part, by hatred against a victim based on his or her
race, religion, sexual orientation, ethnicity, national origin, or disability."
o Constitutional protections are guaranteed to all Americans, yet some
individuals are victimized, sometimes subtly and at other times very overtly, for
no reason other than the color of their skin, the religion they profess, the
heritage of their parents, or their sexual orientation. It is most unsettling to the
victims because there is nothing they can do to alter the situation, nor is there
anything they should be expected to change.
o Not only is the individual who is personally touched by these offenses
victimized, but the entire class of individuals residing in the community is
affected as well.
o Federal laws and state statutes protect individuals from bias crime and
provide a basis for prosecution of offenders.
Bias Crimes: Unique Challenges to Professionals
o Because of their unique psychological impact on the victim, bias crimes can
have a more devastating effect than other crimes on both the victim and the
victim's community.
o Bias crimes are considered "message crimes"--crimes that send a message of
fear and terror, based on a foundation of bigotry.
o Bias crimes have an impact on the victim's community. As a result, a
seemingly insignificant incident can exacerbate existing tension within the
community, with the potential for reprisals and escalating violence.
o Therefore, bias crimes demand a special response from law enforcement and
victim assistance professionals. Victims of bias crime often suffer serious and
long-lasting traumatic stress that can be made worse by an inappropriate
response.
Note to Instructor
The definition of hate crime used here is from the Hate Crime Statistics Act.
Explain to participants that federal and state laws define hate crime differently
and include different protected categories.
A comprehensive review of the legal issues regarding the definition of hate
crime can be found in Session D, Bias Crime and the Law.
Scope of Bias Crime[1]
o Prior to 1990, no comprehensive source of bias crime incidence data existed
in the United States, due in part to differences in defining, reporting, and
compiling incidents of bias crime in different states.
o To remedy this lack of reporting, the federal government enacted the Hate
Crime Statistics Act in 1990.
o Currently, state law enforcement agencies and police departments collect and
document bias crimes in different ways. Gradually, agencies have become
better about documenting and reporting bias crimes; the latest FBI report lauds
the efforts of state and local law enforcement agencies in helping to create a
more thorough and comprehensive data set.
o From 1992-1998, an average of over 8,000 hate crimes were reported to
the FBI each year. Transparency A2 shows the data for each year, as well as
the number of law enforcement agencies reporting.
o Of the reported hate crimes from 1992-1998, 61 percent were motivated by
racial bias, 17 percent by religious bias, 12 percent by sexual orientation bias,
and 10 percent by ethnicity/national origin bias. Bias crimes against people with
disabilities accounted for less than 1 percent of hate crimes in 1997 and 1998,
the first years for which this data was collected.[2]
o Advocacy groups have also done exemplary work in documenting bias
crimes and incidents (e.g., the Anti-Defamation League, National Urban
League, National Gay and Lesbian Task Force, American-Arab
Anti-Discrimination Committee, Committee Against Anti-Asian Violence, Asian
Law Caucus, Japanese American Citizens League, National Institute Against
Prejudice and Violence, and others). These data supplement the FBI data and
also indicate that many hate crimes are not reported to law enforcement and/or
are not prosecuted as hate crimes.
o Although some data problems do exist and it is currently impossible to say
with certainty what the incidence of bias crime is nationally, it is important to
remember that these crimes have a significant impact in several areas:
--the victim
--the community
--our democratic society, civil rights, and protections
These crimes threaten the well-being of our society. Although the attacks may
vary widely in their severity, the impact on the broader community is profound.
Note to Instructor
Explain to participants that because reporting is voluntary and because many
hate crimes are either unrecognized by law enforcement or unreported by
victims, the number of reported hate crimes is probably much lower than the
actual number of hate crimes. However, hate crime data is still useful in that it
documents the existence of hate crime, enables professionals and policymakers
to examine trends, and helps identify which groups are most likely to be
victimized. This is also a good opportunity to encourage participants to improve
their local practices of recognizing and reporting hate crimes and to collect
good local data that will enable them to address the problem in their
communities.
III. Presentation: Introduction to Bias Crime Indicators (15 minutes)
Explain what bias indicators are:
o The clues that law enforcement professionals look for in determining if a case
should be investigated as a bias crime
o The guidelines that shape the investigative process
Confirm that, ultimately, the determination that a crime is a bias crime will be
based on the facts of the case. Bias indicators suggest a possibility, not a legal
certainty.
Explain to participants that bias crime indicators assist law enforcement in
confirming that a particular crime was in fact motivated by the offender's bias.
The identification and confirmation of prejudice motivation must be made for
five primary reasons:[3]
1. Successful prosecution
2. Proper law enforcement and victim assistance response to victims and
communities
3. Development of effective prevention programs and strategies
4. Accurate data collection to inform research, legislation, and public policy
5. Victim and community awareness and understanding
Review the formal definition of bias indicators, using Transparency A4,
"Definition of a Bias Crime Indicator."
Definition of a Bias Crime Indicator
Objective facts, circumstances, or patterns attending a criminal act(s), which,
standing alone or in conjunction with other facts or circumstances, suggest that
the offender's actions were motivated, in whole or in part, by any form of bias.
--Massachusetts Model Protocol for Bias Crime Investigation
Distribute Handout A1, "Bias Crime Indicators," and give participants several
minutes to review the handout. Remind participants that the indicators (on the
handout and listed below) are not inclusive, nor does the presence of one
confirm the presence of bias. All cases should be investigated and evaluated on
an individual basis. The following factors may indicate the possibility of a bias
motivation.
Explain that bias indicators need not establish that the predominant motivation
for an offender's actions was hatred or bias. An incident can be classified as a
bias crime if the offender was acting out of hatred or bias, together with other
motives, or if a bias motive was a contributing factor, in whole or in part, in the
commission of a criminal act.
Note to Instructor
An optional activity:
A new video entitled "Responding to Hate Crimes: A Roll Call Training Video
for Police Officers," was recently developed with funding from the Bureau of
Justice Assistance (BJA), U.S. Department of Justice. The video has an
excellent 8-minute segment on hate crime indicators. The International
Association for Chiefs of Police (IACP) created a brochure to accompany the
video. You may wish to show the video during this session and distribute copies
of the brochure. For information about the video, contact the BJA at (800)
688-4252. To order the brochure, call the National Criminal Justice Reference
Service at (800) 851-3420, or download it from the IACP web site at
<www.theiacp.org>.
Bias Crime Indicators[4]
Racial, Ethnic, Gender, and/or Cultural Differences
o The race, religion, ethnicity/national origin, disability status, gender, or sexual
orientation of victim differs from that of the offender.
o The victim is a member of a group that is overwhelmingly outnumbered by
members of another group in the area where the incident occurred.
o The victim was engaged in activities promoting his or her group.
o The incident coincided with a holiday or date of particular significance to the
victim's group.
o The victim, although not a member of the targeted group, is a member of an
advocacy group that supports the victim's group, or the victim was in the
company of a member of the targeted group.
o Historically, animosity exists between the victim's group and the offender's
group.
Comments, Written Statements, or Gestures
o Bias-related comments, written statements, or gestures were made by the
offender.
Drawings, Markings, Symbols, or Graffiti
o Bias-related drawings, markings, symbols, or graffiti were left at the scene of
the incident.
Organized Hate Groups
o Objects or items that represent the work of organized hate groups (e.g.,
white hoods, burning crosses, hate graffiti) were left at the scene of the incident.
o There are indications that a hate group was involved; for example, an
organized hate group claimed responsibility for the crime or was active in the
neighborhood.
Previous Bias Crimes or Incidents
o Victim was visiting a location where previous bias crimes had been committed
against members of the victim's group.
o Several incidents occurred in the same area, and the victims were members of
the same group.
o Victim had received previous harassing mail or phone calls or had
experienced verbal abuse based on his or her affiliation with a targeted group.
o Recent bias incidents or crimes may have sparked a retaliatory hate crime.
Victim/Witness Perception
o Victims and/or witnesses perceive that the incident was motivated by bias.
Motive of Offender
o Offender was previously involved in a similar incident or is a member of, or
associates with members of, an organized hate group.
o The victim was in the company of or married to a member of a targeted
group.
o The victim was perceived by the offender as violating or breaking from
traditional conventions or working in nontraditional employment.
o The offender has a history of previous crimes with a similar modus operandi
and involving other victims of the same race, religion, ethnicity/national origin,
disability, sexual orientation, or gender.
Location of Incident
o The victim was in or near an area or place commonly associated with or
frequented by members of a particular race, religion, ethnicity/national origin,
disability, sexual orientation, or gender (e.g., a gay bar).
o The incident occurred at or near a house of worship, religious cemetery, or
home or establishment of a group considered a minority or "outsider" in a given
neighborhood (e.g., a Korean store in an African American neighborhood, a
gay bar, or an African American home in a predominately Irish American
neighborhood).
Lack of Other Motives
o No clear economic or other motive for the incident exists.
Invite participants to volunteer examples from their own experience that
illustrate bias crime indicators.
Use Transparency A5, "Indicator Cautions."
Indicator Cautions[5]
Need for Case-by-Case Assessment of the Evidence
A small percentage of crimes motivated by bias may not exhibit any of the listed
bias crime indicators. Conversely, some crimes that exhibit bias indicators may
not be motivated by bias. Therefore, reporting agencies must closely examine
each case for clear evidence that the motivation for the crime was bias-related.
Misleading Facts
Agencies must be alert to misleading facts. For example, if the offender used an
epithet to refer to the victim's race, that might indicate bias; however, if the
offender and the victim were of the same race, that same action doesn't
necessarily suggest bias.
Feigned Facts and Hoaxes
Agencies must be alert to evidence left by the offenders that is meant to give the
false impression that the incident was motivated by bias. For example, students
of a religious school might vandalize their own school, leaving anti-religious
statements and symbols on its walls, in the hope that they will be excused from
attending class. However, even when a hoax is suspected, police must be
especially careful not to announce this publicly.
Bias crimes can attract intense community interest and sensational publicity.
Stating that the incident may have been faked will often appear to be "blaming
the victim," leading to a setback in police-community relations. On the other
hand, if a solid investigation proves no bias was involved, police should rely on
the strength of that evidence to convince a judge, jury, and the general public.
Offender's Mistaken Perception
Even if the offender was mistaken in his or her belief that the victim was a
member of a racial, religious, ethnic/national origin, or sexual orientation group,
the offense is still a hate crime as long as the offender was motivated by bias
against that group. For example, a middle-aged, non-gay man walking past a
bar frequented by gays was attacked by six teenagers who mistakenly believed
the victim had left the bar and was gay. Although the offenders were wrong on
both counts, the offense is a bias crime because it was motivated by the
offenders' anti-gay bias.
Changes in Findings of Bias
If, after an initial incident report was submitted, a contrary finding regarding bias
occurs, the national file must be updated with the new finding. For example, if
an initial finding of no bias was later changed to racial bias, or a finding of racial
bias was later changed to religious bias, the change should be reported to the
FBI's Uniform Crime Reports Section.
Note to Instructor
Remind participants that the presence of one or more bias indicators suggests
that a bias crime may have occurred but does not positively identify a crime or
incident as being motivated by bias.
IV. Activity: Application to a Case (25 minutes)
Explain that participants are now going to break into pairs and identify the bias
indicators in a case entitled "The Case of Steven Thompkins and Henry Briggs"
(Handout A2). Explain that this case was specifically developed as a composite
of many of the problems faced by law enforcement and victim assistance
professionals when responding to bias crimes.
Distribute Handout A2, "The Case of Steven Thompkins and Henry Briggs."
Instruct participants to read the case study, and then, in pairs, use the questions
that follow to discuss their responses.
Ask for volunteers to describe the bias indicators they and their partners have
identified. After several minutes, pose the questions that follow the case to
solicit any bias indicators that have not been identified. Write the responses on
a flipchart.
The Case of Steven Thompkins and Henry Briggs
The Incident
Two men are walking together outside a restaurant in a small community with a
large gay population. A group of five white, teenage males approaches them,
and one of the teenagers in the group, distinguished from the others by his short
crewcut, signals by raising his right arm. The group responds to the signal by
bombarding the two men with rocks and bottles that had been concealed inside
their jackets. One of the men is hit above the eye and cut by the broken glass of
a bottle. Seeing the open wound on the man's face, the teenager who initiated
the assault yells to the group, "Watch out, he probably has AIDS." The
teenagers disperse. Hearing the commotion, the owner of the restaurant calls
the police.
Law Enforcement: First Response and Bias Indicators
Responding patrol officer Jack McCarron arrives at the scene and immediately
calls an ambulance for the wounded man. The officer requests that the other
victim and the restaurant owner remain at the scene for questioning. The victims
are identified as Steven Thompkins and Henry Briggs.
Officer McCarron asks Mr. Briggs, the remaining victim, and the restaurant
owner to describe the offenders in as much detail as they can recall. Henry
Briggs, visibly shaken, tells the officer that he can barely remember a thing
about the group. The restaurant owner tells the police officer that several of his
customers have been the victims of similar incidents in this neighborhood:
"These kids come over from Lakedale [a nearby town] just to stir up trouble."
The officer takes down this information as part of his report and gets into his
patrol car. As he is about to leave Henry Briggs rushes up to him, saying,
"Wait, I do remember something else. When the punk with the short crewcut
raised his arm, I saw a tattoo. I don't know what it was--it looked like some
sort of skull to me." Officer McCarron responds, "Thanks, lots of kids have
tattoos these days. I'll be in touch with you."
Questions:
1. According to your knowledge and the definition of bias crime, might this
incident be motivated by bias? What are the bias indicators?
Possible/Desired Responses:
Yes, the crime is motivated by bias. Bias indicators include the following:
o Assault by a group of teenagers who are not residents of the area
o Assault by a group of teenagers in a predominantly gay community
o The lead offender's comment, "Watch out, he probably has AIDS," which
may be a reference to the victim's presumed sexual orientation
o The restaurant owner's remark that several similar incidents have occurred in
this area
o The skull tattoo on the arm of the lead offender, which may be an insignia of
an organized hate group
2. If you believe the incident might be motivated by bias, what form of bias is
being perpetrated by the teenagers? Would the form of bias be different if the
situation and words spoken by the teenager were exactly the same but the men
leaving the restaurant were African American?
Possible/Desired Responses:
The form of bias is bias against an individual's sexual orientation (note the
offender's reference to AIDS). The form of bias would be the same if the men
were African American, unless the offenders also made references to the
victims' race.
3. With the information presented thus far, can this situation be identified as a
possible bias crime or bias incident? What would distinguish it as one or the
other?
Possible/Desired Responses:
Although elements for distinguishing bias crimes from bias incidents vary among
states, it is acceptable to identify this case as a possible incident.
V. Closing Comments (5 minutes)
Explain that you want to provide some closing comments about bias indicators
that will be useful to participants in investigating potential bias crimes and
working with victims. Present the following information relative to bias
indicators:
o Often, law enforcement and victim service professionals overlook bias crimes
when written or verbal bias language is not present and when other indicators
may be less obvious.
o The same holds true with bias crime homicide victims. Frequently in these
cases there are no witnesses to the murder, and no one is able to report any
language-based bias indicators; this challenges police to search for other, less
obvious indicators.
o When a robbery occurs, the motive can appear to be economic. However, if
robbery is not mentioned or attempted until well into the encounter, it is highly
possible that bias may be the primary motivation for the crime. The same
principle holds true for sexual assault cases.
o Remember that the victim does not always understand that he or she may
have been victimized in a bias-motivated attack. Victims often search for other
reasons to explain an attack because their group membership represents an
aspect of themselves that is not generally possible to change; they will forever
be identified as a member of that group and therefore vulnerable to attack. The
same issue can apply to witnesses as well.
o It is not essential to determine whether the victim is actually a member of a
targeted group when identifying bias indicators. The issue of concern is the
offender's motive based on his or her perception of who the victim is.
o Keep in mind that bias indicators are factors that should be considered in
determining the presence of a bias crime. They do not, in themselves, confirm
that any incident was a hate offense.
Next Steps for Professionals
o Both victim assistance and law enforcement professionals are motivated by a
desire to protect and serve victims and facilitate the administration of justice.
o Several elements are critical in both fields for a more effective response:
--improved data collection and documentation
--improved cultural awareness and understanding of diversity
--greater efforts at outreach to the victims
--improved community relations
--greater understanding of the law
--greater understanding of the roles and responsibilities in each field
o Our goal is to help you determine what more you can do to respond
effectively to bias crimes.
Transparency A1
KEY POINTS ON BIAS CRIME
o Bias crimes are "crimes motivated, in whole or in part, by hatred against a
victim based on his or her race, religion, sexual orientation, ethnicity, national
origin, or disability." (Federal Hate Crime Statistics Act definition)
o Federal laws and state statutes protect individuals from bias crime and
provide a basis for prosecution of offenders.
o Because of their unique psychological impact on the victim, bias crimes can
have a more devastating effect than other crimes--on both the victim and the
victim's community.
o Before the passage of the Hate Crime Statistics Act in 1990, no
comprehensive source of bias crime incident data existed in the United States,
due in part to differences in defining, reporting, and compiling incidents of bias
crime in different states.
Transparency A2
HATE CRIMES AND AGENCIES REPORTING (1992-1998) is not
included in this ASCII plain-text file. To view this document in its entirety,
download the Adobe Acrobat graphic file available from this Web site or order
a print copy from Office for Victims of Crime Resource Center at 800-627-
6872.
Transparency A3
BIAS MOTIVATION TRENDS (1992-1998) is not included in this ASCII
plain-text file. To view this document in its entirety, download the Adobe
Acrobat graphic file available from this Web site or order a print copy from
Office for Victims of Crime Resource Center at 800-627-6872.
Transparency A4
DEFINITION OF A BIAS CRIME INDICATOR
Objective facts, circumstances, or patterns attending a criminal act(s), which,
standing alone or in conjunction with other facts or circumstances, suggest that
the offender's actions were motivated, in whole or in part, by any form of bias.
--Massachusetts Model Protocol for Bias Crime Investigation
Handout A1
Bias Crime Indicators
Racial, Ethnic, Gender, and/or Cultural Differences
o The race, religion, ethnicity/national origin, disability status, gender, or sexual
orientation of victim differs from that of the offender.
o The victim is a member of a group that is overwhelmingly outnumbered by
members of another group in the area where the incident occurred.
o The victim was engaged in activities promoting his or her group.
o The incident coincided with a holiday or date of particular significance to the
victim's group.
o The victim, although not a member of the targeted group, is a member of an
advocacy group that supports the victim's group, or the victim was in the
company of a member of the targeted group.
o Historically, animosity exists between the victim's group and the offender's
group.
Comments, Written Statements, or Gestures
o Bias-related comments, written statements, or gestures were made by the
offender.
Drawings, Markings, Symbols, or Graffiti
o Bias-related drawings, markings, symbols, or graffiti were left at the scene of
the incident.
Organized Hate Groups
o Objects or items that represent the work of organized hate groups (e.g.,
white hoods, burning crosses, hate graffiti) were left at the scene of the incident.
o There are indications that a hate group was involved; for example, an
organized hate group claimed responsibility for the crime or was active in the
neighborhood.
Previous Bias Crimes or Incidents
o Victim was visiting a location where previous bias crimes had been committed
against members of the victim's group.
o Several incidents occurred in the same area, and the victims were members of
the same group.
o Victim had received previous harassing mail or phone calls or had
experienced verbal abuse based on his or her affiliation with a targeted group.
o Recent bias incidents or crimes may have sparked a retaliatory hate crime.
Victim/Witness Perception
o Victims and/or witnesses perceive that the incident was motivated by bias.
Motive of Offender
o Offender was previously involved in a similar incident or is a member of, or
associates with members of, an organized hate group.
o The victim was in the company of or married to a member of a targeted
group.
o The victim was perceived by the offender as violating or breaking from
traditional conventions or working in nontraditional employment.
o The offender has a history of previous crimes with a similar modus operandi,
and involving other victims of the same race, religion, ethnicity/national origin,
disability, sexual orientation, or gender.
Location of Incident
o The victim was in or near an area or place commonly associated with or
frequented by members of a particular race, religion, ethnicity/national origin,
disability, sexual orientation, or gender (e.g., a gay bar).
o The incident occurred at or near a house of worship, religious cemetery, or a
home or establishment of a group considered a minority or "outsider" in a given
neighborhood (e.g., a Korean store in an African American neighborhood, a
gay bar, or an African American home in a predominately Irish American
neighborhood).
Lack of Other Motives
o No clear economic or other motive for the incident exists.
Transparency A5
INDICATOR CAUTIONS
o Need for Case-by-Case Assessment of the Evidence
o Misleading Facts
o Feigned Facts and Hoaxes
o Offender's Mistaken Perception
o Changes in Findings of Bias
Handout A2
THE CASE OF STEVEN THOMPKINS AND HENRY BRIGGS
The Incident
Two men are walking together outside a restaurant in a small community with a
large gay population. A group of five white, teenage males approaches them,
and one of the teenagers in the group, distinguished from the others by his short
crewcut, signals by raising his right arm. The group responds to the signal by
bombarding the two men with rocks and bottles that had been concealed inside
their jackets. One of the men is hit above the eye and cut by the broken glass of
a bottle. Seeing the open wound on the man's face, the teenager who initiated
the assault yells to the group, "Watch out, he probably has AIDS." The
teenagers disperse. Hearing the commotion, the owner of the restaurant calls
the police.
Law Enforcement: First Response and Bias Indicators
Responding patrol officer Jack McCarron arrives at the scene and immediately
calls an ambulance for the wounded man. The officer requests that the other
victim and the restaurant owner remain at the scene for questioning. The victims
are identified as Steven Thompkins and Henry Briggs.
Officer McCarron asks Mr. Briggs, the remaining victim, and the restaurant
owner to describe the offenders in as much detail as they can recall. Henry
Briggs, visibly shaken, tells the officer that he can barely remember a thing
about the group. The restaurant owner tells the police officer that several of his
customers have been the victims of similar incidents in this neighborhood:
"These kids come over from Lakedale [a nearby town] just to stir up trouble."
The officer takes down this information as part of his report and gets into his
patrol car. As he is about to leave Henry Briggs rushes up to him, saying,
"Wait, I do remember something else. When the punk with the short crewcut
raised his arm, I saw a tattoo. I don't know what it was--it looked like some
sort of skull to me." Officer McCarron responds, "Thanks, lots of kids have
tattoos these days. I'll be in touch with you."
Questions
1. According to your knowledge and the definition of bias crime, might this
incident be motivated by bias? What are the bias indicators?
2. If you believe the incident might be motivated by bias, what form of bias is
being perpetrated by the teenagers? Would the form of bias be different if the
situation and words spoken by the teenager were exactly the same but the men
leaving the restaurant were African American?
3. With the information presented thus far, can this situation be identified as a
possible bias crime or bias incident? What would distinguish it as one or the
other?
References
1 Adapted from U.S. Department of Justice, Federal Bureau of Investigation
(1996). Training guide for hate crime data collection. Washington, D.C.: U.S.
Government Printing Office.
2 Federal hate crime data can be found at the FBI website at
<www.fbi.gov/ucr.htm>.
3 Adapted from U.S. Department of Justice (1998). National hate crimes
training curriculum: Multilevel state and local law enforcement professionals.
Washington, D.C.: U.S. Department of Justice.
4 Holmes, W. (1992). Hate crime reporting: Obstacles, facilitators, and
strategies. Boston: Statistical Analysis Center, Massachusetts Committee on
Criminal Justice.
5 U.S. Department of Justice, Federal Bureau of Investigation (1990).
Hate crime data collection guidelines. Washington, D.C.: U.S. Government
Printing Office.
----------------------------
Session B
Victim Impact
Overview of the Session: At a Glance
Presentation: Overview of Victim Trauma--5 minutes
Activity: Analysis of Video Segments--20 minutes
Presentation: Unique Features of Bias Crime and Its Impact on Bias Crime--15
minutes
Victims Victim Presentation and Discussion-- 20 minutes
TOTAL TIME--60 minutes
Objectives
By the end of this session, participants will be able to:
o Identify elements of victim trauma
o Identify the unique features of bias crime
o Understand the impact of bias crime on victims
Materials and Equipment
Time: 60 minutes
Videos: "Understanding Why," Prime Time Live, October 28, 1993, available
for purchase from the Federal Document clearinghouse at (800) 225-5222
(be sure to allow at least four to six weeks for delivery)
"Hate on Trial," 60 Minutes II, October 12, 1999, CBS Network, (800)
934-NEWS, or CBS Video, 19 Gregory Drive, So. Burlington, VT 05403;
(800) 542-5621
Handouts: Assessment of Victims' Physical, Emotional, and Financial Injuries
Transparencies: Secondary Injury; Unique Features of Bias Crime; Bias
Crime: Victim Impact; Bias Crime: Community Impact; The Ripple Effect of
Bias Crime
Equipment: Overhead projector; screen; flipchart, VCR; monitor
Instructor's Notes
I. Presentation: Overview of Victim Trauma (5 minutes)
Bias crime victims experience many of the same difficulties and traumas as
victims of other crimes, but bias crimes also have a unique impact.
Crisis of Victimization
Many victims experience a crisis as a result of their victimization. Morton
Bard, author of the Crime Victim's Book, defines the crisis of victimization as
"a sudden, arbitrary, unpredictable event that is threatening to the self and
produces a disruption in the emotions and behaviors of the threatened
person."[1] Crime victims experience this crisis as a result of the primary and
secondary injury or harm.
Types of Victim Trauma or Injury
o Physical injury
o Psychological trauma
--initial crisis
--long-term stress reactions
o Financial loss
o Secondary victimization by society and its institutions
Note to Instructor
Explain that the video to be shown is an actual portrayal of a hate crime victim
and the reenactment of a hate crime. It is very graphic and involves serious
physical and psychological injury. Explain that participants may have trouble
viewing the film and may wish to leave the room if they believe it will be
particularly disturbing. It may be helpful to have victim assistance professionals
available after this session to assist anyone who has strong reactions to the
video.
I. Activity: Analysis of Video Segments (20 minutes)
Pre-screen and select one of the two recommended videos listed at the
beginning of this section, both of which portray hate crime victims. Ask
participants to keep the types of victim trauma in mind when they view the
video segment.
Show video segment.
Distribute Handout B1, "Assessment of Victims' Physical, Emotional, and
Financial Injuries." Explain that this assessment list was prepared to be used
with victims of any type of crime to understand the degree of victim trauma.
Ask participants to divide into small groups to complete Handout B1, based
on the victim portrayed in the video.
After they have completed the checklist, reconvene all participants to the
larger group. Ask participants from three different groups to report to the
larger group on one type of victim injury:
o physical
o emotional, or
o financial
Record their answers on a flipchart.
Explain that, as the assessment checklist shows, some aspects of victim harm
are felt immediately. Others are felt later, as a result of resuming daily life at
home, in the community, and at work, and negotiating the medical, legal,
insurance, social service, and/or criminal justice systems.
Use Transparency B1, "Secondary Injury."
Secondary injury is the victim's perceived rejection by and lack of expected
support from the community.
o Victim trauma may be exacerbated by the insensitivity of others. This is
known as "secondary injury."
o Most crime victims experience some type of secondary injury as they
attempt to deal with the systems that provide physical or mental health care,
process insurance claims to recover losses, or adjudicate offenders.
o Bias crime victims may experience more severe secondary injury because
professionals who work within the system that serves the victim tend to have
the same prejudices and biases as the rest of society.
o As a result of personal bias and prejudice, professionals--like other
individuals--may minimize the impact of the crime on the individual.
o Bias crime victims frequently feel betrayed and hopeless when they confront
institutional prejudice.
o Secondary injury can also occur as victims of bias crime interact with family,
friends, and acquaintances, as well as the clergy, the media, and others.
Ask participants for examples of secondary injury to the victim portrayed in
the video. Record their answers on a flipchart.
III. Presentation: Unique Features of Bias Crimes and Their Impact on Bias
Crime Victims (15 minutes)
Use Transparency B2, "Unique Features of Bias Crime," to describe key
points. Explain that, in addition to the primary and secondary injuries that
victims face, there are unique features of bias crime that are important to
understand.
Unique Features of Bias Crime[2]
o Bias crime is more likely to be seriously injurious or lethal than any other
assaultive crime.
o Bias crime, in part motivated by fear, often escalates when the members of
the dominant culture think they are under attack; for example, a number of
Arab-Americans were harassed or even physically assaulted during the
1991 Gulf War.
o Bias crimes are usually perpetrated in groups. Group-instigated crime has
a significant impact on the victim for several reasons:
--There is a diffusion of responsibility among offenders.
--Crimes committed by groups tend to be especially vicious, which can
exacerbate the physical and emotional trauma to the victim.
o A large number of bias crimes seem to be aimed at individuals who are not
only members of an identified group but also perceived as infringing on
another group's "territory." Northeastern Professor Jack McDevitt analyzed
452 cases of bias crime that occurred in Boston from 1983 to 1987 and
found that 57 percent of the crimes were attacks on persons walking, driving
through, or working in a neighborhood, or on families moving into the
area.[3]
Similar to all crime victims, bias crime victims often suffer from shock,
disbelief, and denial. Their emotional turmoil is comprised of rage, terror,
confusion, frustration, blame, and grief. These emotional reactions are
compounded because the victims are chosen due to a characteristic of their
identity. Bias crime victims may experience especially acute effects of
primary and secondary victimization. The particular effects of primary
victimization, resulting from the impact of the crime itself, are reviewed
below.
Use Transparency B3, "Bias Crime: Victim Impact," and describe the key
points.
Bias Crime: Victim Impact
o Victims of bias crime are attacked for being "different," for being
misunderstood, and for being hated. Because the basis for their attack is
their identity, they may suffer a deep personal crisis.
o Victims of bias crime are targeted due to a core, immutable characteristic
of their identity. This may lead to a feeling of increased vulnerability
because they are attacked for something that they cannot change.
o Trauma may be compounded because of the nature of the attack and its
root in hatred or prejudice. It is very difficult for a bias crime victim to
resolve that the crime was motivated by hatred as opposed to another
motive, such as an economic one. Research shows that people who are
physically or psychologically attacked for reasons of prejudice suffer more
than people who are victims of similar attacks not motivated by
prejudice.[4,5]
o If their membership in a target group is readily visible, victims of bias
crimes may feel particularly vulnerable to a repeat attack. This heightened
sense of vulnerability may result in the feeling of hopelessness. They may
become afraid to associate with other members of the group that has been
targeted or may fear seeking needed services, believing that these actions
increase their vulnerability.
o Bias crime victims' grief can be more intense than other reactions, arising in
part because victims lose their sense of community or feel betrayed by the
American system.
o Victims of bias crimes who are minorities may feel the crime has been
diminished because of societal stereotyping, prejudice, or institutional
indifference.
o As a result of the victimization, bias crime victims may respond by more
strongly identifying with their group--or, conversely, by attempting to
disassociate themselves or deny a significant aspect of their identity.
o Assumptions about life and worldview may be shattered. For bias crime
victims who are members of a minority culture, this may be particularly
devastating because their worldview may have been very different from the
dominant culture's worldview.
Bias crime affects more than the individual victims. Use Transparency B4,
"Bias Crime: Community Impact," to discuss the effects of bias crime on the
community.
Bias Crime: Community Impact
o When individuals are targets of hate because of their race, religion,
national origin, ethnicity, gender, disability, or sexual orientation, their
victimization is projected outward to all members of their community.
o Other members of the same group feel victimized, and members of other
commonly targeted groups are reminded of their vulnerability to similar
attacks. All members of the targeted group suffer injury and intimidation.
o Places of worship are often targeted by bias crime offenders; these
attacks on sacred spiritual symbols, which may harm victims more than
other acts of vandalism, also harm other members of the community.
o Hate crimes are highly likely to exacerbate racial or other intergroup
tensions. They may create civil disturbances, even riots, and result in
retaliatory hate crimes.
Use Transparency B5, "The Ripple Effect of Bias Crime," to discuss the
chain-reaction of impact that can ensue from a single hate crime.
The Ripple Effect of Bias Crime
The effects of hate crimes are far-reaching. As message crimes, hate crimes
affect society on many levels and in many different ways, creating a chain
reaction that ultimately serves as fertile ground for further prejudice, social
unrest, hate crime, and fear. Possible effects of hate crimes are as follows:
o The immediate victims suffer serious physical injury, psychological
trauma, and/or financial loss.
o The specific group that has been targeted receives a message that all of its
members are potentially at risk.
o Other groups commonly targeted for hate crimes receive a frightening
reminder of their potential victimization by individuals who view them as
"different."
o The community in which the crime occurred suffers the stigma of hatred
as well as a potential increase in intergroup tensions and escalation of hate
activity.
o The social order--in the affected community and beyond--is disrupted,
often resulting in civil unrest, retaliatory violence, and copycat incidents.
o The civil rights of all individuals are at risk, especially if hate crimes are
not properly and swiftly addressed.
IV. Victim Presentation and Discussion (20 minutes)
It is most compelling if a victim of bias crime is recruited for the training to
make a presentation about his or her personal experience as a victim of bias
crime (see "Planning for Individual Sessions" in the "Guide to Using This
Curriculum" for more information on recruiting a victim to present).
The presentation should include the following:
o The victim's personal experience as a victim
o The impact of the bias crime on the victim
o The response of the criminal justice system to the victim
o The response of other professionals, institutions, and friends and family
members to the victim
o The victim's recommendations, if any, to improve the response to bias
crime victimization
After the presentation, ask participants if they have any questions or
reactions. After a brief time for questions, thank the victim for his or her
willingness to present.
If it is not possible to recruit a victim to make a presentation, use any of the
following videos, which include victim interviews.
o "The Truth About Hate: Teen Files Series"
March 1999
AIMS Multimedia Orders
9710 DeSoto Avenue
Chatsworth, CA 91311
(800) 367-2467, ext. 349
http://www.aims-multimedia.com/Public
Performance licensed video: $142.45
Private Home Use licensed video: $29.95
o "Hate Crimes: Training for Police Officers"
November 25, 1990
Anti-Defamation League
Materials Library
22-D Hollywood Avenue
Ho-Ho-Kus, NJ 07423
(800) 343-5540
Video segment: 12 minutes
o "Roy Smith's America"
March 3, 1998
20/20
ABC Network
(800) CALL-ABC
After viewing the victim segment(s), discuss the video. After a few minutes
of discussion, ask for volunteers to answer the following questions:
o What types of victim trauma were involved?
o What unique aspects of victimization were involved?
o What changes, if any, would you make in response to the victim?
o What was the impact of the crime on the community?
Handout B1
Assessment of Victims' Physical, Emotional, and Financial Injuries
Physical
o What is the degree of victim injury?
o What is the severity and impact of the injury?
o Will the injury create a long-term disability?
o Has the crime aggravated a previously existing physical or medical
condition?
o Is the injury a visible one? Will there be permanent scarring or
disfigurement?
Emotional
o Has the lack of a physical injury resulted in other people discounting the
seriousness of the incident?
o What previous life experiences with victimization, oppression, or
discrimination, if any, have a bearing on the recent victimization?
o What emotions are being experienced?
o Does the victim fear revictimization?
o Is emotional stress interfering with basic life activities, such as eating,
sleeping, and ability to concentrate on the task at hand?
o What are the unique vulnerabilities of this victim? What degree of social
support exists?
o What bearing does the offender's motivation have on the victim's
emotional reaction?
o What factors relating to the commission of the crime exacerbate the
victim emotional reaction, such as the degree of degradation the victim
experienced and the degree that this victimization affects all members of this
class or community?
Financial
o What is the degree of financial loss?
o Has the crime interrupted the victim's ability to earn income? Is this
jeopardizing the victim's financial security?
o Has the victim had expenses relating to child care, transportation, or other
costs associated with the crime?
o Does the victim have insurance that covers the loss or injury?
o Does the loss or damage of property pose immediate hardship, such as
the need to find alternate housing or transportation?
Transparency B1
SECONDARY INJURY
Secondary injury is the victim's perceived rejection by and lack of expected
support from the community.
Transparency B2
UNIQUE FEATURES OF BIAS CRIME
o More likely to be seriously injurious or lethal than other assaultive crimes
o Often escalates when members of dominant culture think they are under
attack
o Usually perpetrated in groups, which may
--diffuse offenders' responsibility
--exacerbate trauma to victim
--exacerbate the viciousness of the attack
o Aimed at individuals perceived as infringing on another group's "territory"
Transparency B3
BIAS CRIME: VICTIM IMPACT
o Because the basis for the attack is their identity, victims may experience a
deep personal crisis.
o Stress and feelings of vulnerability may be heightened or prolonged
because the victims have been attacked for something they cannot change.
o Trauma may be compounded because hate crime victims experience
violence and hatred.
o Victims of bias crime may feel particularly vulnerable to a repeat attack.
They may become afraid to associate with other members of a group that
has been targeted or fail to seek needed services.
o Victims' grief may in part stem from losing their sense of community or
feeling betrayed by society.
o Victims may feel the crime has been diminished because of societal
stereo-typing, prejudice, or institutional indifference.
o Victims may respond by identifying more strongly with their group.
or
They may reject the aspect of themselves that was the target for their attack.
o Assumptions about life and worldview may be shattered.
Transparency B4
BIAS CRIME: COMMUNITY IMPACT
o Victimization of individuals because of race, religion, sexual orientation,
etc. is projected outward to all members of that community.
o Members of other commonly targeted groups are reminded of their
vulnerability.
o Attacks on places of worship and their spiritual symbols may harm
victims and the community more than other acts of vandalism.
o Hate crimes are highly likely to exacerbate intergroup tensions. They may
create civil disturbances, even riots, and result in retaliatory attacks.
Transparency B5
THE RIPPLE EFFECT OF BIAS CRIME
Victim
Targeted group
All targeted groups
Community
Social order
Civil rights of all individuals
The chart for The Ripple Effect of Bias Crime is not included in this ASCII
plain-text file. To view this document in its entirety, download the Adobe
Acrobat graphic file available from this Web site or order a print copy from
Office for Victims of Crime Resource Center at 800-627-6872.
References
1 Bard, M. and Sangrey, D. (1986). The crime victim's book.
Brunner/Mazel.
2 Young, M.A., NOVA (1993). Victim assistance: Frontiers and
fundamentals. Dubuque, IA: Kendall/Hunt Publishing Company.
3 McDevitt, J. and Levin, J. (1993). Hate crimes: The rising tide of bigotry
and bloodshed. New York: Plenum Publishers.
4 Hutson, H. R., Anglin D., Stratton, G., Moore, J. Hate crime violence
and its emergency department management. Ann Emerg Med (June 1997).
29:786-791.
5 The Prejudice Institute (1997). Factsheet on ethnoviolence. Baltimore:
The Prejudice Institute.
----------------------------
Session C Bias Crime Offenders
Overview of the Session: At a Glance
Presentation: Offender Typology--30 minutes
Presentation: Organized Hate Groups--15 minutes
Activity: Analysis of Three Video Segments--45 minutes
TOTAL TIME--90 minutes
Objectives
By the end of this session, participants will be able to:
o Describe the characteristics of three types of bias crime offenders
o Give examples of retaliatory hate crimes and discuss the importance of
appropriate responses
o Describe the characteristics of organized hate groups
o Identify offender typology, given a case example
Materials and Equipment
Time: 90 minutes
Videos: "That Old Gang of Mine" (interview with Eric, former skinhead),
1990
"On Hate Street," 48 Hours, CBS, 1992
"Licensed to Kill," Arthur Dong, Deepfocus Productions, 1997
Handouts: Thrill-Seeking Offenders; Case Studies of Typical Offenders;
Reactive Offenders; Mission Offenders; Offender Typology Video
Observation Form
Transparencies: Important of Understanding Offender Typology;
Retaliatory Hate Crimes; Organized Hate Groups
Equipment: Overhead projector; screen; VCR; monitor
Note to Instructor
The offender typology presented in this session is designed to help
professionals understand the different motivations and characteristics of
"typical" hate crime offenders and the implications for responding to hate
violence. It is not intended to overgeneralize or to presume that
perpetrators will necessarily fit into one category.
Explain to participants that this typology is evolving as research on hate
crime offenders continues. The terms, such as "thrill-seeking" or "mission,"
are the ones originally used by Jack Levin and Jack McDevitt in their
seminal book on hate crime.1 Other hate crime experts may use different
terms for the same typology. To encourage discussion, you may wish to ask
participants for their ideas about the typology and its relevance to
perpetrators they have encountered.
Instructor's Notes
I. Presentation: Offender Typology (30 minutes)
Explain the following:
o Jack Levin and Jack McDevitt of Northeastern University identified three
different types of hate crime offenders in their book on bias crime, Hate
Crime: The Rising Tide of Bigotry and Bloodshed: thrill-seeking offenders,
reactive offenders, and mission offenders.
o These are not necessarily pure categories, and, since offenders can
progress from one type to another, the lines between the categories may at
times be blurred.
Use Transparency C1, "Importance of Understanding Offender Typology."
Importance of Understanding Offender Typology
Knowing offender typology helps law enforcement do the following:
o Identify suspects
o Locate offenders
o Gain insight into the victim's perception of his or her vulnerability
o Gain insight into the offender's motivation
o Determine the probability of escalation
o Anticipate community response
Distribute Handout C1, "Thrill-Seeking Offenders."
Thrill-Seeking Offenders
Offender Characteristics
o Usually, groups of teenagers
o Not generally associated with an organized hate group
Precipitating Events
o Generally, none
Motivation
o To get a psychological or social thrill
o To be accepted by peers
o To gain "bragging" rights
Victim
o Almost any member of a vulnerable group
o Members of groups perceived as inferior by offenders
Location
o Generally outside of offenders' "turf"
o Area(s) frequented by members of targeted group(s)
Additional Characteristics
o Most common type of hate crime; represents approximately 60 percent
of all cases
o Since attacks are random, it is often difficult to identify the offenders
o Attacks often involve desecration and vandalism, although they can also
involve more violent crimes
o Hatred of victim is relatively superficial; offenders may be deterred from
repeating the crime if there is strong societal response condemning the
behavior
o Each group member's participation may be limited to a specific aspect of
the crime, enabling each offender to avoid acknowledgment of or
accountability for the seriousness of the crime
Distribute Handout C2, "Case Studies of Typical Offenders." Note: This
handout will be used to explore all three offender types.
Case Studies of Typical Offenders
Thrill-Seeking Offenders
Two alienated white youths looking for excitement went on a spree of
destruction and defacement that resulted in attacks on 23 properties in
three different communities. They defaced walls, driveways, and
automobiles with slurs against Jews, African Americans, Greeks, and even
skinheads. After their arrest, the men claimed that they hadn't intended to
hurt anyone--that it only happened because they were drunk.
Encourage one participant to provide a case example of a thrill-seeking bias
crime from his or her jurisdiction or state.
Distribute Handout C3, "Reactive Offenders."
Reactive Offenders
Offender Characteristics
o Have a sense of entitlement regarding their rights, privileges, or way of
life, which does not extend to the victim
o Usually have no prior history of criminal behavior or overt bigotry; not
generally associated with an organized hate group, although may call on an
organized hate group to assist in mitigating the perceived threat
Precipitating Events
o Offenders perceive a threat to their way of life, community, place of
work, or privilege
Motivation
o To protect or defend against the perceived threat constituted by the
presence of "outsiders"
o To use fear and intimidation to send a message that will repel the
"outsiders"
Victim(s)
o Particular individual or group of individuals who are perceived to
constitute the threat
o Most often, people of color
Location
o Typically, offender's own neighborhood, school, or place of work
Additional Characteristics
o If the threat is perceived to subside, criminal behavior also subsides
o Offenders feel little if any guilt because they perceive their behavior as a
justifiable response to their feelings of violation at the mere presence of the
victim
Refer participants back to Handout C2, "Case Studies of Typical
Offenders."
Reactive Offenders
In Jersey City, New Jersey, an East Indian chemist was severely beaten
with an iron bar in his own apartment by a racist who resented the presence
of "Hindus" in his neighborhood.
In Wheaton, Maryland, two young white men unable to find work stopped
their car and chased two African American women, who were walking
from their apartment to a pay phone. One woman ran toward a house and
was rescued by the occupant, who heard one of the assailants warn, "If you
knock on that door again, I'll kill you." The other woman tried to escape
into the woods, where she fell. The attackers beat her head and face,
ripped off her blouse, and doused her with lighter fluid. As they attempted
to light the fluid, police cars arrived at the scene. Both men escaped but
were later apprehended. They were charged with attempted murder,
assault with intent to murder, assault with intent to maim, kidnaping, and
(under a 1988 bias crime statute) attempting to injure a person for racial
reasons.
Encourage one participant to provide a case example of a reactive bias
crime from his or her jurisdiction or state.
Distribute Handout C4, "Mission Offenders."
Mission Offenders
Offender Characteristics
o Often psychotic, suffering from mental illness that may cause
hallucinations, impaired ability to reason, and withdrawal from other people
o Perceive victim groups as evil, subhuman, and/or animal
Precipitating Events
o None
Motivation
o Believe they have been instructed by a higher order (God, the Fuhrer, the
Imperial Wizard, etc.) to rid the world of this evil
o Believe they must get even for the misfortunes they have suffered and
perceive a conspiracy of some kind being perpetrated by the groups they
have targeted
o Have a sense of urgency about the mission; believe they must act before it
is too late
Victim
o Any or all members of the category of people they perceive as
responsible for their frustrations
Location
o Areas where members of the targeted group are likely to be found
Additional Characteristics
o The rarest kind of bias crime
o Crimes are of a violent nature; the mission may end in the offender's
suicide
Note to Instructor
Clarify for participants that the category of retaliatory hate crimes does not
encompass all forms of retaliation or revenge. It refers specifically to hate
crimes in which a victim is selected at random because of his or her race,
religion, ethnicity, gender, sexual orientation, etc.
In concluding the discussion of the offender typology, ask participants what
bearing the typology and motivation of the offender has on the impact on
the victim and on the community as a whole. Would participants anticipate
different effects depending on the motivation? Does it matter?
Refer participants back to Handout C2, "Case Studies of Typical Offenders."
Mission Offenders
Marc Lepine entered the engineering school at the University of Montreal
with the intent of "getting even" with women, especially feminist women,
whom he perceived as having ruined his life. He walked into a classroom,
directed the men to leave, and ordered the women to move to one side of the
room, saying, "I want the women. You're all a bunch of feminists. I hate
feminists."
He opened fire and killed 14 women between the classroom, the hallways,
and the cafeteria, and then took his own life.
Encourage one participant to provide a case example of a mission bias crime
from his or her jurisdiction or state.
Retaliatory Hate Crime
Ongoing analysis of offender research and hate crime cases has revealed that
it may be necessary to add "retaliatory" as a category to the hate crime
typology.[2] Retaliatory hate crimes are those motivated by revenge for a
specific incident perceived to be rooted in discrimination or hatred.
Use Transparency C2, "Retaliatory Hate Crime," to review the major points
that characterize retaliatory hate crime, using the cases below as an
illustration.
Two well-known cases illustrate retaliatory hate crime:
o During the 1992 riots in Los Angeles, following the acquittal of Los Angeles
police officers in the videotaped beating of Rodney King, a group of young
black males dragged white truck driver Reginald Denny from the cab of his
truck and severely beat him within an inch of his life. This attack has been
described as a retaliatory hate crime that occurred in response to the police
brutality against Rodney King, and to widespread public perception that the
justice system had failed to protect King's civil rights.
o In 1991, a Jewish scholar named Yankel Rosenbaum was randomly
selected and killed during an uprising in the Crown Heights section of
Brooklyn, New York. The precipitating event for the unrest was the death of
a young black child who was accidentally killed by an Orthodox Jewish
driver. Rumors spread throughout the black community that a Hasidic-owned
ambulance company had refused to treat the black children injured in the
accident and instead had attended to the Jewish passengers. The police
reported that they had ordered the ambulance to remove the Jewish driver
from the scene to protect him from the angry crowd. Fueled by the rumors,
black youths marched through the streets shouting, "Kill the Jews."
Rosenbaum, a visiting scholar from Australia who had nothing to do with the
accident, was killed amidst several days of racial hostilities.
These two painful events from our history illustrate the complex nature of
retaliatory hate crime. In both examples, the victim was selected merely
because of his race and in retaliation for other bias incidents. Both occurred
within a context of racial unrest fueled by perceptions of discrimination. And
both demonstrate the devastation that can occur if the public perceives that
acts of discrimination or hatred are not met with an appropriate response
from law enforcement and the justice system.
II. Presentation: Organized Hate Groups (15 minutes)
Use Transparency C3, "Organized Hate Groups."
Organized Hate Groups
Group Characteristics
o Range from loosely structured local groups to highly structured international
groups
o Leaders of the groups tend to project a mainstream image rather than a
fringe, extremist image
o The significant organized hate groups are technologically sophisticated
o Skinheads, although generally not official members of organized hate
groups, often support or are loosely affiliated with these groups, taking
inspiration and direction from them
o Focus on issues of concern to middle America as a method for cloaking
and marketing their hate philosophy (i.e., "government interference,"
"cheating," etc.)
o Believe in the inevitability of a global war between the races
o Examples of organized hate groups include White Aryan Resistance, the Ku
Klux Klan, and neo-Nazis
History of Organized Hate Groups
o Organized hate groups are not a new phenomenon.
o Hate groups characteristically grow in numbers and membership during:
---periods of increased immigration, such as the 1920s
---periods when disenfranchised groups have attempted to increase their
political and economic power, such as Reconstruction and the Civil Rights
Movement
---periods of economic instability, when people seek scapegoats to blame for
unemployment, such as the 1930s and the late 1980s
o At times, organized hate groups have been powerful forces in American
political life. Many have sought dominance through violence and intimidation.
Others have achieved significant political victories in electoral politics.
o Organized hate groups have a tendency to become fragmented, breaking up
because of internal dissension. Groups often take names similar to those used
by other hate groups, which should not imply an actual connection; for
example, there are many small groups that use the term "skins" in their name.
Structure of Contemporary Hate Groups
o It has been estimated that there are currently no fewer than 20,000 and
possibly no more than 50,000, members of white supremacist groups in the
United States. These groups fall into a number of often overlapping
categories, including Ku Klux Klan groups, neo-Nazi groups, Christian
Identity groups, and "skinhead" gangs.
Hate Group Ideology
o Explicitly racist; considers people of color to be subhuman. Homophobia
has recently been added to their agenda.
o Often blame the federal government, an international Jewish conspiracy,
and/or communism for most of this country's problems.
o Some groups include apocalyptic Christianity in their ideology and believe
we are in, or approaching, a period of violence and social turmoil that will
precede the Second Coming of Christ.
Strategy
o The major organized hate groups often take a more sophisticated approach
to spreading their message, using such venues as cable TV, the World Wide
Web, and computer bulletin boards.
o Some are consciously attempting to display a more mainstream image and
run for office (often under the banner of a major political party). However,
there is always the potential for violence. For example, during the 1980s, a
small number of white supremacists formed a paramilitary organization called
The Order, which was implicated in a number of bombings and murders,
including that of Alan Berg, a Jewish radio talk show host.
o Many of the militant white supremacist groups have relocated to congregate
in certain geographical areas, such as the Pacific Northwest, where members
have engaged in a number of armed confrontations with federal authorities.
Skinheads
o Skinhead groups are small, loosely organized gangs of adolescents and
young adults. Most skinheads are male, although young women are involved
in both skinhead activity and hate violence.
o Skinhead violence is typically perpetrated by small groups of skinheads
who attack persons of color or other targets, using fists, boots, bats, and
knives. Some of these attacks are fatal. Most are unplanned; however some
skinheads have been implicated in organized violence involving bombs and
firearms and carefully selected targets, such as gay bars, temples, or the
offices of civil rights organizations.
o The stereotypical skinhead has a shaved head and wears Doc Marten
shoes or workboots, suspenders, and jeans. However, so do many other
young people who are not involved in hate group activity. Conversely, many
racist "skinheads" do not shave their heads.
III. Activity: Analysis of Three Video Segments(45 minutes)
Tell participants that they are about to watch several videos and that their
challenge is to categorize the offender based on the typology. Instruct
participants to take notes as they watch the videos so that they will be
prepared to share both their categorization of the offender and the reasoning
behind their choices. Distribute Handout C5, "Offender Typology Video
Observation Form."
Videos recommended for this activity are listed below. Instructors are
advised to order the videos 4 to 6 weeks in advance of the training. Be sure
to screen the videos and select those segments that best fit the course and the
time available.
o "That Old Gang of Mine" (interview with Eric, former skinhead); The
Bureau for At-Risk Youth; 135 Dupont Street; P.O. Box 760; Plainview,
NY 11803; Phone: (800) 999-6884, ext. 262. Price: $125
o "Licensed to Kill," Arthur Dong; Deepfocus Productions, Inc.; P.O. Box
39548; Los Angeles, CA 90039-0548; Phone: (323) 662-6575; FAX:
323/662-6577; E-mail: AdongLA@aol.com;
http://www.filmmag.com/community/adong/
77-minute full length theatrical version: $295
53-minute special edited version: $245
A comprehensive study guide accompanies the video.
o "On Hate Street," 48 Hours, CBS; February 26, 1992
CBS Network Television: (800) 934-NEWS
Show the three video segments. Ask participants to note their observations
on the form.
Facilitate a discussion at the conclusion of each video segment, using the
following questions to focus the discussion:
o Can you identify the typology of the offender(s) in the videos?
o What might cause the offender to move into another type of offender
category?
o Have you had any experience with any of the offender types portrayed in
the videos?
Transparency C1
IMPORTANCE OF UNDERSTANDING OFFENDER TYPOLOGY
Knowing offender typology helps law enforcement:
o identify suspects
o locate offenders
o gain insight into the victim's perception of his or her vulnerability
o gain insight into the offender's motivation
o determine the probability of escalation
o anticipate community response
Handout C1
Thrill-Seeking Offenders
Offender Characteristics
o Usually, groups of teenagers
o Not generally associated with an organized hate group
Precipitating Events
o Generally, none
Motivation
o To get a psychological or social thrill
o To be accepted by peers
o To gain "bragging" rights
Victim
o Almost any member of a vulnerable group
o Members of groups perceived as inferior by offenders
Location
o Generally outside of offender's "turf''
o Area(s) frequented by targeted group(s)
Additional Characteristics
o Most common type of hate crime; represents approximately 60 percent of
all cases
o Since attacks are random, it is often difficult to identify the offenders
o Attacks often involve desecration and vandalism, although they can also
involve more violent crimes
o Hatred of victim is relatively superficial; offenders may be deterred from
repeating the crime if there is a strong societal response condemning the
behavior
o Each group member's participation may be limited to a specific aspect of
the crime, enabling each offender to avoid acknowledgment of or
accountability for the seriousness of the crime
Handout C2
Case Studies of Typical Offenders
Thrill-Seeking Offenders
Two alienated white youths looking for excitement went on a spree of
destruction and defacement that resulted in attacks on 23 properties in three
different communities. They defaced walls, driveways, and automobiles with
slurs against Jews, African Americans, Greeks, and even skinheads. After
their arrest, the men claimed that they hadn't intended to hurt anyone--that it
only happened because they were drunk.
Reactive Offenders
In Jersey City, New Jersey, an East Indian chemist was severely beaten with
an iron bar in his own apartment by a racist who resented the presence of
"Hindus" in his neighborhood.
In Wheaton, Maryland, two young white men unable to find work stopped
their car and chased two African American women, who were walking from
their apartment to a pay phone. One woman ran toward a house and was
rescued by the occupant, who heard one of the assailants warn, "If you knock
on that door again, I'll kill you." The other woman tried to escape into the
woods, where she fell. The attackers beat her head and face, ripped off her
blouse, and doused her with lighter fluid. As they attempted to light the fluid,
police cars arrived at the scene. Both men escaped but were later
apprehended. They were charged with attempted murder, assault with intent
to murder, assault with intent to maim, kidnaping, and (under a 1988 bias
crime statute) attempting to injure a person for racial reasons.
Mission Offenders
Marc Lepine entered the engineering school at the University of Montreal
with the intent of "getting even" with women, especially feminist women,
whom he perceived as having ruined his life. He walked into a classroom,
directed the men to leave, and ordered the women to move to one side of the
room, saying, "I want the women. You're all a bunch of feminists. I hate
feminists." He opened fire and killed 14 women between the classroom, the
hallways, and the cafeteria, and then took his own life.
Handout C3
Reactive Offenders
Offender Characteristics
o Have a sense of entitlement regarding their rights, privileges, or way of life,
which does not extend to the victim
o Usually have no prior history of criminal behavior or overt bigotry; not
generally associated with an organized hate group, although may call on an
organized hate group to assist in mitigating the perceived threat
Precipitating Events
o Offenders perceive a threat to their way of life, community, place of work,
or privilege
Motivation
o To protect or defend against the perceived threat constituted by the
presence of "outsiders"
o To use fear and intimidation to send a message that will repel the "outsiders"
Victim(s)
o Particular individual or group of individuals who are perceived to constitute
the threat
o Most often, people of color
Location
o Typically, in offender's own neighborhood, school, or place of work
Additional Characteristics
o If the threat is perceived to subside, criminal behavior also subsides
o Offenders feel little if any guilt because they perceive their behavior as a
justifiable response to their feelings of violation at the mere presence of the
victim
Handout C4
Mission Offenders
Offender Characteristics
o Often psychotic, suffering from mental illness that may cause hallucinations,
impaired ability to reason, and withdrawal from other people
o Perceive victim groups as evil, subhuman, and/or animal
Precipitating Events:
o None
Motivation
o Believes they have been instructed by a higher order (God, the Fuhrer, the
Imperial Wizard, etc.) to rid the world of this evil
o Believe they must get even for the misfortunes they have suffered and
perceive a conspiracy of some kind being perpetrated by the targeted groups
o Have a sense of urgency about the mission; believe they must act before it is
too late
Victim
o Any or all members of the category of people they perceive as responsible
for their frustrations
Location
o Areas where members of the targeted group are likely to be found
Additional Characteristics
o The rarest kind of bias crime
o Crimes are of a violent nature; the mission often ends in the offender's suicide
Transparency C2
Retaliatory Hate Crime
o Motivated by revenge for another incident or crime, especially incidents
perceived to be rooted in prejudice
o May involve large-group activity or rioting
o Demonstrate what can happen if hate crimes do not receive an appropriate
response from law enforcement, the justice system, and the community
Transparency C3
ORGANIZED HATE GROUPS
Group Characteristics
o Range from loosely structured local groups to highly structured international
groups
o Leaders tend to project a mainstream image
o Technologically sophisticated
o Skinheads loosely affiliated with these groups, although usually are not
official members
o Focus on issues of concern to middle America as a cover for their aims
o Believe in the inevitability of a global war between the races
o Examples include White Aryan Resistance, the Ku Klux Klan, and
neo-Nazis
History of Organized Hate Groups
o Not a new phenomenon; hate groups grow in response to:
--periods of increased immigration
--attempts by disenfranchised groups to increase political and economic
power
--periods of economic instability
o Powerful forces in American political life
o Tend to break up because of internal dissension; groups often take names
similar to other hate groups
Structure of Contemporary Hate Groups
o Estimated at no fewer than 20,000 and possibly no more than 50,000
members of white supremacist groups in the United States
Hate Group Ideology
o Explicitly racist, considering people of color to be subhuman; homophobia
recently added to their agenda
o Often blame the government, communism, and/or ethnic and racial
"conspiracies" for most of this country's problems
o Some include apocalyptic Christianity in their ideology
Strategy
o Often use technological venues, such as cable TV, the World Wide Web,
and computer bulletin boards
o Some attempt to display a more mainstream political image and might run
for office, but the potential for violence is always present
o Congregate in large numbers in certain geographical areas (e.g., Pacific
Northwest)
Skinheads
o Groups are small, loosely organized gangs of mostly male adolescents and
young adults
o Most attacks are unplanned; however, skinheads have been implicated in
organized violence
Handout C5
Offender Typology Video Observation Form
Title--Description--Typology--Indicators
Video #1
Video #2
Video #3
The table for the Offender Typology Video Observation Form is not included in
this ASCII plain-text file. To view this document in its entirety, download the
Adobe Acrobat graphic file available from this Web site or order a print copy
from Office for Victims of Crime Resource Center at 800-627-6872.
References
1 Levin, J. and McDevitt, J. (1993). Hate crime: The rising tide of bigotry and
bloodshed. New York: Plenum Publishers.
2 McDevitt, J. (1998). National Center for Hate Crime Prevention Advisory
Council Meeting.
----------------------------
Session D
Bias Crime and the Law
Overview of the Session: At a Glance
Presentation: Introduction to Federal and State Laws--30 minutes
Activity: Criminal Law Case Application and Discussion--30 minutes
Optional Activity: Drafting Civil Rights Injunctions--20 minutes
Presentation: Emerging Legal Issues--10 minutes
TOTAL TIME--90 minutes
Objectives
By the end of this session, participants will be able to:
o Explain why law enforcement and victim assistance professionals need to
know the laws relating to bias crime
o Understand the relevant federal laws
o Understand the range of bias-related state statutes
o Understand their state's bias crime laws
o Analyze cases to determine if they may be prosecuted as bias crimes and, if
so, under which statutes
o Describe emerging bias crime-related legislative trends
Materials and Equipment
Time: 90 minutes
Handouts: Appendix B: State Bias Crime Statutory Provisions; Appendix C:
Bias Crime Statutes and Related Provisions Nationwide; Federal Criminal
Statutes; Federal Civil Statutes; Reconciling Bias Crime and the First
Amendment
Transparencies: Importance of Bias Crime Laws; Categories of State Bias
Crime Laws; Your State's Criminal, Civil, and Data Reporting Statutes;
Federal Criminal Statutes; Federal Civil Statutes; Federal Hate Crime
Statistics Act; Criminal Case Illustrations; Civil Injunction: Case Illustration;
Characteristics of Gender-Based Crimes; Gender as Hate Crime: The Law;
Legal Criteria for Determining Gender-Based Hate Crimes
Equipment: Overhead projector; screen
 Note to Instructor
A local, state, or federal prosecutor or other attorney familiar with criminal civil
rights law should teach this session. It is also critical to research and identify any
relevant changes in federal and state law that may have occurred since this
curriculum was drafted, and amend the lesson as necessary.
Instructor's Notes
I. Presentation: Introduction to Federal and State Laws (30 minutes)
Explain the following:
o Law enforcement professionals need to be knowledgeable about the law to
make arrests, conduct investigations, establish intent, assist prosecutors, and
assist and refer victims.
o Victim service providers need to be equally knowledgeable about the law
to inform victims of their legal options, assist and advocate for them in the
court system, and support police investigations and prosecution.
o It is critical for departments and agencies to establish mechanisms for
staying current on case law and national and state legislative trends.
o There are federal and state laws that provide criminal and civil causes of
action to protect victims of bias crime.
o Even if a bias crime case cannot be criminally prosecuted, there may be
remedies under civil law. Provision for damages and injunctive relief may be
granted to victims in successfully prosecuted civil cases. Civil remedies can be
pursued even if there is a successful criminal prosecution.
Note to Instructor
The following transparency stresses that hate crime laws play multiple roles in
the criminal justice system. This is a good opportunity to stress to participants
that hate crime laws protect all citizens, not just those in certain "groups."
Jurisdictional Issues
Explain the following jurisdictional issues related to federal, state, and local
hate crimes:
o Generally, federal criminal statutes are intended to supplement state criminal
laws. The prosecutor with jurisdiction over the crime is either the United
States attorney for violations of federal law or the state or local prosecutor
(state attorney general, district attorney, state's attorney, or city attorney) for
violations of state law.
o In some states, the state attorney general may have jurisdiction in criminal
as well as civil cases. The U.S. Department of Justice may also have
jurisdiction over some civil cases.
Explain to participants that bias crime laws serve multiple societal purposes,
and review the points in Transparency D1, "Importance of Bias Crime Laws."
Importance of Bias Crime Laws
o Provide a means for enforcement
o Aid in deterrence
o Send zero tolerance message to perpetrators and community
o Protect vulnerable groups/individuals from harm
o Send message to victims that these crimes will be dealt with aggressively
o Set societal norms
o Express the collective belief that our country is stronger when we protect
all citizens
o Maintain social order[1]
Ask participants if they can identify other reasons for bias crime legislation.
Overview of State Laws
Explain the following:
o Nearly all states have enacted legislation targeted specifically at criminal
acts of bias.
o The largest number of criminal prosecutions occur as a result of violations
of state law, rather than federal.
o Many states also provide a separate civil cause of action remedy that
often includes injunctive relief, compensatory and punitive damages,
attorney's fees, and/or enhanced penalties.
o The majority of the laws protect against racial, religious, ethnic, and
national origin bias.
o Some states, however, have expanded their bias crime laws to include
protection against bias related to sexual orientation, gender, disability, age,
and/or political affiliation.
Explain that, in addition to criminal penalty laws for bias-motivated crimes,
most states have additional laws that may apply to bias crime cases.
Review the different types of laws by using Transparency D2, "Categories
of State Bias Crime Laws."
Categories of State Bias Crime Laws
The majority of states have laws under one or more of the following
categories:[2]
Criminal Penalty Laws
o Criminalize certain acts committed due to prejudice
o Provide enhanced penalties
o Include several types of criminal statutes:
--Institutional vandalism: Prohibit vandalism and defacement of a variety of
locations and institutions, including houses of worship, cemeteries, schools,
public monuments, and community centers.
--Bias-motivated violence and intimidation: Make it illegal to intimidate,
harass, assault, or trespass on the property of an individual because of the
person's race, religion, national origin, and, in some states, gender, sexual
orientation, etc.
--Interference with religious worship: Prohibit acts that disrupt an ongoing
religious service; they also prohibit stealing a scroll, religious vestment, or
other object normally used in a religious service.
Cross-Burning Laws
o Prohibit cross burning or the burning of other symbols
Mask-Wearing Laws
o Ban the wearing of hoods, robes, masks, or other disguises in public,
except during holidays and parades
Paramilitary Training Laws
o Prohibit military-style training camps, such as those sometimes run by racist
organizations
Civil Cause of Action Laws
o Civil remedies may include injunctive relief, compensatory and punitive
damages, and attorney's fees (these forms of relief may have a significant
deterrent effect and should encourage victims to bring civil lawsuits)
Parental Liability Laws
o Make parents financially liable for their children's crimes
Data Collection Laws
o Require state and/or local police agencies to gather and sometimes
disseminate statistics on the incidence of bias crime
Police Training Laws
o Require law enforcement personnel to receive training in identifying,
reporting, and investigating bias-motivated crimes
Explain that there are different models of state criminal and civil statutes. For
instructors' and participants' reference, statutory information for each state is
provided in Appendices B and C in this curriculum. You may wish to
reproduce these pages and distribute them as handouts. They are useful for
understanding the differences in state statutes and comparing individual states
with national trends.
Note to Instructor
Insert your state's particular criminal, civil, and bias crime reporting statute(s)
here in the text of the curriculum. Create Transparency D3, "Your State's
Criminal, Civil, and Data Reporting Statutes," and use it in the session.
Review the actual language of your state's laws. Special legal issues to
address include the following:
o Identify and review each essential element of your state's criminal statutes
relevant to bias crime. Define each element in lay terms and discuss the
impact of case law on the application of each statute, which will make the
information relevant to law enforcement and victim assistance professionals.
o If possible, describe how courts have interpreted--or are likely to
interpret--your state statutes, their provisions, and the legal standards to be
applied.
Specific legal questions to address with participants may include the
following:
o Does bias need to be the sole, the predominant, or a motivating factor?
o What specific bias motivations are covered by your state's statutes (e.g.,
race, religion, ethnicity, national origin, sexual orientation, disability, gender,
etc.)?
o Does the statute apply to a case with mixed motives?
o Does the statute require proof of bias or prejudice, or do you only need to
show that the victim was targeted because of his or her status or affiliation?
(For example, with a "because of" statute, the perpetrator could be
prosecuted under hate crime law for selecting an Asian American for robbery
and attack because he believes that Asian Americans carry a lot of money
with them, or for targeting a gay victim because he believes such a victim
would be more vulnerable to attack.)
o What is necessary to provide force or threat of force under the statute?
o What amount of force is necessary to violate the statute?
o What is necessary to prove a joint venture or conspiracy under the statute?
o How are the penalties applied under the statute?
Overview of Federal Civil Rights Laws
Many criminal acts of bias can be prosecuted under federal criminal civil
rights statutes. The FBI has jurisdiction to investigate these criminal acts, and
investigations are frequently conducted in collaboration with state and local
law enforcement agencies.
Explain the limitations of the federal civil rights statutes:
o Currently, federal remedies only protect victims who are threatened or
attacked while they are exercising a federally protected right, such as riding
public transportation, eating in a restaurant, renting an apartment, or buying a
home.
o Most federal statutes apply only to acts motivated by racial or religious
prejudice. This excludes a number of bias crime categories from prosecution
and civil relief.
o Legislation pending in Congress would expand federal jurisdiction over hate
crime cases. (See below for more information on pending legislation.)
Overview of Federal Criminal Statutes
Distribute Handout D1, "Federal Criminal Statutes" and use Transparency
D4 to review the main concepts.
Federal Criminal Statutes
Congress has enacted laws that provide both criminal and civil remedies to
victims of bias-motivated crime. Four principal federal criminal statutes
concern race-, skin color-, religion-, and national origin-related violence by
private individuals:
18 USC Section 241: Conspiracy Against Rights of Citizens
o Broadly prohibits conspiracies to injure any person who is exercising rights
protected by the Constitution or laws of the United States.
o Has been applied to a variety of federal rights, including the right to hold
property, the right to enjoy public accommodations, and the right to occupy
a home free from racially motivated violence.
18 USC Section 245: Forcible Interference with Civil Rights/Federally
Protected Activities
o Enacted in 1968 in response to violent attacks on civil rights workers in the
South.
o Prohibits intentional interference, by force or threat of force, with certain
specified constitutional rights, where the interference is motivated by race,
color, religion, or national origin. Activities protected under this law include
the following:
--Enrollment in a public school or college
--Participation in programs administered or financed by any state
--Federal and state employment and jury service
--Interstate travel by common carrier
--Use of restaurants, lodging, gas stations, public entertainment facilities, and
other establishments serving the public
18 USC Section 247: Damage to Religious Property/Obstruction of
Religious Activity (Church Arson Prevention Act)
o Prohibits damaging or destroying religious property because of its religious
nature.
o Prohibits intentionally defacing, damaging, or destroying religious property
because of the race, color, or ethnic characteristics of any individual
associated with that property.
o Prohibits interference with religious exercise, without regard to race, if a
connection with interstate commerce can be shown.
42 USC Section 3631: Willful Interference with Civil Rights Under the
Fair Housing Act
o Prohibits forcible interference with any person in selling, purchasing,
renting, financing, occupying, or contracting for any dwelling due to that
person's race, color, religion, gender, national origin, disability or family
status.
A fifth federal criminal statute governs civil rights violations under "color of
law":
18 USC Section 242: Deprivation of Rights Under Color of Law
o Prohibits willful deprivation of constitutional and federal statutory rights, but
only those deprived by reason of race, color, or ethnicity.
o Most frequently used to prosecute violent misconduct by law enforcement
officials, but can be used against other officials or anyone purporting to be an
official while committing such acts as sexual assault or deprivation of due
process.
The federal government also has authority to enhance penalties for federal
crimes motivated by bias:
Hate Crimes Sentencing Enhancement Act (Section 280003 of Public
Law103-322)
o Enacted into law as part of the Violent Crime Control and Law
Enforcement Act of 1994.
o If a perpetrator commits any federal crime and chooses the victim on the
basis of race, religion, national origin, ethnicity, gender, disability, or sexual
orientation, this evidence can be used to impose enhanced penalties.
o This is the first federal hate crime legislation to include gender, disability,
and sexual orientation as protected categories.
o Jurisdiction, however, is limited to federal crimes.
Overview of Federal Civil Statutes
Use Transparency D5 and distribute Handout D2, "Federal Civil Statutes."
Federal Civil Statutes
Several federal statutes provide civil redress for victims of bias-motivated
violence by private individuals:
42 USC Sections 1981 and 1982: Civil Actions Under the Civil Rights Act
of 1866
Both sections of this statute originated in Section 1 of the Civil Rights Act of
1866, enacted by Congress shortly after ratification of the Thirteenth
Amendment, which prohibited slavery.
o Section 1981 states that "all persons within the jurisdiction of the United
States shall have the same right in every State and Territory to make and
enforce contracts, to sue, be parties, give evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons and property
as is enjoyed by white citizens, and shall be subject to punishment, pains,
penalties, taxes, licenses, and exactions of every kind, and to no other."
o Section 1982 ensures equal rights for citizens in terms of personal
property. Damage awards under both sections often include compensatory
damages for emotional distress or humiliation. Injunctive relief is also
available under Section 1981.
42 USC Section 1985 (3): Conspiracy to Deprive Any Person or Class of
Persons of Equal Protection of the Laws
o Enacted by Congress as part of the Ku Klux Klan Act to provide redress
for victims of Klan offenses during Reconstruction.
o Imposes civil liability on anyone who conspires to deprive another individual
or class of people of "the equal protection of the laws or of equal privileges
and immunities under the laws." Compensatory and punitive damages can be
awarded under this section.
42 USC Section 3617: Interference, Coercion, or Intimidation in Violation
of the Fair Housing Act
o Created a statutory civil cause of action for anyone coerced, threatened,
intimidated, or interfered with for exercising rights granted under Sections
3603, 3604, 3605, or 3606 of the Fair Housing Act. Restricts punitive
damages to $1,000.
42 USC Section 13981: Violence Against Women Act of 1994
o Establishes a federal civil rights cause of action for victims of crimes of
violence motivated by gender.
o Makes the offender liable for compensatory damages to the victim and
authorizes injunctive and declaratory relief to protect the victim.
Use Transparency D6, "Federal Hate Crime Statistics Act."
Federal Hate Crime Statistics Act
28 USC Section 534: Federal Hate Crime Statistics Act
o Signed into law in April 1990; amended in 1994 and 1996.
o Requires the U.S. Attorney General to collect data and publish an annual
summary on crimes that manifest prejudice based on race, religion, sexual
orientation, ethnicity, or disability.
o The Attorney General has delegated responsibilities under the Act to the
director of the FBI. The FBI's Uniform Crime Reports Section develops
the procedures for and manages the implementation of the collection of hate
crime data.
o This statute helps identify the geographical location and the nature and
types of bias crime occurring in the United States.
o The effectiveness of the law depends on its implementation by and
support from state and local law enforcement officials. Your department or
law enforcement agency should report all bias crimes to the appropriate
state and federal reporting agencies, using the standardized reporting form.
Note to Instructor
The issue of free speech and its relevance to hate crime law is widely debated
in both public and legal forums. Depending on your audience and the time
available, you may wish to review this information on freedom of speech issues
and their relevance to bias crimes. Cases 1-3 present issues that are applicable
to a discussion of free speech protections. This section is also provided as
Handout D3, "Reconciling Bias Crime and the First Amendment."
Reconciling Bias Crime and the First Amendment[3]
The First Amendment to the United States Constitution states:
Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or
of the press, or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.
Note that the Fourteenth Amendment makes the First Amendment
applicable to the states as well.
1. Free speech goals of the First Amendment:
o Citizens may express their political beliefs and opposition to government
without government reprisal.
o Society and government are better off when free exchange of political
ideas and views is encouraged rather than chilled.
o The government may not choose which political beliefs it finds acceptable
or unacceptable.
2.What constitutes speech? It may be written, oral, public, or private. It may
be used for political or commercial purposes.
3. The First Amendment protects speech, not conduct. Forms of speech
include the following:
o Symbolic speech to convey a message, e.g., picketing, boycotts, T-shirts
with political statements, arm bands, and flag burning (all deemed protected
speech)
o Anti-government (political) speech; anti-censorship protection for
unpopular political speech
o Freedom not to speak, pray, or salute the flag
o Offensive speech of many types
o Speech that reflects bias or prejudice; racist, anti-religious, or sexist
speech is generally protected, even if it includes use of slurs or epithets
(unless incidental to conduct or used when communicating ideas in a
threatening, intimidating, or coercive manner)
4. Exceptions to First Amendment protections for speech include the
following:
o Threats of force, i.e., language placing a person in reasonable fear of
physical injury
o Slander or libel
o Pornography/obscenity
o Fighting words, where speech is directed at a particular person or group
of persons and is said in a manner that causes a hostile, physical reaction
that tends to incite an immediate breach of the peace
o "Captive audience speech," i.e., it is constitutional, with appropriate
limitations consistent with court decisions, to limit, by statue or ordinance,
the picketing of private homes (Carey v Brown, 1980)
o Clear and present danger to public safety, e.g., falsely yelling "Fire!" in a
theater or inciting others to immediate violent action
o National security, i.e., speech that can constitute treason
o False and deceptive advertising
o Where speech is incidental to conduct, i.e., it is not the idea being
expressed that is being punished, but the intolerable mode of expressing the
idea the speaker wishes to convey (e.g., during a beating, the perpetrator
says, "I hate blacks.") (Wisconsin v. Mitchell, 1993)
o Solicitation crime, e.g., asking a person to murder one's spouse for
payment of $10,000.
o Words used that tend to prove discriminatory motive, i.e., words
expressing discriminatory motive are admissible to prove employment,
housing, public accommodation, credit, and other forms of discrimination;
words expressing a discriminatory animus may serve as evidence of the
prohibited conduct (for example, to prove reason for failure to promote) or
may constitute the prohibited conduct itself
o Racial, religious, or sexual harassment in schools and workplace, i.e.,
discriminatory language used to verbally harass another in a confined
environment, such as a school setting or place of employment, may be
admissible to prove unlawful harassment; for example, a sexual harassment
claim may be proven by evidence of unwelcome, offensive verbal comments
of a sexual nature that creates an intimidating or hostile school or work
environment
Note: Speech may fall into more than one category of exception.
On most occasions speech that reflects a person's prejudice cannot be
punished. But at times, mere words may cause a reasonable person to feel
threatened, intimidated, or coerced (e.g., "I'm going to kill you because I hate
Catholics."). In that case, a person is not punished for his or her beliefs or
offensive thoughts, but for language deemed the equivalent of conduct.
Application of judgment and experience is needed to determine whether
speech or writings constitute a criminal threat. Fact patterns are not always
clear, and reasonable discretion and reasoned judgment are crucial in
determining whether a bias crime, giving rise to civil or criminal liability, has
occurred. Prior to arresting or prosecuting a suspect for a bias crime for a
written or verbal statement, law enforcement officials and prosecutors need to
carefully examine the context in which the statement was made.
II. Activity: Criminal Law Case Application and Discussion (30 minutes)
(The cases in this session were reprinted with permission of Assistant
Attorney General Richard Cole, Massachusetts Attorney General's Office,
Civil Rights Division.)
Refer participants to Transparency D7, "Criminal Case Illustrations," and
read the first part of Case 1 aloud. Discuss this case and the following cases
with the entire group. There are six cases; if you run out of time, use only the
cases that best suit your audience.
Case 1 attempts to identify what constitutes offensive or "hate speech"
protected by the First Amendment, and what differentiates it from words that
may constitute a criminal violation (e.g., a threat of bodily harm directed at a
specific person or group of persons).
Case 1
On a Saturday morning, a man stands in a section of your town or city
Common; he uses anti-Semitic epithets and makes offensive remarks (e.g.,
"All Jews should die," "It's a shame Hitler wasn't successful in exterminating
the Jews").
o Does this constitute a violation of any state criminal law? (No)
o Do these remarks constitute a threat of harm? Do they place those present
in reasonable fear of physical injury or damage? (No, probably not)
o Were these remarks directed at any individual? (No)
o Does that make a difference in analyzing whether these remarks constitute a
violation of criminal law? (Yes)
o Is this protected speech under the First Amendment to the U.S.
Constitution or under your state constitution? (Yes)
This man also hands out hate literature.
o Would this in any way change your analysis of whether this constitutes a
crime? (No)
o Is this protected speech under the federal and state constitutions? (Yes)
This man also self-identifies as a member of a neo-Nazi group.
o Does that change your analysis of this problem? (No)
Assume that this same man sets up a kiosk on the side of a Jewish religious
parade; hundreds of Jews walk past the kiosk as the epithets are made.
o Would that in any way change whether he violated criminal law? (No)
o Would it change how you would handle the matter if you were at the scene
at that time? (You may consider altering the parade route to separate parade
participants and the man making the remarks, or provide police barriers to
create greater distance between the participants and this man.)
Case #2 and Case #3 illustrate that a change of a single fact--in this case, the
size differential between the perpetrator and victim--may affect whether
language constitutes a criminal offense (threat).
Case 2
An 11-year-old black girl sees a 6'5" 250-pound white male in full uniform
exercising on the high school football field in the heart of a black
neighborhood in your town or city. She walks up to him, stands inches
away, and says in a loud voice, "This field is in a black neighborhood, white
boy. Stay out of my neighborhood."
o Are there bias indicators present? (Yes) What are they? (Different races,
use of epithets, statement based on racial differences, incident occurred in
predominately black neighborhood)
o Can the girl be charged under any state criminal (hate crime) law? (No)
Why not? (Legally, the incident does not constitute a threat or intimidation)
o Does the incident constitute a threat? (No; based on these facts, the
250-pound white man would not reasonably believe that he was at risk of
physical injury in this circumstance)
o What other evidence would you need for the incident to constitute a
threat? (Other evidence that may have led the white man to be reasonably
placed in fear by the small girl, e.g., whether or not she was holding a
weapon at the time, whether others appeared to be participating with her in
a joint venture, etc.)
o Does this constitute a bias incident? (Yes)
Note to Instructor
The answers to some of the questions in Cases 3, 4, and 5 depend upon the
details of your state's relevant statutes. Review the questions in advance and be
prepared with the correct answers.
Case 3
A 6'5" white man sees an 11-year-old black girl walking on the football field
at a high school in the heart of an all-white neighborhood. He walks up to
her and, standing inches away, leans down and says in a powerful voice,
"This is a white neighborhood, blackey. Get out of my neighborhood."
o Does this constitute a threat, creating reasonable fear of physical injury or
damage? (Yes)
o What specific factors led you to conclude that the language constitutes a
threat? (Words directed at a specific person; size, strength, age, and gender
differences; close physical proximity; tone of voice)
o Are all the necessary elements met to charge under your state's criminal
civil rights statute? (Review facts of each element for each relevant statute)
Case 4 illustrates that many cases have mixed motives. Even when hate
language is used, bias motivation may not be the catalyst or cause for the
incident. Hate language at times can be incidental to--and result from--anger,
rather than bias or prejudice against the victim's group.
Case 4
A white and an Asian American family are neighbors. Both have lived in
their adjoining houses for three years without any problems. One Saturday,
the father of the Asian American family cuts down an oak tree located on
the property of the white neighbor's house, mistakenly believing it is on his
side of the property line. The father of the white family observes this, runs
out, yells racial epithets, and punches the Asian American man in the face.
o Are there bias indicators present? (Yes) What are they? (Different races,
use of racial epithets)
o What do you believe was the motivating factor for this incident? (Cutting
down the tree) Were there more than one? (Possibly underlying bias against
Asian Americans)
o Does this conduct constitute a violation of any state or federal criminal
law? (Yes) Which ones? (Review relevant state statute[s])
o How do you determine if a bias motive is involved? (Investigator needs to
determine the perpetrator's attitude toward neighbors and the nature of the
relationship prior to this dispute. For example, were they social friends, or
did they exchange few words over the years? Did the perpetrator ever
express unhappiness over having Asian American neighbors?)
o Assuming that you conclude there are mixed motives that led to the
incident or contributed to its seriousness (e.g., the tree cutting and anti-Asian
bias), does that make a difference as to whether one can prosecute under
your state's hate crime statute?
--Does bias motivation need to be the sole or primary motivation for
conduct, or can it be one of the motivating factors in order to prosecute
under your state's statute?
--Could a person be prosecuted under your state's statute if you conclude
that the incident became more violent because of bias, even though the
catalyst for the initial dispute was based on race-neutral factors?
--Would you still list it as a bias crime under the Hate Crime Statistics Act?
Same scenario as above, except that the Asian American family just moved
into the house the week before and has had no contact with the neighbors.
o Are there bias indicators present? (Yes) What are they? (Different races,
use of racial epithets, recently moved into neighborhood)
o What do you believe was the motivating factor for this incident? (Racial
differences and tree cutting) Were there more than one? (Yes, but racial
difference was probably the predominant motive)
o Would it change your conclusion if the perpetrator was friendly with
another Asian American family residing on the street or in the neighborhood?
(This may indicate anti-Asian bias was not involved, or was not the primary
motive)
o Does this conduct constitute a violation of any criminal laws? Which ones?
o Does the fact that the Asian family just moved into the house in any way
change your analysis of the perpetrator's motivation? (Yes, more likely racial
bias was a factor)
Case 5 attempts to identify the investigative steps needed to properly assess
whether a civil rights violation or hate crime occurred versus a situation in
which the couple was randomly selected. The case requires discussion of
statutory elements to determine if they are applicable when no direct physical
confrontation or violence is involved. It is also important to have participants
identify not only the relevant criminal civil rights statutes but also the general
criminal laws that govern this situation.
Case 5
An interracial couple lives in a deserted area or on a dead-end street in your
town or city. On two occasions, in the dark of night, three high school
youths throw numerous eggs at their house. The family is home, but the
youths run away before the family members are able to go outside to
confront the perpetrators. Also assume that this couple has spoken out
publicly about bias and prejudice in the town, and, in fact, has published an
article in the local newspaper about what they believe is rampant racism in
the town.
o What information would you want to know before determining whether
this was a hate crime? (e.g., did any of the youths knew who lived in the
home? Were other houses also egged? Egged twice?)
o Was this house selected randomly? What facts would lead you to
conclude that it was not a random attack? (The couple lived in a deserted
area; they had been targeted on two separate occasions.)
o Does the time of year this occurred matter (e.g., Halloween versus another
period during the year)? (Possibly)
o Assuming these youths are later identified, with whom would you want to
communicate to determine if any of the youths has engaged in similar
conduct? (School officials, neighbors)
o What else would you want to learn about these youths? (Their attitudes
toward interracial couples and whether they have made openly biased
statements)
o How does one go about determining the potential motivation of these
youths (i.e., was it that the victims were an interracial couple, or because of
their outspoken views, or for some other reason)? (Find out if any of the
youths had made statements to friends, family, or school personnel
indicating a biased attitude or motive either before or after the incident.
Law enforcement should attempt to elicit expressions of bias during
interrogation of the suspects.)
o For purposes of the investigation, would it matter what the emotional
reaction of the family was to these egging attacks? (Yes) Why? (The
victims' experience of the incident as threatening or intimidating may be a
necessary element of the crime. It may also determine the nature of the law
enforcement response to the victims.)
o Since there was no direct physical confrontation or violence against a
person, would this case still constitute a violation of a criminal civil rights
law (e.g., a law that prohibits intentionally damaging property to intimidate a
person because of his or her race for associating with a person of another
race, or for advocating certain views)? (Review statutes to answer this and
the following questions.)
o Would this conduct constitute intimidation or coercion? Would that make
a difference in terms of the applicability of the criminal civil rights statute?
o Under your state's statute, does it matter if the perpetrators believed the
couple was an interracial couple and this turned out not to be true?
Assume that you are able to develop evidence that the youths engaged in
this conduct to intimidate the couple from speaking out in the future about
racial bias and prejudice in your area.
o Do any civil rights or other criminal statutes apply in that situation?
o For purposes of charging the youths, would it matter to you that these
youths were honor students rather than known troublemakers?
--Are less serious charges appropriate based on the background of the
perpetrators? Could this lead to the wrong message being received by the
community? (Yes, an effort needs to be made to detail reasons to the
public.)
--What are the risks if the community then perceived that the police did not
take the incident seriously? (e.g., it creates the risk of vigilante-type
retaliation if members of the community believe the police response was
inadequate; engenders distrust of police by the targeted community)
Case 6 should elicit discussion as to the applicable criminal civil rights
statutes when buildings used for religious purposes are defaced. It also
raises the problem regarding the occasional tension between victims'
desires to remove hate symbols and hate graffiti as soon as possible versus
the investigative need of the police to preserve the evidence.
Note to Instructor
Explain to participants that, at times, criminal justice professionals are placed in
the very difficult position of being asked to comment on a situation in which the
wrong response may polarize a community or escalate a situation. If a comment
must be made, it is best to simply state that the incident is viewed very
seriously, but that any statement about motive would be premature until a
thorough investigation is completed.
Case 6
On Easter Sunday, two youths write anti-Catholic graffiti on a church,
which includes threats against the parishioners such as, "You will all die."
o What criminal (civil rights) statutes may be applicable in this situation?
(Review state statutes to answer this and the following questions.)
o In reviewing the elements of those criminal statutes, do you have enough
information at this point to charge the youths (assuming you identify the
perpetrators)?
o What other facts do you need to learn in order to be able to charge under
those statutes?
o What steps would you take to preserve evidence in this case?
(Photograph graffiti and analyze the type of paint or marker used by the
perpetrators)
o How do you deal with the priest's request that the graffiti be painted over
immediately--before you are able to photograph the evidence? (Recognize
the desire to eliminate these visible expressions of hatred on a house of
worship, but indicate that if the graffiti is removed prematurely, the police
may never be able to identify or prosecute the perpetrators. Assure the
priest that the police will make every effort to complete this portion of the
investigation immediately.)
Assume that the reporter from the local newspaper sees you on the scene
seconds after you arrive and asks you whether this constitutes a hate crime.
How do you respond?
Note to Instructor
If your state is among the majority of states that have no injunctive relief
remedies, then devote this time to a discussion of any cases in the previous
section that were not covered. If your state civil rights law allows for an
injunctive relief remedy, create a transparency outlining the relevant state
statute(s) and discuss it with participants.
III. Optional Activity: Drafting Civil Rights Injunctions (20 minutes)
Review with the participants the information below.
Advantages of Civil Rights Injunctions
o The availability of a lower standard of proof--preponderance of evidence
o The speed with which a temporary restraining order can be obtained
o The inadequacy of criminal law to deal with some types of violations
o The unlimited duration of a permanent injunction as compared to the
specific and, at times, quite brief, period in which controls are placed on the
perpetrator as conditions of probation or through a "stay-away" order
pending trial
o The deterrent effect of a criminal sanction for violations of restraining
orders or injunctions
Civil injunctions can be granted by the court to keep the accused away
from the victims. Allegations do not have to be proven beyond a
reasonable doubt, the standard for proving a criminal offense. Instead, the
prosecution need only convince the judge that the allegations are probably
true (preponderance of evidence is the standard in civil cases).
Scope of Civil Rights Injunctions
o The scope of the injunction is often a key issue in injunction hearings
before the court:
--The court will want to provide protection to the victim without
unreasonably restricting activity of the defendant.
--This represents a case-by-case balancing.
o An injunction can do the following:
--Protect the actual victim and other individuals from similar interference
with secured rights
--Protect witnesses/family members
--Restrain perpetrators from going near the victim, her or his residence,
neighborhood, place of employment, school, etc. (100 feet is the usual
distance proposed, but up to 500 feet has been requested and granted in
appropriate circumstances)
--Restrain individual from being in "own backyard," if it is reasonable and
necessary
--Prohibit communication with victim and witnesses, except through law
enforcement or prosecutor's office
--Prohibit filing of frivolous civil or criminal complaints against the victim
--Require notification of Attorney General's office before the filing of any
court action against the victim
o An injunction prohibits otherwise lawful conduct, for example:
--Being present on certain streets or neighborhoods
--Communicating with the victim or his or her family
o In some states, an injunction increases the exposure to higher criminal
penalties for the same conduct
o In some states, civil rights injunctions are applicable to juveniles
Factors to Consider in Determining Whether to Pursue Injunctive Relief
o Seriousness of incident (does not need to be a criminal violation)
o Language used during incident; words alone are usually not enough to
constitute a violation of law
--First Amendment-protected language versus actual threats, or words that
intimidate or coerce a person
o Threats, intimidation, coercion, or harassment involved (violence or actual
threat of violence not necessary)
o Prior conduct against victim (pattern of conduct)
o Likelihood of future contact between parties
o Relationship of the perpetrator and victim, if any, before the incident
o Whether the offender targeted or selected the victim because of his or her
race, religion, ethnic background, gender, sexual orientation, or disability
status
o Whether the primary motivation for the action(s) was based on bias
o Whether the offender has a history of prior bias-motivated incidents
against other victims (pattern of bias-motivated conduct)
o Criminal record of the perpetrator
o Likely impact of an injunction on future conduct
o Whether the perpetrator is a member of a hate group and has interfered
with victim's rights in any way connected to involvement with that group
o Whether a criminal prosecution is occurring for the same offense; issues
to consider include the following:
--Likelihood of incarceration (injunction would probably be denied if
offender is incarcerated, unless it is proven that a serious threat of violence
will continue once the offender is released and incarceration is not for a
lengthy period, or unless demonstrated threat would continue while in
prison but this carries a very difficult burden of proof)
--Length of potential incarceration (injunction outlives length of probation)
--Date of trial (soon or in months)
--Whether the stay-away order, as a condition of bail, will be a sufficient
deterrent and protect the victim and witnesses
--Potential negative impact of injunctive action on criminal prosecution
--Whether the potential offender may act in the future to threaten or
intimidate others (who were not the victims of this incident) based on their
status
--Likelihood of success (general success rate has important deterrent effect
against potential perpetrators)
Drafting Civil Rights Injunctions
Use Transparency D8, "Civil Injunction: Case Illustration."
Civil Injunction: Case Illustration
Case 7
The Torreses, a Hispanic family, move onto a street in a predominately
white area of your city or town. Their home is next to a large baseball field
and playground. Shortly after they move in, they begin experiencing
harassment. On one occasion, their car is tipped over; on another, their
car is vandalized.
o Are bias indicators present? (Yes) What are they? (Hispanics living in
predominately white area, Hispanic family recently moved in, car tipped
over--unusual occurrence [important factor])
o What steps do you take to determine the identity of the perpetrators of
these two separate incidents? (Canvas the neighborhood, identify and
interview individuals who use the field, perhaps set up video camera to
monitor the house for further incidents)
o What violations of criminal (civil rights) statutes may the conduct involve?
(42 USC Section 3631, forcible interference with occupying a dwelling)
o What other facts do you need to learn in order to charge perpetrators
under any of these statutes? (Prior incidents against)
This harassment culminated in an incident that occurred two weeks ago. On
that day, the Torreses drove down their street, followed by a Hispanic
family who lived nearby. As they drove, they were accosted by a group of
15-20 white males and females. One of the white males, John C., yelled a
racial comment at the Torreses. John C. then stood in front of the Torres'
car, blocking its forward movement, and began to strike their car with a tire
iron. The Torreses drove past him down the street and went to a barbecue
at their friends' home.
o What potential civil rights were denied by the actions of the youths? (The
right to travel; the right to access to public accommodation, which includes
access to the streets; the right to live in housing free of ethnic harassment)
o What criminal (civil rights) statutes may be violated here? (The right to
travel; the right to access to public accommodation, which includes access
to the streets; the right to live in housing free of ethnic harassment)
o Is a civil injunctive order an available law enforcement tool in your state
to deter future conduct by these youths? If so, what would you want a
court to order these white youths to do or not to do? (Options include
prohibiting any form of future harassment or violence; prohibiting
approaching within a specified distance of the family, house, car, and field;
prohibiting communication with family or witnesses; prohibiting encouraging
or causing another person to engage in prohibited conduct)
--Can court orders be drafted to deter all the youths, even if you are
unable to identify all the youths who participated? (Yes, by obtaining an
order against the named defendants as well as others participating or acting
in concert with the named defendants, and then serving the other youths
with the order)
--Can an order be issued that prohibits these individuals from also
threatening, assaulting, coercing, or intimidating any other Hispanic family
located in your town or city or in your state? (Yes)
--If so, do you have effective systems in place for being notified if one of
the youths perpetrates a bias crime against another Hispanic family outside
your city and town or in another section of your city or town?
o What steps would you take to try to deal with the racial tensions and
reduce the likelihood of recurrence? (Hold community meetings and
discussions with community groups and leaders, make a public statement
that the conduct will not be tolerated in your community)
Assume that two days after a court order was issued for the youths to stay
away from that particular street and the park, one of the defendants
showed up in the park across from the Torreses' house and began yelling at
the family.
o Would that constitute a violation of the order you have drafted? (Yes)
o What are the potential penalties for violation of this order?
o If you were informed of the violation of the order, would you have a right
to arrest without needing to obtain an arrest warrant?
o What would you explain to the victim about the maximum penalty for
violating your injunctive order if a member of the Hispanic family were
actually struck by one of the youths?
o How would you write the police report in this case in order to assist in the
prosecution of this individual for violation of the injunction? (Detail conduct,
existence of order, nature of the violation of the order).
Note to Instructor
If time allows, this hands-on activity is an excellent learning tool for participants.
Divide participants into small groups and ask each group to draft injunctions
appropriate to this case. Encourage participants to be creative.
When the activity is completed, convene entire group. Ask volunteers to write
their draft injunctions on a flipchart. Ask participants from the entire group to
review and comment on the appropriate language in the injunctions. Caution
participants that they should seek counsel from the appropriate prosecutorial
jurisdiction (local county district attorney or state's attorney and/or state
attorney general).
Note to Instructor
Wisconsin v Mitchell does not preclude states from deciding that
penalty-enhancement laws violate their own state constitutions' free speech
provisions. Thus far, four such challenges have been presented, but state courts
in Oregon, Wisconsin, Washington, and Ohio have upheld the constitutionality
of their respective hate crime penalty-enhancement statutes.[4]
IV. Presentation: Emerging Legal Issues (10 minutes)
Constitutionality
Explain that the constitutionality of some federal and state bias crime laws and
municipal ordinances have been challenged in the courts:
o In 1992, the Supreme Court reviewed R.A.V. v St. Paul, in which an
adolescent was accused of burning a cross in the yard of the only African
American family in a neighborhood. He was charged with a misdemeanor for
violating a city ordinance that bans the display of a swastika, burning cross, or
any symbol that "arouses anger, alarm, or resentment in others on the basis of
race, color, creed, religion, or gender." The Supreme Court struck down the
St. Paul ordinance on the basis that it violated the First Amendment's guarantee
of free speech. As a result of this ruling, some hate crime statutes that
criminalize bias-motivated speech may not survive constitutional challenges.
o In its 1993 review of Wisconsin v Mitchell, the Court unanimously upheld a
Wisconsin statute that provides for enhanced penalties for hate-motivated
crimes. In this case, the defendant, an African American youth, incited a group
of friends who had just watched the film Mississippi Burning to "move on
some white people." The group subsequently assaulted a 14-year-old white
teenager. The defendant was sentenced to two years in prison for aggravated
battery and had two additional years added to his sentence because the crime
was racially motivated. The Court's ruling in this case provides an important
protection for penalty-enhancement statutes for hate crimes.
Note to Instructor
Before teaching this section, research the status of the Hate Crime Prevention
Act, and amend the text as necessary.
Hate Crime Prevention Act
Legislation pending in Congress would expand federal jurisdiction over hate
crime cases. The Hate Crime Prevention Act, a bill offered in both Houses of
Congress for the past several sessions, would amend 18 U.S.C. 245 in two
ways: (1) by adding sexual orientation, gender, and disability to the list of
protected categories (race, religion, and ethnicity/national origin), and (2) by
removing current restrictions that enable prosecution only if the victim was
attacked because he or she was engaged in a federally protected activity.
Civil Suits Against Organized Hate Groups
A growing number of civil suits are being pursued against organized hate
groups. In a landmark case in Oregon, a jury awarded $10 million in punitive
damages to the estate of a black man who had been beaten to death by
skinheads. The suit was filed against both the murderers and Thomas Metzger,
the president of the White Aryan Resistance organization (WAR).
Gender Violence as Hate Crime[5]
Despite the similar characteristics of gender-based bias crimes and other bias
crimes, crimes motivated by gender bias have not been included in most
anti-bias crime legislation at either the federal or state levels. There is, however,
a trend toward including gender in bias crime legislation as a protected
category. In 1990, only 7 of the 31 states with hate crime statutes included
gender.[6] As of January 1999, 20 states plus the District of Columbia include
gender as a protected category in their hate crime laws.
Discuss the inclusion of gender as a protected category under bias crime law
and the consideration of domestic violence and sexual assault cases as
gender-based bias crimes. Cover the following points:
o While women are often the victims of violence for the same reasons as men
(i.e., the reasons that prompt robbery, burglary, larceny, motor vehicle theft,
etc.), women are also victims of violence simply because they are women.
o Attacks against women often suggest bias crime--from their lack of
provocation and/or lack of apparent motive, the severity of the attack, the
existence of mutilation, and the obvious intention to terrorize.
o The guidelines for identifying an act of violence as a bias crime can also be
applied to spouse or partner abuse.
o Suggestions that violence against women as women should be defined as
bias-motivated hate crime and included in anti-bias crime legislation have met
with some resistance. Concerns have been raised about the efficacy of including
gender in bias crime legislation, about the usefulness of defining rape, battery,
and murder of women as bias-motivated hate crimes, and about the legitimacy
of fashioning civil rights remedies for such crimes.
Use Transparency D9, "Characteristics of Gender-Based Crimes," and review
the major points.
Characteristics of Gender-Based Crimes
Bias-motivated violence against women has characteristics similar to all other
types of hate violence, including the following:
o Absence of other dominant motive
o Excessive violence/lack of provocation: Many crimes against women involve
the excessive violence, including mutilation, that characterizes bias-motivated
crime. The ultimate example of hate violence against women is that perpetrated
by serial murderers, who usually mutilate their victims, frequently binding,
raping, and torturing them before they murder them. Three of the four women
students murdered in August 1990 at the University of Florida in Gainesville
were mutilated.
o Community impact: The murders in Gainesville, Florida, traumatized the entire
university community and left women terrorized, fearful, and intimidated--as
bias crimes are intended to do.
o Long-term harm: Bias crimes are significantly different from other violent acts
because of the motivation that provokes them and their long-term impact. Not
only do bias crimes victimize entire groups, but their individual victims may
suffer more serious harm than do other crime victims. Bias crime victims are
more likely to be attacked by multiple perpetrators and suffer long-term
psychological harm than are victims of other crimes.[7] The subordination of
women and its attendant violence have long-term effects on women's
psychological and physical health.
o Intimidation of an entire group: Violence against one woman affects all
women. Virtually all women, whether or not they have been victims of violence
themselves, have been intimidated by the pervasiveness of hate violence.
Use Transparency D10, "Gender Violence as Hate Crime: The Law."
Gender Violence as Hate Crime: The Law
o As of January 2000, 20 states and the District of Columbia included gender
as a protected category under their hate crime statutes.
o The proposed Hate Crime Prevention Act, first offered in Congress in 1997
and again in subsequent Congressional sessions, would add gender-motivated
crime as a protected bias crime category (along with other new additions
including crimes motivated by disability and sexual orientation).
o The federal Violence Against Women Act of 1994 (42 USC 13981) allows
individuals to file federal civil lawsuits in gender-based violence cases. This law,
a comprehensive piece of legislation addressing the increasing problem of
violence against women, asserts that "all persons within the United States shall
have the right to be free from crimes of violence motivated by gender." The
gender-bias provision of the law makes the offender liable for compensatory
and punitive damage to the victim, and authorizes injunctive and declaratory
relief to protect the victim.
o The federal Hate Crime Sentencing Enhancement Act includes gender in its
definition of bias crime.
o The federal Hate Crime Statistics Act does not include gender among its
reporting requirements, and the FBI does not collect gender-based hate crime
data as part of its activities under this act. It does, however, collect data on
violent crimes against women within the Uniform Crime Reporting System.
Use Transparency D11, "Legal Criteria for Determining Gender-Related Bias
Crimes."[8]
Criteria for Determining Gender-Related Bias Crimes
The following criteria can assist law enforcement officials in determining
whether an act should be treated as a gender-related bias crime:
o Offender and victim are of different genders
o Offender makes abusive or derogatory remarks based on gender
o Offender articulates hatred for the gender as a group
o Offender has multiple victims, and all of the same gender
o A pattern of verbal, physical, and sexual abuse, control, or domination of
victims of the same gender can be established
Transparency D1
IMPORTANCE OF BIAS CRIME LAWS
o Provide a means for enforcement
o Aid in deterrence
o Send zero tolerance message to perpetrators and community
o Protect vulnerable groups and/or individuals from harm
o Send message to victims that these crimes will be dealt with aggressively
o Set societal norms
o Express the collective belief that our country is stronger when we protect all
citizens
o Maintain social order
Transparency D2
CATEGORIES OF STATE
BIAS CRIME LAWS
1. Criminal Penalty Laws
2. Cross-Burning Laws
3. Mask-Wearing Laws
4. Paramilitary Training Laws
5. Civil Cause of Action Laws
6. Parental Liability Laws
7. Data Collection Laws
8. Police Training Laws
Transparency D3
YOUR STATE'S CRIMINAL, CIVIL, AND DATA REPORTING
STATUTES
Transparency D4
FEDERAL CRIMINAL STATUTES
o 18 USC Section 241
Conspiracy Against Rights of Citizens
o 18 USC Section 245
Forcible Interference with Civil Rights/Federally Protected Activities
o 18 USC Sections 247
Damage to Religious Property/Obstruction of Religious Activity
o 42 USC Section 3631
Willful Interference with Civil Rights Under the Fair Housing Act
o 18 USC Section 242
Deprivation of Rights Under Color of Law
o Hate Crimes Sentencing Enhancement Act (Section 280003 of Public Law
103-322)
Handout D1
Federal Criminal Statutes
o 18 USC Section 241: Conspiracy Against Rights broadly prohibits
conspiracies to injure any person who is exercising rights or privileges protected
by the Constitution or laws of the United States. The statute has been applied
to a variety of federal rights, including the right not to be deprived of life without
due process of the law, the right to vote in a federal election, and the right to
occupy a housing free of racially motivated violence.
o 18 USC Section 245: Forcible Interference with Civil Rights/Federally
Protected Activities was enacted in 1968 in response to violent attacks on civil
rights workers in the South. It prohibits intentional interference, by force or
threat of force, with certain specified constitutional rights where interference is
motivated by discrimination on the basis of race, color, religion, or national
origin. Activities protected under this law include:
o enrollment in a public school or college
o participation in programs administered or financed by the United States or by
a state
o federal and state employment and jury service
o interstate travel by common carrier
o use of restaurants, lodging, gas stations, public entertainment facilities, and
other establishments serving the public
o 18 USC Sections 247 and 248: Damage to Religious Property/Obstruction
of Religious Activity prohibits damaging or destroying religious property
because of the religious nature of that property, or attempting to do so. Also
prohibits intentionally defacing, damaging, or destroying religious property
because of the race, color, or ethnic characteristics of any individual associated
with that property.
o 42 USC Section 3631: Willful Interference with Civil Rights Under the Fair
Housing Act prohibits forcible interference with any person in selling,
purchasing, renting, financing, occupying, or contracting for any dwelling due to
that person's race, color, religion, sex, or national origin.
o 18 USC Section 242: Deprivation of Rights Under Color of Law prohibits
willful deprivation of constitutional and federal statutory rights, but only those
deprived by reason of race, color, or ethnicity. It is most frequently used to
prosecute violent misconduct by law enforcement officials, but it can be
employed against other officials.
o Section 280003 of Public Law 103-22: Hate Crimes Sentencing
enhancement Act allows for the imposition of enhanced penalties if a
perpetrator commits any Federal crime and chooses the victim on the basis of
race, religion, national origin, ethnicity, gender, disability, or sexual orientation.
Transparency D5
FEDERAL CIVIL STATUTES
o 42 USC Sections 1981 and 1982
Civil Actions Under the Civil Rights Act of 1866
o 42 USC Section 1985 (3)
Conspiracy to Deprive Any Person or Class of Persons of Equal Protection of
the Laws
o 42 USC Section 3617
Interference, Coercion, or Intimidation in Violation of the Fair Housing Act
o 42 USC Section 13981
Violence Against Women Act
Handout D2
Federal Civil Statutes
o 42 USC Sections 1981 and 1982: Civil Actions Under The Civil Rights
Act of 1866
Both sections of this statute originated in Section 1 of the Civil Rights Act of
1866 enacted by Congress shortly after ratification of the 13th Amendment
which prohibited slavery.
--Section 1981 states that "all persons within the jurisdiction of the United
States shall have the same right in every State and Territory to make and
enforce contracts, to sue, be parties, give evidence, and to the full and equal
benefit of all laws and proceedings for the security of persons and property as
is enjoyed by white citizens, and shall be subject to punishment, pains,
penalties, taxes, licenses, and exactions of every kind, and to no other."
Injunctive relief is also available.
--Section 1982 ensures equal rights for citizens in terms of personal property.
Damage awards under both sections often include compensatory damages for
emotional distress or humiliation.
o 42 USC Section 1985 (3): Conspiracy to Deprive any Person or Class of
Persons of Equal Protection of the Laws was enacted by Congress as part of
the Ku Klux Klan Act to provide redress for victims of Klan offenses during
Reconstruction. This law imposes civil liability on anyone who conspires to
deprive another individual or class of people of "the equal protection of the laws
or of equal privileges and immunities under the laws." Compensatory and
punitive damages can be awarded under this section.
o 42 USC Section 3617: Interference, Coercion, or Intimidation in Violation of
the Fair Housing Act created a statutory civil cause of action for anyone
coerced, threatened, intimidated, or interfered with for exercising rights granted
under Sections 3603, 3604, 3605, or 3606 of the Fair Housing Act. This
statute restricts punitive damages to $1,000.
o 42 USC Section 13981: Violence Against Women Act of 1994 establishes a
Federal civil rights cause of action for victims of crimes of violence motivated
by gender. The statute makes the offender liable for compensatory damages to
the victim and authorizes injunctive and declaratory relief to protect the victim.
Transparency D6
FEDERAL HATE CRIME STATISTICS ACT 28 USC Section 534
o Signed into law in April 1990; amended in 1994 and 1996.
o Requires the U.S. Attorney General to collect data and publish an annual
summary on crimes that manifest prejudice based on race, religion, sexual
orientation, ethnicity, or disability.
o Data collection responsibilities were delegated to the FBI's Uniform Crime
Reports Section.
o Helps identify the geographical location and the nature and types of bias
crimes occurring in the U.S.
o Effectiveness of the law depends upon its implementation by and support
from state and local law enforcement officials.
Handout D3
Reconciling Bias Crime and the First Amendment
Reprinted with permission of Assistant Attorney General Richard W. Cole,
Massachusetts Attorney General's Office, Civil Rights Division.
The First Amendment to the United States Constitution states:
o Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press, or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.
Note that the Fourteenth Amendment makes the First Amendment applicable
to the states as well.
1. Free speech goals of the First Amendment:
o Citizens may express their political beliefs and opposition to government
without government reprisal.
o Society and government are better off when free exchange of political ideas
and views is encouraged rather than chilled.
o The government may not choose which political beliefs it finds acceptable or
unacceptable.
2. What constitutes speech? It may be written, oral, public, or private. It may
be used for political or commercial purposes.
3. The First Amendment protects speech, not conduct. Forms of speech
include:
o Symbolic speech to convey a message, e.g., picketing, boycotts, T-shirts with
political statements, arm bands, and flag burning (all deemed protected speech)
o Anti-government (political) speech; anti-censorship protection for unpopular
political speech
o Freedom not to speak, pray, or salute the flag
o Offensive speech of many types
o Speech that reflects bias or prejudice; racist, anti-religious, or sexist speech is
generally protected, even if it includes use of slurs or epithets (unless incidental
to conduct or used when communicating ideas in a threatening, intimidating, or
coercive manner)
4. Exceptions to First Amendment protections for speech include the following:
o Threats of force, i.e., language placing a person in reasonable fear of injury
o Slander or libel
o Pornography/obscenity
o Fighting words, where speech is directed at a particular person or group of
persons and is said in a manner that causes a hostile, physical reaction that
tends to incite an immediate breach of the peace
o "Captive audience speech," i.e., it is constitutional, with appropriate limitations
consistent with court decisions, to limit, by statue or ordinance, the picketing of
private homes (Carey v Brown, 1980)
o Clear and present danger to public safety, e.g., falsely yelling "Fire!" in a
theater or inciting others to immediate violent action
o National security, i.e., speech that can constitute treason
o False and deceptive advertising
o Where speech is incidental to conduct, i.e., it is not the idea being expressed
that is being punished, but the intolerable mode of expressing the idea the
speaker wishes to convey (e.g., during a beating, the perpetrator says, "I hate
blacks.") (Wisconsin v. Mitchell, 1993)
o Solicitation crime, e.g., asking a person to murder one's spouse for payment
o Words used that tend to prove discriminatory motive, i.e., words expressing
discriminatory motive are admissible to prove employment, housing, public
accommodation, credit, and other forms of discrimination; words expressing a
discriminatory animus may serve as evidence of the prohibited conduct (for
example, to prove reason for failure to promote) or may constitute the
prohibited conduct itself
o Racial, religious, or sexual harassment in schools and workplace, i.e.,
discriminatory language used to verbally harass another in a confined
environment, such as a school setting or place of employment, may be
admissible to prove unlawful harassment; for example, a sexual harassment
claim may be proven by evidence of unwelcome, offensive verbal comments of
a sexual nature that creates an intimidating or hostile school or work
environment
Note: Speech may fall into more than one category of exception.
On most occasions speech that reflects a person's prejudice cannot be
punished. But at times, mere words may cause a reasonable person to feel
threatened, intimidated, or coerced (e.g., "I'm going to kill you because I hate
Catholics."). In that case, a person is not punished for his or her beliefs or
offensive thoughts, but for language deemed the equivalent of conduct.
Application of judgment and experience is needed to determine whether speech
or writings constitute a criminal threat. Fact patterns are not always clear, and
reasonable discretion and reasoned judgment are crucial in determining whether
a bias crime, giving rise to civil or criminal liability, has occurred. Prior to
arresting or prosecuting a suspect for a bias crime for a written or verbal
statement, law enforcement officials and prosecutors need to carefully examine
the context in which the statement was made.
Transparency D7
CRIMINAL CASE ILLUSTRATIONS
Case 1
o On a Saturday morning, a man stands in a section of your town or city
Common; he uses anti-Semitic epithets and makes offensive remarks (e.g., "All
Jews should die," "It's a shame Hitler wasn't successful in exterminating the
Jews").
o This man also hands out hate literature.
o This man also self-identifies as a member of a neo-Nazi group.
o Assume that this same man sets up a kiosk on the side of a Jewish religious
parade; hundreds of Jews walk past the kiosk as the epithets are made.
Case 2
o An 11-year-old black girl sees a 6'5",250-pound white male in full uniform
exercising on the high school football field in the heart of a black neighborhood
in your town or city. She walks up to him, and, standing inches away, leans up
and says in a loud voice, "This is a black neighborhood, white boy. Stay out of
my neighborhood."
Case 3
o A 6'5" white man sees an 11-year-old black girl walking on the football field
at a high school in the heart of an all-white neighborhood. He walks up to her
and, standing inches away, leans down and says in a powerful voice, "This is a
white neighborhood, blackey. Get out of my neighborhood."
Case 4
o A white and an Asian American family are neighbors. Both have lived in their
adjoining houses for three years without any problems. One Saturday, the
father of the Asian American family cuts down an oak tree located on the
property of the white neighbor's house, mistakenly believing it is on his side of
the property line. The father of the white family observes this, runs out, yells
racial epithets, and punches the Asian American man in the face.
o Same scenario as above, except that the Asian American family just moved
into the house the week before and has had no contact with the neighbors.
Case 5
o An interracial couple lives in a deserted area or on a dead-end street in your
town or city. On two occasions, in the dark of night, three high school youths
throw numerous eggs at their house. The family is home, but the youths run
away before the family members are able to go outside to confront the
perpetrators. Also assume that this couple has spoken out publicly about bias
and prejudice in the town, and, in fact, has published an article in the local
newspaper about what they believe is rampant racism in the town.
o Assume that you are able to develop evidence that the youths engaged in this
conduct to intimidate the couple from speaking out in the future about racial
bias and prejudice in your area.
Case 6
o On Easter Sunday, two youths write anti-Catholic graffiti on a church, which
includes threats against the parishioners such as, "You will all die."
o Assume that the reporter from the local newspaper sees you on the scene
seconds after you arrive and asks you whether or not this constitutes a hate
crime. How do you respond?
Transparency D8
CIVIL INJUNCTION: CASE ILLUSTRATION
Case 7
o The Torreses, a Hispanic family, move onto a street in a predominantly white
area of your city or town. Their home is next to a large baseball field and
playground.
o Shortly after they move in, they begin experiencing harassment. On one
occasion, their car is tipped over; on another, their car is vandalized.
o This harassment culminated in an incident that occurred two weeks ago. On
that day, the Torreses drove down their street, followed by a Hispanic family
who lived nearby.
o As they drove, they were accosted by a group of 15-20 white males and
females. One of the white males, John C., yelled a racial comment at the
Torreses. John C. then stood in front of the Torreses' car, blocking its forward
movement, and began to strike their car with a tire iron. The Torreses drove
past him down the street and went to a barbecue at their friends' home.
o Assume that two days after a court order was issued for the youths to stay
away from that particular street and the park, one of the defendants showed up
in the park across from the Torreses' house, and then began yelling at the
Hispanic family.
Transparency D9
CHARACTERISTICS OF GENDER-BASED CRIMES
Similar to other types of bias crime, including:
o Absence of other dominant motive
o Excessive violence/lack of provocation
o Community impact
o Long-term harm
o Intimidation of an entire group
Transparency D10
GENDER AS HATE CRIME: THE LAW
o Gender is a protected category in 20 states' bias crime statutes
o Proposed Hate Crime Prevention Act would include gender
o The Violence Against Women Act of 1994 provides a federal civil remedy
for some victims of gender-related bias crime
o Federal Hate Crime Sentencing Enhancement Act includes gender as a
protected category
o Federal Hate Crime Statistics Act currently excludes gender from reporting
requirements
Transparency D11
LEGAL CRITERIA FOR DETERMINING GENDER-BASED HATE
CRIMES
o Offender and victim are of different genders
o Offender makes abusive or derogatory remarks based on gender
o Offender states hatred for the gender as a group
o Offender has multiple victims, all of the same gender
o A pattern of verbal, physical, and sexual abuse, control, or domination of
victims of the same gender can be established
References
1 Levin, J. and McDevitt, J. (Dec. 1998-Jan. 1999). Backlash to hate crime
laws. CAHRO News. San Francisco, CA: California Association of Human
Relations Organizations (CAHRO).
2 Adapted from Berrill, K. (1992). Countering anti-gay violence through
legislation. Washington, DC: The National Gay and Lesbian Task Force Policy
Institute.
3 Reprinted with permission of Assistant Attorney General Richard W. Cole,
Massachusetts Attorney General's Office, Civil Rights Division.
4 Anti-Defamation League (1999). 1999 hate crimes laws. New York:
Anti-Defamation League.
5 Adapted from Copeland, L. and Wolfe, L. R. (1991). Violence against
women as bias-motivated hate crime: Defining the issues. The Center for
Women's Policy Study.
6 Anti-Defamation League (1999). 1999 hate crimes laws. New York:
Anti-Defamation League.
7 Klanwatch (1989, November 20). Special report: Outlawing hate crime.
Montgomery, AL: Southern Poverty Law Center.
8 Adapted from U.S. Department of Justice (1998). National hate crimes
training curriculum: Multilevel state and local law enforcement professionals.
Washington, DC: U.S. Department of Justice.
----------------------------
Session E
Roles of Law Enforcement and Victim Assistance Professionals
Overview of the Session: At a Glance
Activity: Discussion of Roles, Responsibilities, and Unique Challenges in
Responding to Bias Crimes--20 minutes
Presentation: Investigative Strategies--25 minutes
Presentation: Advocacy on Behalf of Victims and Their Families--15 minutes
TOTAL TIME--60 minutes
Objectives
By the end of this session, participants will be able to:
o Identify the respective roles and responsibilities of law enforcement and victim
assistance professionals when responding to bias crimes
o Identify strategies that facilitate the investigation of bias crimes: securing
evidence, interviewing victims and witnesses effectively, and interrogating
suspects
o Describe essential steps in advocating for bias crime
 victims
Materials and Equipment
Time: 60 minutes
Handouts: Important Issues to Address When Assisting Bias Crime Victims
Transparencies: Special Considerations When Interviewing Bias Crime Victims;
Conducting Effective Victim Interviews; Enhancing Witness Cooperation;
Collecting and Preserving Evidence in Bias Crime Investigations; Important
Issues to Address When Assisting Bias Crime Victims
Equipment: Flipchart; markers; overhead projector; screen
Note to Instructor
This exercise is designed to help law enforcement and victim assistance
professionals examine and clarify their roles and responsibilities in responding
 to bias crime.
It is also designed to help them become more familiar with one another's roles.
If time allows, you may wish to have participants brainstorm in small groups
before conducting the large-group exercise.
Instructor's Notes
I. Activity: Discussion of the Roles, Responsibilities, and Unique Challenges
in Responding to Bias Crimes (20 minutes)
First, ask for volunteers to identify the roles and responsibilities of law
enforcement professionals in responding to bias crimes.
Record their answers on a flipchart. Provide and explain other roles and
responsibilities that have not been mentioned by participants. Police officers are
responsible for the following:
o Identifying a crime as potentially motivated by bias
o Providing support and assistance to bias crime victims
o Conducting thorough investigations of all alleged bias incidents
o Documenting bias crime incidents and preparing quarterly statistical reports
for the Federal Bureau of Investigation's Uniform Crime Reports Section
o Contacting and maintaining involvement with the district attorneys responsible
for prosecuting these cases
o Interviewing victims and witnesses
o Collecting and preserving evidence
o Interrogating suspects
o Maintaining contact with and referring victims to other support agencies,
including victim assistance programs
o Providing bias crime response training to other police officers and other
police departments
o Maintaining good community relations through the use of police community
liaisons, community policing, and general support to the community
Remove the flipchart page(s) and hang it visibly in the front of the room. Then,
ask for volunteers to identify the responsibilities of victim assistance
professionals in responding to bias crimes. Record their answers on a flipchart.
Provide and explain other responsibilities that have not been mentioned by
participants. These should include the following:
o Providing emergency care to victims
o Providing food to victims, and referring them to shelter when necessary
o Providing safety services, such as helping victims install new locks or replace
broken windows
o Providing emergency financial assistance, such as money for phone calls,
food, or shelter
o Providing on-the-scene comforting words and gestures, and making home
visits shortly after the incident
o Counseling victims immediately following the incident, and providing
follow-up counseling after the incident
--Advocating for victims to ensure they do not lose pay from employers for
time spent in recovery and court
--Facilitating the expedient return of stolen property retained by police
departments as case evidence
--Assisting victims in preparing their victim impact statements
--Referring victims to other resources, such as legal, psychological, and social
services, civil rights and advocacy organizations, and the local religious alliance
--Assisting victims in filling out claims for compensation, restitution, and/or
witness fee assistance
--Providing court-related services, such as witness reception, court orientation,
notification, witness alert, transportation, child care, and escorts to court
--Providing general advocacy services, such as public education, legislative
advocacy, and training of police, prosecutors, and other human service
providers
Ask participants to provide examples of common challenges they face in
responding to bias crime cases. Record their answers on a flipchart, indicating if
the example is a challenge experienced primarily by law enforcement
professionals, victim assistance professionals, or both.
Note to Instructor
Explain that the group is now going to draw on participants' law enforcement
and victim assistance experience to identify techniques for enhancing the
interviewing of bias crime victims and witnesses. The officers' actions will have
a direct bearing on the victim's willingness to cooperate with the investigation.
The victim assistance professionals can both support victims in recovery and
encourage their cooperation in the investigation.
II. Presentation: Investigative Strategies (25 minutes)
Interviewing Victims and Witnesses
Use Transparency E1, "Special Considerations When Interviewing Bias Crime
Victims."
Special Considerations When Interviewing Bias Crime Victims
Take the following preliminary steps before interviewing a bias crime victim:
o Provide extra security for the victim, if needed, and assure the victim that he
or she is safe.
o Tell the victim that you are sorry the incident happened, and ask the victim for
permission to speak to him or her. This is very important, because many victims
fear that law enforcement officials will not believe the incident happened or
understand how traumatic it was. By saying you are sorry, you validate the
victim's feelings.
o Allow the victim to ventilate feelings about the crime, and validate those
feelings by expressing your personal concern for the victim and what he or she
has experienced. Share the victim's outrage, and let the victim know that the
police department takes these crimes seriously and will conduct a full
investigation of the incident.
o If the officer cannot communicate in the language of the victim, arrange for a
translator or ask the victim to select a friend or family member to act as
 interpreter. (Be mindful of cultural and privacy considerations that may prohibit
a victim from using a younger member of the family, or a family member of a
different gender, as a translator, even if that person is the only English-speaking
member of the household.)
o Be extremely sensitive to and respectful of the victim, who may be particularly
guarded due to cultural perceptions of law enforcement, or may desire to
conceal or deny his or her affiliation with the group the offender(s) intended to
harm.
o Inform the victim that he or she may experience a range of emotional
responses due to the victimization (e.g., anger, sadness, emotional numbness,
etc.), and that these responses may manifest themselves immediately following
or any time after the incident.
o Do not attempt to diminish the impact of the crime in any way.
o Explain to the victim what is likely to happen during the course of the
investigation, and prepare him or her for any disappointing or frustrating
circumstances (e.g., the release of the suspect).
o Protect the victim's anonymity whenever possible. Anonymity is a significant
issue for many victims of bias crime; for example, many gay and lesbian bias
crime victims are not openly gay, due to family and societal attitudes toward
homosexuality.
Note to Instructor
Explain that the basic skills participants have learned for interviewing victims,
witnesses, and suspects in other criminal cases apply to bias crime cases as
well.
Explain that there are additional considerations when interviewing victims,
witnesses, and suspects in bias crime cases.
Use Transparency E2, "Conducting Effective Victim Interviews."
Conducting Effective Victim Interviews
o Only one officer should conduct the interview. Any other officers present
should remain inconspicuous and not interfere with the interview.
o Allow the victim to tell the whole story in his or her own words. Do not
distract the individual or interrupt the story unnecessarily.
o Language is often the key evidence in bias crimes. Have victims recall to the
best of their ability the exact words of the offender(s).
o Do not ask a victim, "Was this a bias crime?" or in any way press for an
admission that the crime was motivated by bias. The victim may not want to
acknowledge the bias motivation of the crime. Instead, ask, "Do you have any
idea why this happened to you?" or say, "People sometimes get attacked
because of their [race, ethnicity, religion, sexual orientation, etc.]. Was there
anything in the incident that might point in that direction?"
o Do not make assumptions about the victim that may be inappropriate, such as
assuming the victim's sexual orientation. For example, do not ask, "Are you
gay?" Instead, ask victims what they think motivated the attack and why they
think they were victimized.
o If the victim identifies the crime as motivated by bias, acknowledge that
attacks motivated by prejudice can be especially devastating.
o Do not allow personal value judgments of the victim's behavior, lifestyle, or
culture to intrude. Do not blame the victim for the incident. If the victim blames
him or herself for the incident, gently respond that the incident was not the
victim's fault.
o Do not question the victim's judgment in terms of his or her own safety. What
you may interpret as victims placing themselves in unsafe situations, they may
interpret as exercising their rights.
o Use appropriate terminology. Do not use stereotyped or biased terms that
can revictimize the victim, shut down communication, or otherwise impede the
investigation.
o Ask the victim if he or she has been victimized in prior incidents.
o Continually update the victim on the status of the case and what is being done
by the police department. Victims of bias crime are often particularly sensitive
to law enforcement's responsiveness to their needs. Victims from other cultures
may need more direct involvement from law enforcement to overcome cultural
and linguistic barriers.
o Refer the victim to individuals or organizations that can provide support and
assistance. These may include victim assistance agencies, social service
organizations, and clergy in the victim's religious denomination.
Explain that the same strategies for interviewing victims in bias crime cases also
apply to interviewing witnesses. In addition, there are other strategies you can
use to enhance witness cooperation. Use Transparency E3, "Enhancing Witness
Cooperation."
Enhancing Witness Cooperation
o Canvas the entire community, using interpreters as needed. Appeal to
community members' sense of civic responsibility and the chance for them to
assist in ridding their community of these crimes. Canvassing the entire
community sends a message to the community and potential offenders that the
police department does not tolerate such crimes.
o Offer rewards for information regarding the case.
o Remember that bias crimes often involve individuals of races and/or ethnicities
different from the witnesses of the incident. The stereotypes and biases of
witnesses may consciously or subconsciously influence their perceptions of the
incident.
o Be aware that witnesses with the same prejudices and stereotypes of the
offender(s) may present a distorted or inaccurate view of what occurred.
Witnesses who want to deny the existence of hatred in their community may
also provide inaccurate versions.
o Establish memoranda of understanding (MOUs) with local civil rights groups
that spell out referral policies, mutual support of call-in procedures, etc.
Collecting and Preserving Evidence[1]
Explain that the group is now going to draw on the combined expertise of law
enforcement and victim assistance professionals to identify techniques for
enhancing the collection and preservation of evidence in potential bias crimes.
The same techniques for collecting and preserving evidence used in other
investigations should be used for the investigation of bias crimes. Use
Transparency E4, "Collecting and Preserving Evidence in Bias Crime
Investigations."
Collecting and Preserving Evidence in Bias Crime Investigations
o Language: Law enforcement officers should pay particular attention to any
words or phrases that may be bias-related. Exact words and expressions
should be documented as evidence. Note: Language is often the most critical
evidence in a hate crime prosecution.
o Graffiti: Photographs of graffiti consisting of racial, ethnic, religious,
gender-related, or sexual orientation-related epithets and/or symbols should be
taken immediately following the incident. This secures evidence and allows
offensive language and symbols to be removed quickly before other community
members are victimized by them.
o Property damage: As with graffiti, photographs of property damage should be
taken immediately following reporting of the incident. The extent of property
damage may affect whether the crime can be charged as a felony or
misdemeanor.
o Personal injuries: Arrange to have the victim's visible physical injuries
photographed. This may serve as important evidence at the time of trial. Ask
the victim what would make her or him the most comfortable, e.g., having a
police officer of the same gender gathering this type of evidence.
o Symbols: It is important to become familiar with and recognize symbols or
insignias (such as a swastika or the letters KKK) that indicate bias. These
symbols may be found in graffiti, etched or painted into property, or contained
in threatening letters or phone calls. Numbers and numerology have also been
used as part of hate messages. You may need to consult an expert to determine
if a number or symbol has significance.
o Threatening letters: If a threatening letter is received, advise the victim to
preserve potential fingerprint evidence:
--Touch the letter as little as possible
--Avoid faxing or copying the letter
--Place the letter in a paper, not plastic, bag
--Arrange to have an officer pick up the letter to ensure that the chain of
evidence is maintained
o Coordination: The overall effectiveness of law enforcement agencies'
response to bias crime can be enhanced through policies that promote
interagency training, information exchange, and multiagency law enforcement
cooperation. For example,
--Agencies should develop cooperative relationships with county prosecutors
and other concerned federal, state, and local law enforcement agencies, as
appropriate.
--The investigation should be coordinated with other law enforcement agencies
in the area to analyze bias crime patterns and to determine whether an
organized hate group is involved.
Note to Instructor
Bias crimes impact victims in many ways. The impact on individual victims, their
families, and their communities is discussed in more detail in Session B, Victim
Impact. The following section is designed primarily for victim assistance
professionals but is also essential training for law enforcement officials.
Guidelines for addressing cultural concerns related to victim advocacy and
counseling are presented in Session F, Cultural Issues and Community
Strategies for Dealing with Bias Crime.
III. Presentation: Advocacy on Behalf of Victims and Their Families (15
minutes)
Distribute Handout E1, "Important Issues to Address When Assisting Bias
Crime Victims," and use Transparency E5 to discuss what professionals can do
to address victim impact.
Important Issues to Address When Assisting Bias Crime Victims
o Address the victim's physical injuries (if applicable).
o Acknowledge the unique impact of crimes motivated by hatred or prejudice.
In addition to acknowledging the physical, emotional, and financial impact of
hate crime, victims need professionals to address directly the prejudice
motivating the offender. Professionals should address the victim's feelings of
objectification and degradation and acknowledge that these issues are
particularly difficult for the victims of bias crime to discuss.
o Acknowledge that the perpetrator may commit other crimes against the
victim, especially in retaliatory and reactive hate crimes.
o Address the victim's safety. Assist in developing a safety plan and network of
support.
o Be aware of the possibility of prior victimization. Victims of hate crime have
often been previous victims of hate crime by the same perpetrator or
experienced other incidents of victimization. Frequently, victims have not
reported these prior incidents to the police.
o Acknowledge that victims may feel the long-term impact of prior victimization
and discrimination.
o Address the level of fear the victim may feel. Because hate crimes are
message crimes, they terrorize victims. Directly address with the victim what
steps may be taken to reduce this fear.
o Address issues relating to the media. Because hate crimes often attract media
attention, ask the victim if someone can act as a media liaison for him or her.
o Tell the victim that this type of crime is treated very seriously, and explain
your department's or agency's response protocol.
o Acknowledge institutional prejudice and its impact on the victim. Inquire as to
any barriers to accessing services; for example, the victim may encounter
physical, linguistic, or cultural barriers in pursuing a legal case or obtaining
services.
o Acknowledge victims' potential fear in reporting the crime andpursuing their
cases in the court system. Victims of crime who are immigrants without legal
papers may fear deportation. Victims of homophobic hate crime may fear
disclosure. All groups may fear dealing with legal authorities.
o Refer victims to culturally appropriate services.
o Educate yourself about the medical and legal systems in your jurisdiction.
Learn about reporting procedures from the police or sheriff. Obtain copies, if
possible, of the crime/hate crime reporting form to determine what kinds of
information law enforcement will need to build a case, and what types of
questions the victim must be prepared to answer.
o Understand the laws relating to civil rights violations and hate crimes and what
is required to convict an offender under those laws. Help the victim develop
realistic expectations about his or her role, time frames, and potential outcomes
relative to the criminal justice system.
o As hate crimes affect entire communities, consider your role in organizing
community members to respond to the crime and work on prevention initiatives.
Options include the following:
--Organize a community response, public awareness effort, or victim vigil to
show support of both the victim and the entire community affected by the crime.
--Develop coalitions and/or networks to support hate crime victims.
--Coordinate with human relations commissions and specialized advocacy
groups to address victimization:
----Advocate for victims within systems
----Train citizens to provide peer support
----Develop self-help groups for victims
----Refer victims for support and counseling services
----Provide translation services
----Provide court monitoring and advocacy
----Develop multilingual representation and education
----Provide media advocacy
o Educate health care providers, including pre-hospital care providers,
emergency department personnel, and primary care providers, about the unique
impact of bias crime and the special needs of victims. The Annals of Emergency
Medicine has published guidelines for health care professionals on treating bias
crime victims.[2]
Transparency E1
SPECIAL CONSIDERATIONS WHEN INTERVIEWING BIAS CRIME
VICTIMS
o Provide extra security for the victim.
o Tell the victim you are sorry the incident happened.
o Allow the victim to ventilate feelings, and explain that the police department
takes these crimes seriously.
o Use an interpreter, if necessary.
o Be extremely sensitive to and respectful of the victim, especially regarding
cultural differences.
o Inform the victim about the usual range of emotional responses to
victimization.
o Do not attempt to diminish the impact of the crime.
o Explain what is likely to happen during the investigation.
o Protect the victim's anonymity whenever possible.
Transparency E2
CONDUCTING EFFECTIVE VICTIM INTERVIEWS
o Only one officer should conduct the interview.
o Allow victims to tell the whole story in their own words.
o Language is often the key evidence. Have victims recall the exact words of
the offender(s), if possible.
o Ask if he or she has been victimized previously.
o Do not ask "Was this a bias crime?"
o Do not make assumptions about the victim.
o Do not blame the victim or allow personal value judgments to intrude.
o Do not question victims' judgment of their own safety.
o Use appropriate terminology; do not use biased terms.
o Regularly update victim on case status.
o Refer victim for support and assistance.
Transparency E3
ENHANCING WITNESS COOPERATION
o Canvas the entire community, using interpreters as needed.
o Offer rewards for information.
o Remember that biases of witnesses may influence their perceptions.
o Be aware that witnesses may provide inaccurate accounts, for various
reasons.
o Establish memoranda of understanding with local civil rights groups.
Transparency E4
COLLECTING AND PRESERVING EVIDENCE IN BIAS CRIME
INVESTIGATIONS
o Language: Pay particular attention to any words or phrases that may be
bias-related. Document exact words and expressions as evidence.
o Photographs: Take photographs immediately of:
--graffiti
--property damage
--victim's visible personal injuries
o Symbols: Recognize symbols indicating bias (e.g., swastika, KKK, significant
numbers). Call in expert if necessary.
o Threatening letters: Advise victim to:
--touch letter as little as possible
--avoid faxing or copying letter
--place letter in paper (not plastic) bag
--have officer pick up letter
o Coordination: Work with other law enforcement agencies to analyze bias
crime patterns.
Handout E1
Important Issues To Address When Assisting Bias Crime Victims
o Address the victim's physical injuries (if applicable).
o Acknowledge the unique impact of crimes motivated by hatred or prejudice.
In addition to acknowledging the physical, emotional, and financial impact of
hate crime, victims need professionals to address directly the prejudice
motivating the offender. Professionals should address the victim's feelings of
objectification and degradation and acknowledge that these issues are
particularly difficult for the victims of bias crime to discuss.
o Acknowledge that the perpetrator may commit other crimes against the
victim, especially in retaliatory and reactive hate crimes.
o Address the victim's safety. Assist in developing a safety plan and network of
support.
o Be aware of the possibility of prior victimization. Victims of hate crime have
often been previous victims of hate crime by the same perpetrator or
experienced other incidents of victimization. Frequently, victims have not
reported these prior incidents to the police.
o Acknowledge that victims may feel the long-term impact of prior victimization
and discrimination.
o Address the level of fear the victim may feel. Because hate crimes are
message crimes, they terrorize victims. Directly address with the victim what
steps may be taken to reduce this fear.
o Address issues relating to the media. Because hate crimes often attract media
attention, ask the victim if someone can act as a media liaison for him or her.
o Tell the victim that this type of crime is treated very seriously, and explain
your department's or agency's response protocol.
o Acknowledge institutional prejudice and its impact on the victim. Inquire as to
any barriers to accessing services; for example, the victim may encounter
physical, linguistic, or cultural barriers in pursuing a legal case or obtaining
services.
o Acknowledge victims' potential fear in reporting the crime and pursuing their
cases in the court system. Victims of crime who are immigrants without legal
papers may fear deportation. Victims of homophobic hate crime may fear
disclosure. All groups may fear dealing with legal authorities.
o Refer victims to culturally appropriate services.
o Educate yourself about the medical and legal systems in your jurisdiction.
Learn about reporting procedures from the police or sheriff. Obtain copies, if
possible, of the crime/hate crime reporting form to determine what kinds of
information law enforcement will need to build a case, and what types of
questions the victim must be prepared to answer.
o Understand the laws relating to civil rights violations and hate crimes and what
is required to convict an offender under those laws. Help the victim develop
realistic expectations about his or her role, time frames, and potential outcomes
relative to the criminal justice system.
o As hate crimes affect entire communities, consider your role in organizing
community members to respond to the crime and work on prevention initiatives.
Options include the following:
--Organize a community response, public awareness effort, or victim vigil to
show support of both the victim and the entire community affected by the crime.
--Develop coalitions and/or networks to support hate crime victims.
--Coordinate with human relations commissions and specialized advocacy
groups to address victimization:
----Advocate for victims within systems
----Train citizens to provide peer support
----Develop self-help groups for victims
----Refer victims for support and counseling services
----Provide translation services
----Provide court monitoring and advocacy
----Develop multilingual representation and education
----Provide media advocacy
o Educate health care providers, including pre-hospital care providers,
emergency department personnel, and primary care providers, about the unique
impact of bias crime and the special needs of victims. The Annals of Emergency
Medicine has published guidelines for health care professionals on treating hate
crime victims.
Transparency E5
IMPORTANT ISSUES TO ADDRESS WHEN ASSISTING BIAS CRIME
VICTIMS
o Address the victim's physical injuries (if applicable).
o Acknowledge the unique impact of attacks motivated by hatred or prejudice.
o Acknowledge that the perpetrator may commit other crimes against the
victim, especially in retaliatory and reactive hate crimes.
o Address the victim's safety.
o Be aware of possible prior victimization.
o Acknowledge that victims may feel the long-term impact of prior
victimization and discrimination.
o Address the level of fear the victim may feel.
o Address issues relating to the media.
o Tell the victim that this type of crime is treated very seriously, and explain
your department's or agency's response protocol.
o Acknowledge institutional prejudice and its impact on the victim, and inquire
as to any barriers to accessing services.
o Acknowledge victims' potential fear in reporting the crime and pursuing their
cases in the court system.
o Refer victims to culturally appropriate services.
o Educate yourself about the medical and legal systems in your jurisdiction.
o Understand the laws relating to civil rights violations and help victim develop
realistic expectations.
o Organize the community to work on prevention initiatives.
o Educate health care providers on the special needs of bias crime victims.
References
1 Portions of this section were adapted from: U.S. Department of Justice
(1998). National hate crimes training curriculum: Multilevel state and local law
enforcement professionals. Washington, D.C.: U.S. Department of Justice.
2 Hutson, H. R., Anglin, D., Stratton, G., and Moore, J. (June 1997). Hate
crime violence and its emergency department management. Ann Emerg Med
29, 786-791.
----------------------------
Session F
Cultural Issues and Community Strategies for Dealing with Bias Crime
Overview of the Session: At a Glance
Presentation: Defining Culture and Why It Matters in Dealing with Bias
Crime--15 minutes
Activity: Culture and Heritage--15 minutes
Presentation: Implications of Culture and Diversity for Bias Crime--20 minutes
Presentation: Community Impact and Outreach--10 minutes
TOTAL TIME--60 minutes
Objectives
By the end of this session, participants will be able to:
o Understand the influences of culture on their own lives
o Better understand the impact of culture on bias crime
o Understand strategies for addressing cross-cultural issues when working with
bias crime victims
o Describe effective community involvement in dealing with bias crime
o Understand strategies for addressing the community impact of bias crime
o Understand the importance of building successful networks and coalitions
Materials and Equipment
Time: 60 minutes
Handouts: Culture and Heritage; Guidelines for Providing Culturally
Appropriate Counseling; Possible Network or Coalition Members; Community
Change to Improve the Identification of and Response to Bias Crimes
Transparencies: Continuum of Prejudicial Behavior; The Dimensions of
Prejudice; Emotional Reactions in Dealing with Cross-Cultural Communication;
Cultural Considerations; Culturally Appropriate Counseling: An Overview;
Community Impact
Equipment: Overhead projector; screen; flipchart
Instructor's Notes
I. Presentation: Defining Culture and Why It Matters in Dealing with Bias Crime
(15 minutes)
Explain that this session will provide an understanding of culture, diversity,
prejudice, and bigotry, and their relationship to bias crime. The session will not
comprehensively deal with specific cultural groups and their history, customs, or
beliefs, but rather provide an overview.
Explain that all professionals who deal with bias crimes need to understand
cultural issues in order to better understand the following:
o The dynamics of bias crimes, which, in most circumstances, are committed by
offenders from a different cultural background than their victims
o The dynamics of cross-cultural communication, in order to more effectively
serve the victim--especially if the victim is from a culture different from that of
the law enforcement or victim service professional
Without this knowledge, cultural misunderstandings and miscommunication can
occur for law enforcement professionals, which can threaten the law
enforcement professional's safety, impede investigations, lead to the escalation
of events, which may heighten community tension, and/or increase the agency's
vulnerability to liability.
For victim assistance professionals, cultural misunderstandings and
miscommunication can undermine the effectiveness of victim counseling and
advocacy, limit outreach to underserved populations of bias crime victims, and
limit the development of culturally appropriate services to reduce harm to
victims.
Positive outcomes may result from increased cultural understanding:
o Improvement in police community relations
o Improvement in reporting and a better record of solving bias crimes
o Enhancement of victim services to individuals and to the community
o Enhancement of prevention in the community
Explain that culture is a concept that helps us understand similarities and
differences across groups. Definitions of culture vary, though most include the
following characteristics:
o The artifacts created by a group of human beings, including architecture, art,
tools, dress, and religion
o A set of traditions
o A common language
Ask participants to volunteer their own ideas about what contributes to cultural
identity, and record their suggestions on a flipchart. Possible responses may
include the following:
o Nationality
o Rural or urban location
o Race
o Education
o Religion
o Income
o Ethnicity
o Profession
o Gender
o Mental and physical abilities
o Age
o Sexual orientation
o Geographic region
o Beliefs and attitudes
o Worldview
Include examples from this list, if not mentioned by the group.
II. Activity: Culture and Heritage (15 minutes)
Distribute Handout F1, "Culture and Heritage," and ask participants to spend
five minutes jotting down answers to the questions.
Ask for four to six volunteers to share their notes. After hearing the examples,
ask for volunteers to specify what differences they notice among these
examples. Possible responses:
o Last names
o Where they were born
o Where their grandparents' parents came from
o Individual customs
Ask for volunteers to specify what similarities they notice among their examples.
Possible responses:
o Where they were born
o Individual customs
Sum up the activity by reminding participants of the following points:
o In their own experience, they have often been able to find a commonality
between themselves and victims, victims' family members, and members of the
victims' communities, even though they may appear to be "culturally different"
from one another.
o A respect for all cultures and all groups will enable victim assistance and law
enforcement professionals to deal more effectively with bias crime victims.
o Understanding and managing differences--and perception of differences-- is
nevertheless a major challenge, and a responsibility, for professionals who deal
with bias crime.
III. Presentation: Implications of Culture and Diversity for Bias Crime (20
minutes)
Explain that culture is learned and that a culture's beliefs and attitudes are
transmitted from generation to generation. The process by which we experience
the world and transmit our assumptions about different groups and cultures
influences our communication patterns, which can then influence our thoughts,
beliefs, and actions. Below are some examples of the inherent problems with
cultural assumptions:
Labeling
o The inherent danger in making assumptions is that we assume there are
absolute facts rather than working hypotheses. This may lead to the labeling of
others.
o Labeling limits our ability to perceive others accurately, which may lead to
stereotyping.
Stereotyping
o "Stereotyping" is attributing characteristics to a group simplistically and
uncritically, and/or assuming that those characteristics are rooted in significant
biological differences.
o Stereotyping is:
--a dangerous form of labeling
--frequently inaccurate and overgeneralized
--the judging of a person as a category, not an individual
o Stereotyping may lead to prejudicial beliefs.
Prejudice
o "Prejudice" is an unreasonable and unjustifiable negative attitude toward a
group and its individual members.
o Prejudice based on cultural assumptions plays a significant role in the
motivation of bias crime offenders.
Implications
o Although bias crimes may be targeted against members of any culture,
including the dominant culture, a significant percentage of bias crimes are
committed against individuals from cultures different from the culture of the
perpetrator.
o No one member of a cultural group exemplifies all the characteristics of that
group in typical fashion.
o Within any given culture, there can be as much variation as there is between
cultures.
o In any cross-cultural communication, we must work at understanding the
uniqueness of each individual in the context of that individual's particular life
experiences and her or his personal integration of cultural influences.
The Complex Nature of Prejudice
Use Transparency F1, "Continuum of Prejudicial Behavior."[1]
Continuum of Prejudicial Behavior
Least Severe
to
Most Severe
o Avoidance
o Negative speech
o Discrimination
o Physical attack
o Extermination
Explain that prejudice is comprised of various social, emotional, and cognitive
aspects. Use Transparency F2, "The Dimensions of Prejudice."[2]
The Dimensions of Prejudice
Social Aspects of Prejudice
o Unequal group status in society results in unequal treatment of individuals.
o Social definition, or being placed by society within a particular social group,
may promote "ingroup bias."
-- "Ingroup" can be defined as a group of people who share a sense of
belonging within a particular group and a feeling of common identity with the
group.
-- "Outgroup" can be defined as a group that is perceived as distinctively
different or apart from one's ingroup.
o People tend to see greater similarity among individuals in the outgroup than
individuals within their ingroup. For example, when students are shown faces of
white and black individuals and then asked to select those individuals from a
photographic lineup, they tend to recognize the faces of their own racial group
more accurately. People outside their group appear more similar to one another
than do individuals within their group.
Emotional Aspects of Prejudice
o The "scapegoat theory": When the cause of one's frustration is too difficult to
handle, either emotionally or intellectually, one often redirects the hostility
outward. Whole societies can displace such aggression, as witnessed in Nazi
Germany or during the slavery period of U.S. history.
Cognitive Aspects of Prejudice
o Stereotyping: Stereotypes are not always the result of consciously evil
intentions. Sometimes they result from an attempt to simplify the complex
information one receives from the external world. One way to simplify complex
 issues is to develop categories to organize the information by clustering objects
into various groups. Unfortunately, this simplification often results in negative
labeling and overgeneralization.
o Consequences of stereotyping: Stereotypes affect the way one interprets the
world or one's own behavior, and the way one recalls events. Having
stereotyped a group of people, one tends to perceive information about an
individual of that group in a way that is consistent with the stereotype, despite
any conflicting evidence.
o Remedy for stereotyping: If one allows oneself to get to know an individual
distinct from his or her group, the influence of the stereotype diminishes. A
particularly effective means of breaking down stereotypes and biases, then, is to
interact with individuals of various other groups.
Although prejudice does exist and to some degree will always exist, victim
assistance and law enforcement professionals can minimize the negative effects
of prejudice and bias.
Ask the group to describe the most severe and the least severe forms of
prejudice they have witnessed in the communities where they work. Explain to
them that this is a good way to gauge the level of prejudice and hate in the
community.
Intercultural Communication
People in all professions and circumstances have difficulty interacting with
others from different backgrounds. Behaviors and attitudes in their own cultures
are no longer relevant when dealing with someone from a different culture. In
addition, behaviors that represent a well-adjusted person in their own culture
may be perceived as indicative of an ill-mannered person in another culture.
Describe the types of emotional reactions that individuals from different cultural
backgrounds are likely to experience when interacting with one another. Use
Transparency F3, "Emotional Reactions in Dealing with Cross-Cultural
Communication."[3]
Emotional Reactions in Dealing with Cross-Cultural Communication
o Anxiety: Individuals are often anxious about whether their behavior or speech
is appropriate, proper, and/or offensive.
o Disconfirmed expectations: Behaviors and speech of people from different
cultures may differ significantly from one another's expectations.
o Desire for feeling of belonging: In most interactions, people want to feel
accepted and understood by others. However, people of minority cultures are
often denied this feeling, since they are labeled "outsiders" in many of their
interactions.
o Confrontation with one's own prejudices: Part of most people's socialization
involves treating others who are noticeably different with reserve. In some
cases, people learn that rejection of those different from themselves is a socially
sanctioned policy. However, such prejudices are a hindrance when interacting
with people of different cultures.
Cultural Considerations for Working with Bias Crime Victims
Use Transparency F4, "Cultural Considerations," to discuss the effects of
culture on hate crime victims, their families, and the professionals who serve
them.[4]
Cultural Considerations
o Different cultures have different beliefs about justice, equity, and victimization.
o Culture is central to how clients do the following:
--Seek assistance
--Understand the crime as the cause of psychological difficulties
--View their symptoms
--Bring a view of hopefulness or pessimism to recovery
--Shape their attitude toward their pain
--View and respond to treatment
o Some cultural groups often maintain a belief in individual control over life and
individual responsibility for one's actions. One commonly articulated goal of
crisis intervention--to help individuals regain control over their lives after
victimization has occurred--works well with them.
o Many other groups, however, perceive life events as predetermined,
unchangeable, and not under individual control. If belief in control of one's life is
not part of one's conceptual framework, this type of intervention may be
meaningless.
Acknowledge that uncertainty about cultural considerations is widespread
among professionals. This is often compounded by a lack of agency support for
working in the community.
Explain that victims are influenced by a combination of factors:
o Those general to all people
o Those unique to different cultural groups
o Those specific to each individual
All three of these influences must be understood and respected in order to
provide effective crisis counseling and support services. It is important to
remember that each person is unique; the challenge for victim assistance
professionals is to learn how to best support the individual victim.
Explain that this curriculum cannot provide participants with an opportunity to
examine the different worldviews of different cultures in-depth. However, it is
nonetheless important for professionals to be aware of their own biases and
assumptions in terms of what the most appropriate or helpful response might
be, and to take their cues from bias crime victims to determine specific needs
for intervention.
Distribute Handout F2, "Guidelines for Providing Culturally Appropriate
Counseling," and explain that it is provided as a resource for their work with
victims, their families, and the larger community. Review the major strategies
discussed in the handout, using Transparency F5, "Culturally Appropriate
Counseling: An Overview."
Culturally Appropriate Counseling: An Overview
o Provide appropriate emotional support services to victims
o Identify potential issues in interviewing victims
o Use interpreters and translators
o Understand the victim's cultural history of oppression
o Observe differences in cultural considerations of time and space
o Recognize the importance of spiritual values
o Work effectively with family and friends of the victim
o Understand the role of the victim assistance professional
o Understand the role of the institution or agency
IV. Presentation: Community Impact and Outreach (10 minutes)
Explain that bias crime affects whole communities. Bias crime victimizes not
only the targeted individuals but all members of the targeted group, as well as
members of other commonly targeted groups. Use Transparency F6,
"Community Impact."
Community Impact
Working with the community is essential to:
o Reduce fears
o Stem possible retaliation
o Prevent additional bias incidents
o Encourage other victimized individuals to come forward and report crimes
o Condemn the bigotry that leads to violence
o Provide an outlet for collective outrage
o Create public awareness of the scope of bias crime and prevention strategies
o Control rumors
Describe effective types of police and victim in-service involvement with the
community in regard to bias crime:
o The police department and victim service agency should keep community
members, as well as victims, abreast of developments in the case, taking care
not to disclose any information that could jeopardize the investigation.
Keeping the community informed quells rumors and indicates that law
enforcement and victim assistance professionals are doing their jobs.
o Law enforcement and victim advocates' presence at ceremonies,
commemorations, memorial services, dedications, or other community activities
sends a message that the professionals care about the community and take bias
crime seriously.
o Meetings with neighborhood groups, community leaders, and members of the
targeted group build community trust in the police department and victim
service agency, and may assist in gathering needed information, quelling rumors,
stopping vigilantism, and reducing the potential for tension in the community to
escalate. Members of the community will often act as the "eyes and ears" of the
police department if they believe that law enforcement and victim service
professionals respond to bias crimes and incidents quickly and effectively.
o Many police departments and some victim assistance programs appoint a
special community liaison. This professional, who often speaks the predominant
language of the community, is in constant contact with the community members
and quickly receives information regarding bias-related incidents or the
presence of hate groups within the community.
o Proactive police and victim service professionals conduct prevention
programs in schools and community organizations on bias crime, racism, and
other forms of bigotry, which can be very effective in preventing these crimes.
Community Outreach[5]
The National Organization for Victim Assistance (NOVA) offers the following
recommendations to service providers for more effective outreach for bias
crime victims:
o Victim service providers should seek to let vulnerable communities know that
their assistance program is willing and able to serve victims of bias crime (e.g.,
by putting a notice of services available in newspapers and other media directed
at audiences facing bias). Announce service availability in a broad,
comprehensive statement.
o Outreach should be made, if requested, to the social or political leaders of the
victim's group. There is often a healing strength within the formal and informal
institutions of a group under attack.
o Learn what the culturally specific offerings of your own community. Involve
yourself in cultural activities to build awareness and appreciation of different
cultures. Read material relating to culture. Remember that information about
culture serves as a guideline; members of any given culture are individuals and
may not adhere to the generally accepted norms of their culture.
o Develop a network of service providers, with an emphasis on those of
different cultures than you. Don't be afraid or embarrassed to ask for help when
working with a victim of a culture different from yours.
o Take advantage of as many cross-cultural educational opportunities as
possible.
o If you are a member of the white American dominant cultural group, then be
aware that you know less about minority ethnic cultures than most minority
members know about your culture. While minorities need to learn about the
dominant culture's values in order to survive, most members of the dominant
group have not been required to have this knowledge about other cultures.
o Be aware of institutional and latent cultural bigotry, which includes racism,
sexism, ageism, and homophobia. While it is easy to identify obvious indicators
of bigotry, subtle signs of discrimination, ignorance, and prejudice may be more
difficult to observe.
Networking and Coalition Building
o While individuals and single organizations can have a tremendous impact,
broad-based networks and coalitions can exert even wider influence on bias
crime prevention policy and practice. Ultimately, the goal of bias crime
intervention is to change not only the behavior of potential offenders but the
community norms that support attitudes that lead to bias crime and enable it to
occur.
o Victim assistance and law enforcement professionals can mobilize themselves
and coordinate networks of existing organizations, or save time and effort by
having such organizations and coalitions serve as intermediaries to deliver
messages to their constituents.
Distribute Handouts F3, "Possible Network or Coalition Members," and F4,
"Community Change to Improve the Identification of and Response to Bias
Crimes."
Handout F1
Culture and Heritage
Choose one set of grandparents. For both your grandmother and grandfather in
that pair, answer these questions:
Where grandmother was born:
Where grandfather was born:
Language they spoke at home:
The translation/meaning of their last name (if you know or if there is one):
Where their parents came from (if you know):
Something you remember about their special customs or beliefs (e.g., about
holidays, spirituality/religion, the family, dinner time):
Transparency F1
CONTINUUM OF PREJUDICIAL BEHAVIOR
Least Severe
to
Most Severe
o Avoidance
o Negative speech
o Discrimination
o Physical attack
o Extermination
Transparency F2
THE DIMENSIONS OF PREJUDICE
Social Aspects
o Unequal group status in society results in unequal treatment of individuals
o Ingroup bias: People tend to see, or assume, greater similarity among
individuals in the outgroup than among individuals within their ingroup
Emotional Aspects
o "Scapegoat theory": Redirecting frustration and hostility outward
Cognitive Aspects
o Stereotyping: Attempt to simplify complex information that frequently results
in negative labeling and overgeneralizing
o Consequences of stereotyping: One tends to perceive individuals in a way
that is consistent with the stereotype, despite any conflicting evidence
o Remedy for stereotyping: Interaction with individuals of various other groups
Transparency F3
EMOTIONAL REACTIONS IN DEALING WITH CROSS-CULTURAL
COMMUNICATION
o Anxiety about appropriateness of one's behavior or speech
o Disconfirmed expectations about the behaviors and speech of people from
other cultures
o Desire for feeling of belonging, which can be impeded when people  are
viewed as "outsiders"
o Confrontation with one's own prejudices
Transparency F4
CULTURAL CONSIDERATIONS
o Different cultures have different beliefs about justice, equity, and victimization.
o Culture is central to how clients:
--seek assistance
--understand the crime as the cause of psychological difficulties
--view their symptoms
--bring a view of hopefulness or pessimism toward recovery
--share their attitude toward their pain
--view and respond to treatment
o Some cultural groups believe in individual control over life and respond well
to one goal of crisis intervention: to help individuals gain control over their lives.
o Other groups perceive life events as predetermined, unchangeable, and not
under individual control--therefore, some kinds of crisis intervention may be
meaningless to them.
Transparency F5
CULTURALLY APPROPRIATE COUNSELING: AN OVERVIEW
o Provide appropriate emotional support services to victims
o Identify potential issues in interviewing victims
o Use interpreters and translators
o Understand the victim's cultural history of oppression
o Observe differences in cultural considerations of time and space
o Recognize the importance of spiritual values
o Work effectively with family and friends of the victim
o Understand the role of the victim assistance professional
o Understand the role of the institution or agency
Handout F2
Guidelines for Providing Culturally Appropriate Counseling
1. Provide Appropriate Emotional Support Services to Bias Crime Victims
o Keep in mind that healing occurs in different stages that vary in length.
o Assure the victim that you will not disclose information--confidentiality and
anonymity are important to bias crime victims, especially those who do not
want to disclose their sexual orientation or residency status, or feel culturally
inhibited about disclosing their victimization.
o Give the victim time to express his or her feelings and allow for cultural
variance in expressing those feelings.
o Listen for the victim's immediate concerns, and help the victim identify options
for addressing those concerns.
o Allow victims to make their own choices, within their cultural context. Try to
support their decisions, even if the decisions aren't ones you would make within
your cultural framework.
o Search for the meaning of suffering and pain in the specific culture involved.
o Listen to how the victim uses language. Use the words that she or he uses.
o Seek options that are within the context of the victim's culture, particularly if
the victim's own beliefs or values are impeding the recovery process.
o Aid victims in identifying a support system. In cultures where privacy about
personal matters is a major issue, help victims decide who among their friends,
families, or co-workers could provide essential emotional support.
o Be aware of cultural and social expectations. Educate yourself about cultural
norms, beliefs, practices, and traditions that may be unfamiliar to you.
2. Identify Potential Issues in Interviewing Victims
o Examine your attitudes towards others' language skills, use of specific words,
speech patterns, and timing.
o Remember that language is based on a variety of cultural factors; response to
a crisis can alter a victim's usual communication patterns.
o Different languages may not have words that are analogous to English terms.
Share your definitions.
o Keep in mind that cultural restraints may prevent the victim from showing his
or her feelings.
3. Use Interpreters and Translators
o Screen interpreters for appropriateness in working with crime victims. Make
sure they are bicultural as well as bilingual.
o Ensure that translators for deaf or hearing-impaired individuals are certified in
American Sign Language.
o Assure victims of the confidentiality of the process.
o Speak slower rather than louder.
o Remember that there are three people involved: you, the interpreter, and the
client. Don't forget the client in your body language.
o The client may understand more English than she or he is able to express. Do
not reduce the client to a nonentity or infantilize him or her--talk with the client,
rather than about the client.
o Have patience. Don't expect a word-by-word translation. Sometimes long
conversations may be needed in the other language in order to communicate a
seemingly simple point in English.
o Encourage the interpreter to ask questions.
o Respect the interpreter's statement that a question is inappropriate and do not
push the point; if possible, wait until after the session and discuss it.
o Use clear and simple English until you are able to establish the vocabulary
level of the interpreter and adapt appropriately.
o Face the fact that you may not be totally in control, and be flexible.
o Just as you are the professional, the interpreter is the cultural professional--
respect each other's roles.
o Whenever possible, try to meet with the interpreter before the session and
receive feedback after.
o If you feel uncomfortable, always remember how much more uncomfortable
the client must feel.
4. Understand the Victim's Cultural History of Oppression
o While there are similarities among different groups in their experience of
prejudice, discrimination, and oppression, there are also differences that are
important to understand. Learn the history of different cultural groups.
o Keep in mind that the hate speech and symbols used in an attack serve as a
reminder of the violent history of such attacks against the victim's group.
5. Observe Differences in Cultural Considerations of Time and Space
o Cultures and individuals vary in what is a comfortable distance between
people and what is a violation of personal space--use education, observation of
body language, and good communication to determine what will make the
victim comfortable.
o Remember that cultures and individuals vary in comfort levels with various
degrees of touching.
o Remember that, in some cultures, looking someone directly in the eyes is a
sign of disrespect.
o Keep in mind that cultural and individual concepts of time vary.
6. Recognize the Importance of Religious and Spiritual Values
o Know that religious and spiritual values and beliefs play a role in all cultures.
o Meet with religious and spiritual leaders to learn from and work with them.
o Remember that even if a victim is not a member of a religious institution, the
community norms affecting him or her may be determined by religion.
o Service providers should include religious activities as options for service in
their victim assistance programs.
7. Work Effectively with the Family and Friends of the Victim
o Sometimes friends or family members will seek your assistance. Encourage
them to have the victim contact you directly.
o Allow family and friends to express their own reactions and concerns about
the attack.
o Family and friends will often experience reactions similar to those of the
victim. Assist them in finding supportive people to respond to their needs so
that the needs of the victim can remain your primary concern.
8. Understand the Role of the Victim Assistance Professional
o Your ability to show sensitivity to the victim's situation will be greatly
improved by recognizing and acknowledging your own beliefs and biases and
by gaining awareness of and respect for the ways that other cultures' values and
beliefs differ from your own.
9. Understand the Role of the Institution or Agency
o Be sensitive to the ways that the support you typically offer may not be
accessible to the victim:
--Does the victim have financial limitations to obtaining services (child care,
transportation, access to a telephone)?
--Does the victim feel safe and/or accepted in your office?
--Is the victim physically challenged or recovering from injuries, and are there
possible physical barriers to accessibility?
--Do you speak or understand the language of the victim? Are there brochures
and other materials available in the language of the victim?
Transparency F6
COMMUNITY IMPACT
Working with the community is essential to:
o Reduce fears
o Stem possible retaliation
o Prevent additional bias incidents
o Encourage other victimized individuals to come forward and report crimes
o Condemn the bigotry that leads to violence
o Provide an outlet for collective outrage
o Create public awareness of the scope of bias crimes and prevention strategies
o Control rumors
Handout F3
Possible Network or Coalition Members
Depending on the focus of the participant's department or organization,
members may include the following:
o Legislatures/government agencies: Governmental bodies at the national, state,
and local levels may enact legislative initiatives and appropriate funds for the
prevention and research of bias crime.
o Educational institutions: Public and private schools, vocational-technical
schools, community colleges, state and private colleges, and universities may
offer assistance in conveying bias crime identification and prevention messages.
o Civic organizations: Civic planners, community groups, and religious
institutions can provide insider access to particular populations.
o Mass media: Newspapers, radio, television, and cable television can be
asked to publicize specific interventions and strategies or particular resources
developed in a community to support bias crime victims and their families.
Media targeted to minority communities can be an invaluable tool in coalition
building.
o Health professions: Medical, nursing, and public health professionals in
academic, institutional, state, and local settings can help increase awareness.
o Public safety: Criminal justice professionals can be involved in enforcing laws
and regulations.
o Advocacy groups: Regional and state chapters of the Anti-Defamation
League, National Urban League, Gay and Lesbian Task Force,
American-Arab Anti-Discrimination Committee, Committee Against Anti-Asian
Violence, Asian Law Caucus, Japanese American Citizens League, and other
such organizations can advocate for victims.
Handout F4
Community Change to Improve the Identification of and Response to Bias
Crimes
Possible realms in which to target change:
o Organizational policies of law enforcement and victim assistance departments
and agencies and the criminal justice system
o Organizational policies of affiliated or collaborating organizations (e.g.,
hospitals or clinics) and community-based agencies
o Local municipal ordinances and state and federal initiatives
o Professional practice of individuals
Activities can include the following:
o Writing letters to the editor or guest columns of local papers, especially in
community newspapers and in broadcast media targeted to minorities
o Appearing on radio, television, or cable talk shows and programs to present
information and data to the community
o Writing short feature or point-of-view stories for inclusion in the newsletters
and publications of community and professional organizations and associations
o Sitting on the boards of related community organizations
o Making presentations and giving speeches at business and civic group
meetings (e.g., Chamber of Commerce, League of Women Voters) and
religious meetings
o Co-sponsoring events in collaboration with local community, religious, and
school leaders (e.g., memorials, family support, or fundraising events)
References
1 Allport, G. W. (1979). The nature of Prejudice, 25th anniversary edition.
Reading, MA: Addison-Wesley.
2 U.S. Department of Justice, Federal Bureau of Investigation (1992). Training
guide for hate crime data collection. Washington, DC: U.S. Government
Printing Office.
3 Adapted from Brislin, R., Cushner, K., Craig, C., and Yong, M. (1986).
Intercultural interactions: A practical guide. Newbury Park, CA: Sage.
4 Adapted from Parsons, E. (1985). Ethnicity and traumatic stress: The
intersecting point in psychotherapy. In Charles R. Figley (Ed.), Trauma and Its
Wake. New York: Brunner/Mazel.
5 Young, M. A., NOVA (1993). Victim assistance: Frontiers and
fundamentals. Dubuque, IA: Kendall/Hunt Publishing Company.
6 Adapted from the Ohio Coalition on Sexual Assault, Guidelines 1991.
----------------------------
Appendix A
A Model Hate Crime Protocol
San Diego County Regional Hate Crimes Procedure Manual
October 1999
The Law Enforcement Training Subcommittee of the San Diego (California)
Hate Crimes Community Working Group created this procedure manual. They
received help from many experts from the state of California and also borrowed
materials from the hate crimes training manuals created by the United States
Department of Justice and the training curricula created by the California Peace
Officers Standards and Training Hate Crimes Committees.
This protocol, developed by the San Diego Hate Crimes Community Working
Group, is provided as a useful model for agencies looking to develop policies
and procedures for preventing and responding to hate crime. Agencies will find
the information on prevention and on the roles of law enforcement officers
particularly helpful.
(Note: This protocol has been reprinted here with permission of the Hate
Crimes Unit of the County of San Diego Office of the District Attorney. Several
sections on laws and definitions have been omitted here because they were
specific to California law.)
Examples of Hate Crimes vs. Hate Incidents
Hate crimes are crimes motivated by bias against a victim based on his or her
actual or perceived race, religion, sexual orientation, gender, ethnicity, national
origin, or disability. Hate incidents are similarly motivated but lack the elements
of damage to property, harm--or the immediate threat of harm--or violence.
Examples of hate incidents as compared to hate crimes are as follows:
I. Example
A. Hate Incident
Three young male toughs purposely stand outside a convenience store in a
residential section of town where young, professional gay men and lesbian
women are known to live. As two men thought to be gay exit the store, all three
toughs begin taunting the perceived gay men, calling them insulting and
derogatory names. No physical contact or threats are made, but the humiliating
verbal barrage does not end until the perceived gay men enter their vehicle and
drive away.
(Officers shall complete an ARJIS 9 report and the additional
victim/witness form.)
B. Hate Crime
Same facts as above, but as men perceived to be gay exit the store, they are
approached by the same three toughs. Not satisfied with the response, the
toughs' behavior escalates:
1. One of the toughs goes up to one of the men and points his finger at the
victim and says, "I'm going to kick your ass, faggot."
(Please see P.C.  422.6(a), a misdemeanor.)
2. One of the toughs pushes one of the perceived gay men to the ground,
causing him to tear his suit pants and bruise his arm.
(Please see P.C.  242 & 422.7, a felony.)
3. When neither of the gay men fight back but rather enter their car to depart
the parking lot, a second tough produces a knife and slices the car's convertible
top (on the side), causing damage.
(Please see P.C.  422.6(b), a misdemeanor; if the damage exceeds $500,
please see 422.7, a felony.)
4. One of the toughs uses the same knife to violently stab the convertible top
near the driver's side. The perceived gay men are afraid of being stabbed.
(Please see P.C.  245(a)(1) and 422.75(c), a felony.)
II. Example
A. Hate Incident
When a bi-racial married couple, with two small children, move into a
predominately Hispanic neighborhood, the new arrivals begin to hear
graphically insulting comments regarding their respective races whenever they
are seen outside their home. Although the comments are not specifically
directed at them or their children, the new residents feel intimidated.
Two weeks after moving into the neighborhood, leaflets containing racist and
sexually explicit derogatory graphics are found scattered on the streets in the
neighborhood. When called, the police inform the couple that the leaflets are
protected by the First Amendment to our Constitution.
(Officers shall complete an ARJIS 9 report and the Additional Victim/Witness
form.)
B. Hate Crime
Same facts as above, however:
1.Six weeks after moving into their new home, a rock is thrown through the
family's living room window.
(Please see P.C.  422.6(b), a misdemeanor; if the damage exceeds $500,
please see 422.7, a felony.)
2. For three consecutive nights following the rock incident, random gun shots
strike the garage door.
(If the suspects continue to "engage in a pattern of conduct for the purpose of
terrorizing the owner," then this crime would be a felony under P.C. 
11411(b).)
III. Example
A. Hate Incident
Beginning one morning in early summer, residents of two different
neighborhoods--one predominantly African-American, the other Jewish--
awaken to find that their respective neighborhoods have been leafleted with the
same flyers. The flyers are graphically anti-African-American and anti-Jewish in
content and contain disgustingly graphic drawings depicting Jews and
African-Americans in unflattering poses.
The flyers continue to appear in the same neighborhoods on random mornings
over a six-month period. Not only are the flyers found on the street, some are
placed on the windshields of parked cars. Residents of both neighborhoods
contact various police agencies to complain about the flyers and demand an
investigation. The complainants are informed that the flyers are a form of free
 speech.
(Officers shall complete an ARJIS 9 report and the Additional Victim/Witness
form.)
B. Hate Crime
One morning, a Jewish family awakens to find swastikas  painted on their front
door. An African-American family similarly awakens to find Ku Klux Klan
graffiti painted on their driveway and spray-painted on their house.
(Please see P.C. 422.6(b) and P.C. 11411, misdemeanors. However, if the
suspects continue to "engage in a pattern of conduct for the purpose of
terrorizing the owner," then this crime could be a felony under P.C. 
11411(b).)
Prevention Efforts
Departments should develop and implement innovative strategies designed to
prevent and reduce the spread of hate crimes and hate-motivated incidents
within their communities. These programs should be consistent with each
department's mission and values statements. The programs should take an
educational approach and be tailored to the needs of the community.
Departments should engage community leaders and organizations in their
prevention efforts.
Departments should consider developing prevention efforts that include, but are
not limited to, the following:
A. Designating a specific person(s) to deal with hate crimes and hate-motivated
incidents as part of a regular assignment
B. Providing community awareness and education regarding hate crimes and
hate-motivated incidents
C. Building partnerships with community leaders and their organizations before
major hate-based incidents occur
D. Collaborating with K-12 schools and institutions of higher education to
develop proper prevention and response plans
E. Educating the community about reporting procedures, legal proceedings,
victims' rights, and victim assistance programs offered by the department or
other county support agencies
F. Ensuring that public outreach literature is readily available in appropriate
places within the community
G. Having personnel assist during investigations to work as liaisons between the
victim(s) and the department's investigators(s)
H. Participating in the collection and analysis of hate-based incident statistics
compiled by the department and/or other county agencies
I. Cooperating with law enforcement intelligence networks to better anticipate
potential targets of hate-based incidents
Reporting
I. Communications Operators
Each agency is responsible for ensuring that its communications staff receive
training to identify what constitutes a hate crime and a hate incident. This will
help ensure an appropriate law enforcement response to reported hate crimes
within each department's guidelines.
II. Responding Officer
When a responding officer determines that the acts complained of may
constitute a hate crime, this officer is responsible for conducting a thorough
preliminary investigation consistent with department policy. The fact that the
suspect may be biased against the victim's race, religion, disability, ethnicity,
national origin, gender, or sexual orientation does not mean that a hate crime
 occurred. Rather, the offender's criminal act must have been motivated, in
whole or in part, by his or her bias to be considered a hate crime.
Because motivation is subjective, it is difficult to know with certainty whether a
crime was the result of the offender's bias. Ideally, officers should locate
objective facts that would lead a reasonable person to conclude that the
suspect's actions were motivated, in whole or in part, by bias.
When completing the crime report, it is important that relevant information
concerning the race, ancestry, national origin, religion, sexual orientation,
gender, or disability of all persons involved be included in the report.
Additionally:
A. Mark "YES" in the Additional Offenses box.
B. Circle "YES" in the Hate Crime box.
C. Mark "OTHER" box in Suspect Actions category (Line 60) and write in the
words "HATE CRIME."
D. Enter the appropriate hate crime statute (e.g., P.C.  422.6, P.C.  422.7,
or P.C.  11411) in the Additional Offenses box (on Page 2).
E. Complete narrative consistent with department policy.
F. Remember that a victim may request non-disclosure of his or her name and
address pursuant to P.C.  6254(f). If so, state this fact in your report, do not
disclose the victim's information on the face sheet of the report, and use a
supplemental report to disclose the victim's name and address.
III. Reporting Procedures
Officers should forward a copy of all reports and "Field Identification" cards for
any suspected hate crime or hate incident to their agency's or area's hate crimes
detectives. (Please see list of investigative team members.)
IV. Reporting Hate Incidents
A. All reported hate incidents not rising to the level of a hate crime shall be
documented on an ARJIS 9 report.
B. The report will contain information concerning the race, ethnicity, religion,
gender, disability, or sexual orientation of the victim(s) involved.
C. The ARJIS Additional Victim and/or Witness form will be used and
attached to the ARJIS 9 report in order to capture accurately the identification
of those persons involved as victims, witnesses, or suspects.
D. These reports must be given an agency case number for tracking and
retrieval purposes. They should be forwarded to the person designated by your
agency to investigate, track, and monitor hate crimes.
These reports are extremely valuable when defendants are later prosecuted for
actual hate crimes and claim not to have biases.
II. Dealing with a Victim of a Hate Incident
A. Please see section on victim impact, Special Issues Regarding Victims.
B. Explain to the victim the difference between a hate crime and a hate incident.
C. Explain the department's policy on dealing with hate incidents (i.e., the
incident will not be forgotten).
D. Give the victim a list of resources in the community.
E. Advise the victim to call your department in the event another hate incident
occurs.
F. For suggestions on preventing hate incidents, please see the Prevention
Efforts section.
First Responder and Investigations
I. General Procedures
A. Pro-Arrest Policy
An arrest should be made in the event that there is reasonable cause to believe
that a hate-related offense has occurred. The arrest may be for a felony or
misdemeanor offense.
B. Felony Arrests
If an officer has reasonable cause to believe that a felony has occurred, an
arrest should be made.
(Note: P.C.  422.7 elevates certain misdemeanors to felonies when committed
"because of" the victim's membership in a protected class.)
C. Misdemeanor Arrests
If there is reasonable cause to believe that a misdemeanor offense has been
committed, an arrest should be made. A misdemeanor arrest can be made in
any of the following ways:
1. Misdemeanor committed in an officer's presence
A suspect should be arrested in the event that a misdemeanor hate related
incident occurs in an officer's presence. Such situations include, but are not
limited to, an officer's witnessing the following:
a. An act of violence against a person
b. Any act of vandalism
c. A direct threat against a victim in a protected classification
d. Any violation of a restraining order
2. Misdemeanor committed outside an officer's presence
If a person commits a misdemeanor upon a person in a protected classification,
a peace officer may arrest the person without a warrant if the victim or a
witness is willing to make a private person's arrest.
3. Private person's arrest
Any time a peace officer is called out on a hate related crime, the officer should
inform the victim of his or her right to make a private person's arrest. This
information shall include advising the victim how to safely execute the arrest.
This discussion should be held out of the presence of the suspect whenever
possible. An officer shall not dissuade complainants from making a private
person's arrest.
II. Preliminary Response to Hate-Related Cases
The first responder is without doubt the most critical officer in the investigation
of hate crimes. This officer's work at the scene of the hate crime will determine
whether a suspect is ultimately apprehended, whether the victim feels protected
or isolated, and whether the community can trust law enforcement to protect it.
The following steps should be included in an officer's investigation and
subsequent report:
A. Arrival at Scene
1. Determine what, if any, crime has occurred.
2. Separate the victim, suspect, and witnesses.
3. Prevent communication between parties.
4. Remove victim and witnesses from suspect's line of sight and range of
hearing.
B. Determining if a Hate Crime Occurred
The officer must look for all signs that may indicate that the crime was
motivated, in whole or in part, by the defendant's bias against the victim
because of the victim's membership in a protected class. The following are only
signs. The officer must still conduct a case-by-case investigation.
1. Victim and suspect are members of different groups.
2. Hate language is said before, during and/or after the crime.
3. Symbols of hate are on or in clothing or personal possessions.
4. Overly vicious injuries, more than what you may normally see for the
particular crime.
5. Gratuitous damage to items of cultural or religious importance.
6. History of the area: Other hate-related incidents have taken place there.
7. Suspect's motive: Suspect's prior similar acts.
8. A relevant date in the victim's or suspect's calendar.
9. Make-up of the victim's community.
10. Lack of other motives: Suspect does not know the victim.
If the incident does not constitute a specific crime, the report shall be titled
"Hate Incident." (Please see Reporting section.)
III. Special Issues Regarding Victims
Once the responding officer determines that a hate crime occurred, officers
need to be aware of the special impact hate crimes have on victims.
A. Primary Victim Impact
Stronger emotional trauma because the victim was selected due to a core
characteristic of their identity that is immutable:
1. Extra dimension of fear
2. Will feel more vulnerable to a repeat attack
3. Loses trust of any member of offender's group
4. May reject the aspect of self that was the target of the attack
5. Assumptions about life may be shattered
6. Stronger likelihood of serious or lethal injuries
Follow-up contact for victims should be arranged either by the investigator of
the case, a community relations officer, or a victim advocate. Witnesses may
need to be treated in the same manner as victims because they may be affected
emotionally by the crime.
B. Secondary Victim Impact
Refers to the victim's perceived rejection by the lack of expected support from
the community or by the response provided by the criminal justice system.
1. Victim trauma may be exacerbated by the insensitivity of others:
a. Police officers
b. Media
c. Neighbors
d. Co-workers
e. Prosecutors
f. Judges
2. Victims may feel betrayed and hopeless when they confront what they
perceive to be institutional prejudice.
C. Community Impact
When a hate crime occurs:
1. Victimization is projected outward to all members of the victim's wider
community.
2. Other members of the same group feel victimized.
3. Members of other commonly targeted groups are reminded of their
vulnerability to similar attacks.
4. The community is polarized into an "us-versus-them" mentality.
5. It impedes community spirit, morale, and growth.
6. Property values are lowered.
7. It increases security concerns at schools, churches, businesses, and private
homes.
IV. Conducting the Interviews
First responders should be aware that most hate crimes go unsolved for lack of
arrests. The services the victim receives on the field from you are likely to be
the only services the victim will receive from the criminal justice system.
A. General Interview Considerations
1. Before conducting interviews of victims, witnesses, and suspects, officers
need to know the elements of the hate crimes and know what the issues are
likely to be. The most common issues in hate crimes are identity, self-defense,
and denials of bias. Identify which one you have and solicit pertinent information
from all people involved, including witnesses, the victim, and especially the
suspects.
2. Provide extra security for the victim, if needed.
3. Remember that hate crimes may have a traumatic effect on all victims, which
may not be readily understood by persons outside of that particular victim's
community.
4. Obtain an interpreter (or, if time is of critical importance, use a family
member or friend) to interpret for a victim who does not speak in a language
understood by the officer.
5. Explain to the victim that your law enforcement agency takes hate crimes
very seriously and will fully investigate the incident.
6. Explain to the victim what the likely course of the investigation will be, and
prepare the victim for the possibility that a successful case may not be put
together.
7. Protect the anonymity of the victim whenever possible. Anonymity is of
significant importance for many victims of hate crimes, especially for gay and
lesbian victims, particularly if the victim is in the military.
B. The Victim Interview
1. Note the victim's physical condition:
a. Show concern for the victim's safety.
b. Specifically look for injuries and describe them in detail.
c. Make every effort to take pictures.
d. Determine if medical treatment is necessary.
2. Note the victim's emotional condition:
a. Show concern for the victim's feelings by telling the victim that you are sorry
the crime happened to him or her.
b. Be seen as a source of security and comfort.
c. Do not diminish the impact of the crime.
d. Allow the victim the opportunity to vent.
e. Display neutrality.
f. Be proactive and supportive.
g. Describe the victim's emotional state in your report.
h. Do not comment on the victim's judgment in terms of his/her own safety.
3. Determine the victim's financial damages (damages over $500 dollars may
rise the case from a misdemeanor to a felony):
a. Ask the victim how much it would cost to make him or her whole.
b. Describe the damages in detail.
c. Photograph damages.
d. If the damages involve graffiti, encourage the victim to remove the graffiti as
soon as possible.
e. Ask the victim to save all receipts.
4. General pointers
a. Obtain emergency contacts, telephone number, and pager number of the
victim.
b. Record any spontaneous statements of the victim.
c. Document any evidence of substance or chemical abuse by victim.
d. Do not allow personal value judgments of the victim's behavior, lifestyle, or
culture to intrude on the professionalism of your investigation.
e. Keep in mind the likely issues of identity, self-defense, and denials of bias, as
well as the issues presented by group crimes.
5. Specific questions:
a. Tell me what happened, in a narrative form. (When the victim is finished, ask
follow-up questions.)
b. Tell me exactly what the suspect said before, during, and after the incident
and how often.
c. Do you know why you were targeted?
d. Describe the suspect with as much detail as you can, including tattoos or
clothing.
e. How long have you lived in this area? Are you the only member (or one of a
few) of [a protected class] who lives in the area?
f. Have there been any prior incidents?
g. Has there been any recent public activity that would make you a target?
h. Have you been the victim of a hate crime in the past?
C. Cultural Barriers
1. Be aware that if the victims are from a background different from your own,
you may not know what is accepted behavior in their culture. You may not
understand the particular views of a minority person toward law enforcement.
2. Some victims may harbor feelings of fear or suspicion directed at law
enforcement.
3. Do not allow your personal value judgements of the victim's behavior,
culture, or lifestyle to intrude on the professionalism of your investigation.
4. Use appropriate terminology to describe minority groups. Be sensitive to the
fact that particular individuals may be offended if they are described as
belonging to a group with which they do not identify.
D. Undocumented Persons as Victims or Witnesses
Often migrant workers are victims or witnesses of hate crimes. Migrant
workers may be in the country without proper documentation. As a result,
some migrant workers feel that physical or verbal abuse can be attributed to the
cost of doing business. Generally, they do not want to be involved in the
criminal justice system for fear of deportation.
1. You may have to persuade the migrant worker to cooperate.
2. Stress that if the suspects are not stopped, their criminality will likely
escalate. The suspect may hurt the migrant worker's friends or relatives in the
future.
3. Get detailed information regarding their address or the address of people
they stay in contact with, including friends or relatives living here or in their
homeland.
4. Some migrant workers may give you a phony name. Therefore, it is a good
idea to take their picture.
5. Inform the individual that you may be able to obtain a federal parole for them
if they cooperate with the prosecution:
a. In some occasions, federal parole allows the parolee to stay in the country
and work legally, until his or her case is over.
b. Other times, the parolee may have to exit the country after the case is over.
c. Or, the parolee may be allowed to return to his or her undocumented status.
E. Witnesses
1. Make every reasonable effort to find and interview all witnesses, including
going door-to-door looking for witnesses. This sends a powerful message to
the community and potential offenders that law enforcement does not tolerate
such crimes.
2. Inquire from the neighbors as to the suspect's biased views or any other prior
act that may indicate the suspect's bias.
3. Interview all witnesses separately.
4. Record names, addresses, phone numbers, and emergency contacts.
5. If an interpreter is used, jot down the interpreter's identifying information, the
language used, and the interpreter's qualifications for that language.
F. Suspect Interview
This is a very important aspect of your investigation. You will probably never
have a chance to speak with the defendant again.
1. Describe suspect's location on arrival.
2. Describe suspect's physical condition.
3. Describe suspect's emotional condition.
4. If there is evidence of substance abuse by suspect, document it and conduct
an examination.
5. Some suspects may mistakenly assume that officers share their biased
perceptions. Accordingly, sometimes law enforcement officers can simply
encourage (of course, without the officer ever using hate language him or
herself) suspects to talk about their feelings toward a particular minority group,
including expressing his or her bias motivations.
6. Quote spontaneous statements and statements made during the investigatory
stage (pre-Miranda).
7. Make a determination as to whether the suspect needs to be given the
Miranda advisement (or if your questions are simply "investigatory"[1]).
8. If necessary, admonish the suspect and get his or her side of the story.
9. Ask how he or she feels about people with the victim's characteristics.
10. Ask specific questions:
a. How would you like it if someone like the victim moved next door?
b. How do you feel about this victim?
c. What did this person say or do to make you mad?
d. How did the victim provoke you?
e. How do you feel about this person or group?
f. Did the victim just happen to cross your path?
g. What were you doing in that part of town?
h. Do you back your race?
i. Was this your idea?
j. Has the victim's group hurt you or your friends?
11. Confront the suspect with physical evidence.
12. Confront the defendant with the witnesses and victim's statements.
13. Remember you can catch more flies with honey...
V. Collecting Evidence for Hate Crimes
Officers must look for any evidence that may help solve the probable issues of
identity, self-defense, and denial of biased motive.
A. Identity
You might not get enough evidence to identify a suspect after one crime, but
since hate offenders are often recidivists, the collection of as much identifying
information as possible will lead to a quicker arrest.
1.Ask every victim and witness to describe the suspect, and everything related
to the suspect, with as much detail as possible. For example: height; weight; hair
color, length, and style; facial hair; young or older; heavy or thin; tattoos; scars;
etc.
2. Since most people are bad at describing others, officer should ask the
person giving the description to use him or herself as a reference point. (Was
the suspect taller, heavier, balder, or older than the victim or witness?)
3. Get as much information as possible regarding any vehicles that the
suspect(s) might have used.
4. Get as much information as possible regarding the defendant's companions.
5. Take pictures of a dark scene; that way, you document whether or not it was
possible for the witnesses to see the defendant and his or her actions.
6. Ask the defendant if he or she has an alibi. If so, test it.
B. Self-Defense[2]
1. Describe crime scene.
2. Photograph crime scene, if applicable.
3. Determine if firearms or other weapons were present, and, if so, when the
weapons were used.
4. Impound and photograph all weapons and other evidence, including all
instrumentalities of the crime.
5. Conduct a detailed physical examination of the suspect in search of injuries
or the lack thereof.
6. Document and photograph these injuries or the lack thereof.
7. Note the victim's size and build.
8. Victim's physical injuries: Evidence depicting physical injuries is particularly
critical. This evidence helps determine the charges, settlement positions, and
sentencing goals. In the event medical treatment is necessary:
a. Transport victim, or have victim transported, to hospital.
b. Document complaints of pain and injuries.
c. Have the victim sign a medical records release form.
d. Interview treating physician and confirm nature and severity of injuries.
C. Denials of Bias
Even after officers have identified a suspect and determined that self-defense is
not an issue, the prosecution must still prove that the crime was committed
"because of" the victim's actual or perceived membership in a protected class.
1. Document the exact language used before, during, and after the commission
of an alleged hate crime. Hate language is the most common way to determine
whether the incident was motivated by bias.
2. It is important to recognize hate symbols.[3]
3. Seize any item that may go to bias (clothing, papers, pictures, etc.).
4. If appropriate, or necessary, ask for consent to search the defendant's
property in order to search for evidence of bias or confirm any denials of
non-bias.
5. Consider seeking a search warrant. Your local hate crime prosecutors will
be eager to help you.
6. When dealing with a threatening letter or a hate flyer:
a. Collect it and preserve it as evidence.
b. If you are responding to a phone call from a person who has received a
threatening letter, advise him or her to touch the letter as little as possible.
c. Do not fax or copy the document (to avoid contaminating fingerprint
evidence).
d. Place the threatening letter in a paper (not a plastic) bag so as to best
preserve fingerprints.
e. Arrange to have an officer promptly pick up the threatening letter, assuring
that the chain of evidence is maintained.
f. Touch it as little as possible.
7. Racist tattoos:
a. Ask the suspect what the tattoo means.
b. If in doubt as to the meaning of a tattoo, photograph it anyway.
c. Try to get a close-up picture of each tattoo.
VI. Group Crimes
A. General Concepts
Two or more individuals often commit hate crimes. As such, the prosecution
will often rely on conspiracy or aider-and-abettor theories of culpability.
1. Officers should try to figure out what each individual did.
2. Officers should try to determine the relationship amongst all the suspects to
one another, for example:
a. how they know one another
b. how long they have known one another
c. whether they were wearing similar clothing
d. whether they have similar tattoos
3. Officers should try to get specific identifying features for each suspect.
4. If the whole group did not equally participate in the crime, officers should try
to determine what the other suspects were doing at the time the crime was
being committed. For example:
a. whether they acted as lookouts
b. whether they acted as back-up muscle
c. what they were doing or saying during the crime
5. If you actually have suspects detained, line them up side by side and take
their photographs, depicting them from their front and back views.
6. If possible, ask the victim and witnesses to tell you at the scene exactly what
each individual suspect said and did.
B. Elements Of Conspiracy
A conspiracy is:
1. An agreement
2. Entered into between two or more persons
3. With the specific intent to agree to commit a crime,
4. Followed by an overt act committed by one of the parties for the purpose of
accomplishing the object of the agreement.
C. General Notes on Conspiracy
1. "Overt act" means any step taken or act committed by one or more of the
conspirators that goes beyond mere planning or agreement to commit a crime
and that is done in furtherance of the accomplishment of the object of the
conspiracy.
2. It is not necessary for the defendant to personally commit the overt act if he
or she was one of the conspirators when the alleged overt act was committed.
3. The "overt act" need not itself be a crime, or even an attempt to commit the
crime that is the ultimate object of the conspiracy.
4. For example: Tom and Joe agree to burn a community center belonging to a
minority group. They formulate a plan and buy the materials needed, but only
Tom drives to the center with the explosives. If Tom is caught in the parking lot
of the center, both Tom and Joe can be charged.
D. Elements of Aiding and Abetting
A person aids and abets when:
1. With knowledge of the unlawful purpose of the perpetrator;
2. With the intent or purpose of committing or encouraging or facilitating the
commission of the crime, and
3. By act or advice aids, promotes, encourages, or instigates the commission of
the crime.
E. General Notes on Aiding and Abetting
1. Mere presence at the scene of a crime, which does not itself assist the
commission of the crime, does not amount to aiding and abetting.
2. Mere knowledge that a crime is being committed and the failure to prevent it
does not amount to aiding and abetting.
3. For example: If Tom is committing a hate crime while Joe is being the
lookout and encouraging Tom by yelling slurs to the victim, Joe is aiding and
abetting Tom.
VII. Completing Crime Report
A. Maintain objectivity in reporting.
B. Avoid personal opinions.
C. Ensure that elements of all involved crimes are included in report (remember,
the prosecution will have to prove the crime plus the additional element of
motive, all beyond a reasonable doubt).
D. Document any injuries victim has sustained on the Hate Crime supplemental
form.
E. Document all evidence collected.
F. Specifically quote any slurs made, as opposed to reporting "hate language"
or "racial slurs."
G. Keep in mind that under Government Code  6254(F), the victim's name
and address may be withheld.
VIII. Victim's Rights/Officer's Duty to Advise
Give the victim appropriate referrals:
A. Explain the options available to the victim, including the private person's
arrest process, temporary restraining orders (if applicable), and, in cases of
arrest, the follow-up procedures and ensuing criminal proceedings.
B. Advise the victim of available community resources and the state victim
assistance program (Community-Based Organizations).
C. Advise the victim about his or her privacy rights as per Government Code 
6254(F).
IX. Bail Issues
Consider requesting a bail enhancement in situations where the amount listed in
the bail schedule is insufficient to ensure the victim's safety and the community's
fears.
Remember that under P.C.  422.7, violation of P.C.  240,  242, or  417,
or any vandalism with damage over $500, can be charged as a felony. P.C. 
422.75(c) can add up to four years in state prison to a sentence.
Further Investigative Follow-up
I. Follow-up Investigations
A thorough follow-up investigation must be conducted consistent with
department policy and procedure. Investigators should maintain liaisons with
appropriate state, federal, and local law enforcement agencies for intelligence
and information exchange and assistance, if applicable.
Please refer to suggestions made in the First Responders and Investigations
section.
A. Report Writing and Documentation
Prompt preparation of thoroughly written reports of an investigation is of vital
importance to the ultimate examination by prosecutors responsible for the filing
of criminal charges against the perpetrator(s). Investigators should be aware
that reports of hate crimes or hate incidents are forwarded to state and federal
justice departments for documentation purposes, in addition to being entered
into the ARJIS system countywide.
The referrals of reports of potential hate crimes to other enforcement agencies:
1. increase the chance of successful prosecution
2. enable law enforcement professionals to analyze patterns and trends of hate
crimes or hate incidents in a community
3. may establish evidence linking a particular suspect to more than one hate
crime
B. Situations with a Continuing Risk of Violence
Sometimes victims are in serious risk of further and repeat violence. This is
particularly the case when there has been group or mob activity directed at
minority individuals. Persons who commit hate crimes tend to repeat and
escalate their conduct unless they are stopped by law enforcement.
Consequently, victims of hate crime may be at risk of continued harm.
1. Assess the need for a continuing law enforcement presence in the
neighborhood or at the residence or business of the victim.
2. Increasing law enforcement presence (as by scheduling more frequent patrols
through a neighborhood) can send a strong deterrent message that further
bias-motivated violence will be addressed.
3. Assess the need for sophisticated alarm systems to be provided to victims at
their businesses or homes. Many law enforcement departments and agencies
have alarm units, which can be placed into a person's home or business and
activated by the person if he or she is in danger of attack.
4. Simple steps such as making sure that locks work and that outside areas are
properly lighted can significantly increase security to an affected victim.
5. Consider holding community meetings to try to dispel anxieties and present
accurate factual information, including differentiating an individual's act from a
pattern of behavior that can create community polarization and conflict.
6. Graffiti:
a. Graffiti aimed at a particular group is a message, which constantly repeats
itself to members of the affected group until the message is erased.
b. Encourage the property owner, perhaps with the help of community groups,
to remove the graffiti.
c. However, caution against using unsupervised youths to remove graffiti, as
they could be misconstrued as an opposing gang.
d. Some law enforcement departments and agencies have assumed the
responsibility for removing graffiti by providing funds or personnel or by using
community service hours.
C. Press and Community Relations
Hate crimes often are the focus of significant public and community attention. In
dealing with the press and with community members, and subject to
departmental procedures on press relations, the investigating officer should
firmly and forthrightly confirm if your agency is investigating whether or not the
alleged incident is a hate crime. The investigating officer should further state that
his or her agency considers the investigation of hate crimes and apprehension of
hate crime offenders to be of paramount importance. These types of strong
public statements:
1. demonstrate to the entire community the commitment of law enforcement to
stopping hate crimes, and
2. send a strong deterrent message to would-be perpetrators.
Remember that an inadvertent or casual comment minimizing the incident may
cause deterioration in the relations between law enforcement and the
community and may undermine any subsequent prosecution.
Conclusion
Hate crime victims are usually targeted not because of anything they have said
or done to the suspects or for financial gain, but because of who they are or
what they believe in. As such, hate crimes violate the very basic tenets of our
democracy by targeting the right of every resident to be himself or herself and
live safely and freely.
Perpetrators of hate crimes seek to send a message to the victim and his or her
community that they are unwanted, that they do not belong, and that the
community at large does not care about what happens to them. Although it is
unrealistic to believe that we can eliminate all hate crimes, we in law
enforcement can drastically diminish their impact by the approach we take
when dealing with hate crimes. We can send an even stronger countermessage.
We should communicate to the victim, the community, and the defendant that
we will do everything we can to apprehend those who seek to terrorize any
member of our community.
Notes
1 The suspect needs an advisement only if he or she is "in custody" and is being
"interrogated."
2 This defense is inconsistent with the identity defense. If a suspect claims self-
defense, then identity is no longer an issue. A self-defense case is easier to
prosecute than an identity case.
3 The Simon Wiesenthal Center publishes a useful resource on hate symbols
called The New Lexicon of Hate.
----------------------------
Appendix B
State Bias Crimes Statutory Provisions are not included in this ASCII plain-text
file. To view this document in its entirety, download the Adobe Acrobat graphic
file available from this Web site or order a print copy from Office for Victims of
Crime Resource Center at 800-627-6872.
----------------------------
Appendix C
Bias Crimes Statutes and Related Provisions Nationwide
Compiled by the Massachusetts Office of The Attorney General, Civil Rights
Division, October 1997. Reprinted with permission.
Alabama
Ala. Code  13A-5-13 (Penalty Enhancement) (1993)
Ala. Code  13A-11-12 (Institutional Vandalism, Desecration of Religious
Institutions) (1977)
Alaska
Alaska Stat.  12.55.155 (Penalty Enhancement) (1996)
Arizona
Ariz. Rev. Stat. Ann.  13-1604 (Institutional Vandalism, Desecration of
Religious Institutions) (1994)
Ariz. Rev. Stat. Ann.  13-1702 (Penalty Enhancement) (1997)
Ariz. Rev. Stat. Ann.  41-1750 (Data Collection) (1991)
Ariz. Rev. Stat. Ann.  41-1822 (Training Law Personnel) (1991)
Arkansas
Ark. Code Ann.  5-71-207 (Disturbing Religious Worship) (1975)
Ark. Code Ann.  5-71-215 (Institutional Vandalism and Desecration of
Religious Institutions) (1993)
Ark. Code Ann.  16-123-105 (Civil Action, Private, Damages) (1995)
Ark. Code Ann.  16-123-106 (Civil Action, Private, Damages and
Injunction) (1993)
Ark. Code Ann.  16-123-107 (Civil Action, Private, Damages and
Injunction) (1995)
California
Cal. Civil Code  52 (Civil Action, Private and Attorney General, Damages
and Injunction) (1994)
Cal. Penal Code  51.7 (Independent Criminal Civil Rights with Categories)
(1994)
Cal. Penal Code  136.2 (Stay Away Order once criminal charges filed)
(1996)
Cal. Penal Code  302 (Disturbing Religious Worship) (1994)
Cal. Penal Code  422.6 (Independent Criminal Civil Rights with Categories
and Institutional Vandalism) (1994)
Cal. Penal Code  422.75 (Penalty Enhancement) (1995)
Cal. Penal Code  422.9 (Violation of Civil Injunction is a Criminal Penalty)
(1987)
Cal. Penal Code  422.95 (Sensitivity Training) (1995)
Cal. Penal Code  594.3 (Institutional Vandalism and Desecration of Religious
Institutions) (1983)
Cal. Penal Code  11410 (Declaration of Purpose for Criminal Sanctions)
Cal. Penal Code  11411 (Cross Burning) (1991)
Cal. Penal Code  11412 (Obstructing Exercise of Religion) (1984)
Cal. Penal Code  1170.75 (Penalty Enhancement) (1994)
Cal. Penal Code  13519.6 (Data Collection and Training Law Personnel)
(1992)
Colorado
Colo. Rev. Stat.  18-9-113 (Institutional Vandalism and Desecration of
Religious Institutions) (1991)
Colo. Rev. Stat.  18-9-121 (Independent Criminal Civil Rights with
Categories and Institutional Vandalism) (1988)
Connecticut
Conn. Gen. Stat.  29-7m (Data Collection) (1987)
Conn. Gen. Stat.  33-37 (Independent Criminal Civil Rights with Categories)
(1949)
Conn. Gen. Stat.  46a-58 (Independent Criminal Civil Rights with Categories,
Cross Burning, and Desecration of Religious Institutions) (1984)
Conn. Gen. Stat.  46a-64 (Independent Criminal Civil Rights with
Categories--Public Accommodation Discrimination) (1990)
Conn. Gen. Stat.  46a-64c (Independent Criminal Civil Rights with
Categories--Housing Discrimination) (1992)
Conn. Gen. Stat.  52-571(a) (Civil Action, Private, Injunction) (1993)
Conn. Gen. Stat.  52-571(c) (Civil Action, Private, Damages) (1995)
Conn. Gen. Stat.  53-37(a) (Mask or Hood Wearing) (1982)
Conn. Gen. Stat.  53-37(b) (Independent Criminal Civil Rights without
Categories) (1993)
Conn. Gen. Stat.  53a-40a (Penalty Enhancement) (1990)
Conn. Gen. Stat.  53a-181b (Independent Criminal Civil Rights with
Categories and Institutional Vandalism) (1990)
Conn. Gen. Stat.  562-251b (Civil Action, Private, Damages) (1984)
Delaware
De. Code Ann. tit. 11,  304 (Independent Criminal Civil Rights without
Categories and Independent Criminal Civil Rights with Categories) (1997)
De. Code Ann. tit. 11,  805 (Cross Burning) (1993)
De. Code Ann. tit. 11,  1301(1)(g) (Mask Wearing) (1953)
De. Code Ann. tit. 11,  4209(e)(1)(v) (Penalty Enhancement--Aggravating
Circumstance in Death Penalty Statute) (1995)
District of Columbia
D.C. Code Ann.  22-3112.2 (Cross-Burning and Desecration of Religious
Institutions) (1983)
D.C. Code Ann.  22-3112.3 (Mask Wearing) (1983)
D.C. Code Ann.  22-4001 (Defines Bias-Related Crimes)
D.C. Code Ann.  22-4002 (Data Collection) (1990)
D.C. Code Ann.  22-4003 (Penalty Enhancement) (1990)
D.C. Code Ann.  22-4004 (Civil Action, Private, Damages and Injunction)
(1990)
Florida
Fla. Stat. Ann.  760.51 (Civil Action, Attorney General, Damages and
Injunction) (1994)
Fla. Stat. Ann.  775.085 (Penalty Enhancement and Civil Action, Private,
Damages and Injunction) (1992)
Fla. Stat. Ann.  775.0845 (Penalty Enhancement for Mask Wearing) (1995)
Fla. Stat. Ann.  806.13 (Institutional Vandalism and Desecration of Religious
Institutions) (1995)
Fla. Stat. Ann.  876.17 (Cross Burning, Public Place) (1993)
Fla. Stat. Ann.  876.18 (Cross Burning, Another's Property) (1993)
Fla. Stat. Ann.  877.19 (Data Collection) (1996)
Georgia
Ga. Code Ann.  16-7-26 (Desecration of Religious Institutions) (1968)
Ga. Code Ann.  16-11-37(b)(1) (Cross Burning) (1974)
Ga. Code Ann.  16-11-38 (Mask Wearing) (1968)
Hawaii
Haw. Rev. Stat.  711-1107 (Institutional Vandalism and Desecration of
Religious Institutions) (1993)
Idaho
Idaho Code  67-2915 (Data Collection) (1995)
Idaho Code  18-7301 (Independent Criminal Civil Rights with Categories)
(1972)
Idaho Code  18-7901 (Declaration of Purpose for Criminal Sanctions)
(1983)
Idaho Code  18-7902 (Independent Criminal Civil Rights with Categories,
Desecration of Religious Institutions, Institutional Vandalism, Cross Burning)
(1983)
Idaho Code  18-7903 (Civil Action, Private, Damages and Injunction) (1983)
Illinois
20 Ill. Comp. Stat. 2605/55a(A)31 (Data Collection and Training Law
Personnel) (1995)
720 Ill. Comp. Stat. 5/12-7.1 (Independent Criminal Civil Rights with
Categories and Civil Action, Private, Damages and Injunction) (1996)
720 Ill. Comp. Stat. 5/21-1.2 (Institutional Vandalism and Desecration of
Religious Institutions) (1994)
730 Ill. Comp. Stat. 5/5-5-3.2(a)(10) (Penalty Enhancement) (1996)
Indiana
Ind. Code Ann.  22-9.5-10-1 (Independent Criminal Civil Rights with
Categories--Fair Housing) (1993)
Ind. Code Ann.  35-43-1-2 (Institutional Vandalism and Desecration of
Religious Institutions) (1996)
Iowa
Iowa Code  692.15 (Data Collection) (1996)
Iowa Code  708.2C and 229A.2 (Independent Criminal Civil Rights with
Categories) (1995)
Iowa Code  712.9 and 729A.2 (Penalty Enhancement) (1992)
Iowa Code  716.6A and 729A.2 (Penalty Enhancement) (1992)
Iowa Code  729.4 (Independent Criminal Civil Rights with Categories--Fair
Employment Practices) (1987)
Iowa Code  729.5 (Independent Criminal Civil Rights without Categories,
Institutional Vandalism) (1992)
Iowa Code  729A.1 (Independent Criminal Civil Rights with Categories)
(1992)
Iowa Code  729A.4 (Training Law Personnel) (1992)
Iowa Code  729A.5 (Civil Action, Private, Damages and Injunction) (1992)
Kansas
An. Stat. Ann.  21-4003 (Independent Criminal Civil Rights with Categories)
(1993)
An. Stat. Ann.  21-4111 (Institutional Vandalism and Desecration of Religious
Institutions) (1994)
An. Stat. Ann.  21-4716 (Penalty Enhancement) (1994)
Kentucky
Ky. Rev. Stat. Ann.  15.331 (Training Law Personnel) (1992)
Ky. Rev. Stat. Ann.  17.1523 (Data Collection) (1992)
Ky. Rev. Stat. Ann.  344.450 (Civil Action, Private, Damages and Injunction)
(1996)
Ky. Rev. Stat. Ann.  525.110 (Institutional Vandalism and Desecration of
Religious Institutions) (1992)
Louisiana
La. Rev. Stat. Ann.  14:107.2 (Penalty Enhancement) (1997)
La. Rev. Stat. Ann.  14:225 (Institutional Vandalism and Desecration of
Religious Institutions) (1984)
La. Rev. Stat. Ann.  15:1204.2(B)(4) and 1204.4 (Data Collection) (1997)
La. Rev. Stat. Ann.  40:2403(H) (Training Law Personnel) (1997)
Maine
Me. Rev. Stat. Ann. tit. 5,  4681 (Civil Action, Attorney General, Injunction,
Violation of Injunction is a Criminal Penalty) (1995)
Me. Rev. Stat. Ann. tit. 5,  4682 (Civil Action, Private, Damages and
Injunction, Violation of Injunction is a Criminal Penalty) (1995)
Me. Rev. Stat. Ann. tit. 17,  2931 and tit. 5,  4684A (Independent Criminal
Civil Rights with Categories) (1987 and 1993)
Me. Rev. Stat. Ann. tit. 17-A,  507 (Institutional Vandalism and Desecration
of Religious Institutions) (1976)
Me. Rev. Stat. Ann. tit. 17-A,  507A (Desecration of Religious Institutions-
Cemetery/Burial Ground) (1987)
Me. Rev. Stat. Ann. tit. 17-A,  1151(8)(B) (Penalty Enhancement) (1995)
Me. Rev. Stat. Ann. tit. 25,  1544 (Data Collection) (1991)
Maryland
Md. Code Ann. art. 27,  470A (Independent Criminal Civil Rights with
Categories, Institutional Vandalism and Desecration of Religious Institutions)
(1994)
Md. Code Ann. art. 88B,  9 (Data Collection) (1992)
Massachusetts
Mass. Gen. Laws Ann. ch. 12,  11H (Civil Action, Attorney General,
Injunction) (1982)
Mass. Gen. Laws Ann. ch. 12,  11I (Civil Action, Private, Damages and
Injunction) (1982)
Mass. Gen. Laws Ann. ch. 12,  11J (Violation of Injunction is a Criminal
Penalty) (1985)
Mass. Gen. Laws Ann. ch. 22C,  33 to 35 (Data Collection) (1991)
Mass. Gen. Laws Ann. ch. 265,  37 (Independent Criminal Civil Rights
without Categories) (1979)
Mass. Gen. Laws Ann. ch. 265,  39 (Independent Criminal Civil Rights with
Categories and Diversity Awareness Program) (1997)
Mass. Gen. Laws Ann. ch. 266,  98 (Institutional Vandalism and Desecration
of Religious Institutions) (1960)
Mass. Gen. Laws Ann. ch. 266,  116B (Training Law Personnel) (1991)
Mass. Gen. Laws Ann. ch. 266,  127A (Institutional Vandalism and
Desecration of Religious Institutions) (1989)
Mass. Gen. Laws Ann. ch. 268,  34 (Mask Wearing) (1902)
Mass. Gen. Laws Ann. ch. 272,  38 (Disturbing Religious Worship) (1970)
Mass. Gen. Laws Ann. ch. 272,  98 (Independent Criminal Civil Rights with
Categories--Public Accommodations Discrimination) (1970)
Michigan
Mich. Comp. Laws. Ann.  14.101 (Civil Action, Attorney General, Damages
and Injunction) (1970)
Mich. Comp. Laws Ann.  750.147b (Institutional Vandalism, Desecration of
Religious Institutions, Cross Burning, Independent Criminal Civil Rights with
Categories and Civil Action, Private, Damages and Injunction) (1989)
Mich. Comp. Laws Ann.  752.525 (Disturbing Religious Worship) (1994)
Mich. Executive Order (Data Collection) (1996 and 1997)
Minnesota
Minn. Stat. Ann.  363.12 (Declaration of Policy for Criminal Sanctions)
(1993)
Minn. Stat. Ann.  609.2231 (Independent Criminal Civil Rights with
Categories) (1989)
Minn. Stat. Ann.  609.28 (Disturbing Religious Worship) (1994)
Minn. Stat. Ann.  609.595 (Institutional Vandalism) (1989)
Minn. Stat. Ann.  609.749(3) (1) (Penalty Enhancement) (1995)
Minn. Stat. Ann.  611A.79 (Civil Action, Private, Injunction and Damages)
(1996)
Minn. Stat. Ann.  626.5531 (Data Collection) (1997)
Minn. Stat. Ann.  626.8451 (Training Law Enforcement) (1993)
Mississippi
Miss. Code Ann.  97-17-39 (Institutional Vandalism and Desecration of
Religious Institutions) (1993)
Miss. Code Ann.  97-35-17 (Disturbing Religious Worship) (1993)
Miss. Code Ann.  99-19-301 and  99-19-307 (Penalty Enhancement)
(1994)
Missouri
Mo. Ann. Stat.  537.523 (Civil Action, Private, Damages and Injunction)
(1988)
Mo. Ann. Stat.  574.085 (Institutional Vandalism and Desecration of
Religious Institutions) (1997)
Mo. Ann. Stat.  574.090 (Penalty Enhancement) (1988)
Mo. Ann. Stat.  574.093 (Penalty Enhancement) (1988)
Montana
Mont. Code Ann.  45-5-221 (Independent Criminal Civil Rights with
Categories, Institutional Vandalism, Cross Burning) (1989)
Mont. Code Ann.  45-5-222 (Penalty Enhancement) (1989)
Mont. Code Ann.  49-2-601 and  49-2-602 (Independent Criminal Civil
Rights with Categories--Housing Discrimination) (1993)
Nebraska
Neb. Stat. Ann.  28-101 (Penalty Enhancement and Civil Action, Private,
Damages) (1997)
Neb. LB. 90, 1997 Legislative Session (Data Collection) (1997)
Nevada
Nev. Rev. Stat. Ann.  41.690 (Civil Action, Private, Damages) (1995)
Nev. Rev. Stat. Ann.  193.1675 (Penalty Enhancement) (1997)
Nev. Rev. Stat. Ann.  201.270 (Disturbing Religious Worship) (1995)
Nev. Rev. Stat. Ann.  206.125 (Institutional Vandalism and Desecration of
Religious Institutions) (1995)
Nev. Rev. Stat. Ann.  207.185 (Independent Criminal Civil Rights with
Categories) (1995)
New Hampshire
N.H. Rev. Stat. Ann.  651.6 (Penalty Enhancement) (1995)
New Jersey
N.J. Stat. Ann.  2A:53A-21 (Civil Action, Private and Attorney General,
Damages and Injunction) (1995)
N.J. Stat. Ann.  2C:12-1(b)(6)(e) (Penalty Enhancement) (1995)
N.J. Stat. Ann.  2C:33-4 (Penalty Enhancement) (1995)
N.J. Stat. Ann.  2C:33-9 (Desecration of Religious Institutions) (1979)
N.J. Stat. Ann.  2C:33-10 (Independent Criminal Civil Rights without
Categories) (1995)
N.J. Stat. Ann.  2C:33-11 (Institutional Vandalism and Desecration of
Religious Institutions) (1995)
N.J. Stat. Ann.  2C:44-3 (Penalty Enhancement) (1995)
Attorney General Directive No. 1987-3 (Data Collection) (1987)
N.J. Bias Incident Investigation Standards (Training Law Personnel) (Sept.
1991)
New Mexico
N.M. Stat. Ann.  30-13-1 (Disturbing Religious Worship) (1963)
N.M. Stat. Ann.  30-15-4 (Desecration of Religious Institutions) (1965)
New York
N.Y. Civ. Rights Law  40-c to -d (Independent Criminal Civil Rights without
Categories and with Categories) (1981)
N.Y. Exec. Law 63 (Civil Action, Attorney General, Damages) (1993)
N.Y. Penal Law 240.21 (Disturbing Religious Worship) (1967)
N.Y. Penal Law 240.30 (Independent Criminal Civil Rights with Categories)
(1992)
North Carolina
N.C. Gen. Stat.  14-3 (Penalty Enhancement) (1993)
N.C. Gen. Stat.  14-12.12 (Cross Burning) (1967)
N.C. Gen. Stat.  14-12.13 and 14-12.14 (Mask Wearing) (1993)
N.C. Gen. Stat.  14-49 (Institutional Vandalism, Desecration of Religious
Institutions) (1993)
N.C. Gen. Stat.  14-62.2 (Church Burning) (1997)
N.C. Gen. Stat.  14-144 (Institutional Vandalism and Desecration of Religious
Institutions) (1995)
N.C. Gen. Stat.  14-199 (Obstructing Religious Worship) (1993)
N.C. Gen. Stat.  14-401.14 (Independent Criminal Civil Rights with
Categories) (1993)
N.C. Gen. Stat.  15A-1340.16 (Penalty Enhancement) (1995)
N.C. Gen. Stat.  15A-1340.16(d) (Penalty Enhancement) (1994)
North Dakota
N.D. Cent. Code  12.1-14-04 (Independent Criminal Civil Rights with
Categories) (1973)
N.D. Cent. Code  12.1-14-05 (Independent Criminal Civil Rights without
Categories) (1973)
Ohio
Ohio Rev. Code Ann.  2307.70 (Civil Action, Private, Damages) (1990)
Ohio Rev. Code Ann.  2909.05 (Institutional Vandalism and Desecration of
Religious Institutions - burial) (1993)
Ohio Rev. Code Ann.  2927.11 (Desecration of Religious Institutions) (1986)
Ohio Rev. Code Ann.  2927.12 (Independent Criminal Civil Rights with
Categories) (1987)
Oklahoma
Okla. Stat. Ann. tit. 21,  850 (Independent Criminal Civil Rights with
Categories, Institutional Vandalism and Data Collection) (1992)
Okla. Stat. Ann. tit. 21,  915 (Disturbing Religious Worship) (1921)
Okla. Stat. Ann. tit. 21,  1765 (Desecration of Religious Institutions) (1921)
Oregon
Or. Rev. Stat.  30.190 (Civil Action, Private, Damages and Injunction)
(1983)
Or. Rev. Stat.  166.155 (Independent Criminal Civil Rights with Categories)
(1989)
Or. Rev. Stat.  166.165 (Independent Criminal Civil Rights with Categories)
(1989)
Or. Rev. Stat.  166.075 (Institutional Vandalism and Desecration of Religious
Institutions) 1971)
Or. Rev. Stat.  181.550 (Data Collection) (1989)
Pennsylvania
Pa. Cons. Stat., tit. 18,  2710 (Penalty Enhancement) (1982)
Pa. Cons. Stat., tit. 18,  3307 (Institutional Vandalism and Desecration of
Religious Institutions) (1994)
Pa. Cons. Stat., tit. 18,  5509 (Desecration of Religious Institutions)
(1973)
Pa. Cons. Stat., tit 42,  8309 (Civil Action, Private, Damages and Injunction;
Attorney General, Injunction; Violation of an Injunction is a Criminal Penalty)
(1997)
Pa. Cons. Stat., tit. 71,  250 (Data Collection) (1987)
Rhode Island
R.I. Gen. Laws  9-1-35 (Civil Action, Private, Damages and Injunction)
(1985)
R.I. Gen. Laws  11-5-13 (Penalty Enhancement) (1994)
R.I. Gen. Laws  11-11-1 (Disturbing Religious Worship) (1994)
R.I. Gen. Laws  11-42-3 (Independent Criminal Civil Rights with Categories)
(1994)
R.I. Gen. Laws  11-44-31 (Institutional Vandalism and Desecration of
Religious Institutions) (1986)
R.I. Gen. Laws  11-53-1 (Declaration of Purpose for Criminal Sanctions)
(1994)
R.I. Gen. Laws  11-53-2 (Cross Burning) (1994)
R.I. Gen. Laws  11-53-3 (Independent Criminal Civil Rights with Categories)
(1983)
R.I. Gen. Laws  42-28-46 (Data Collection) (1994)
R.I. Gen. Laws  42-28.2-8.1 (Training Law Personnel) (1993)
South Carolina
S.C. Code Ann.  16-5-10 (Independent Criminal Civil Rights without
Categories) (1994)
S.C. Code Ann.  16-17-520 (Disturbing Religious Worship) (1962)
S.C. Code Ann.  16-17-560 (Independent Criminal Civil Rights with
Categories-Political Rights/Opinions) (1994)
S.C. Code Ann.  16-17-600 (Desecration of Religious Institutions) (1994)
South Dakota
S.D. Codified Laws Ann.  22-19B-1 (Independent Criminal Civil Rights with
Categories and Institutional Vandalism) (1993)
S.D. Codified Laws Ann.  22-19B-2 (Cross Burning) (1993)
S.D. Codified Laws Ann.  22-19B-3 (Civil Action, Private, Damages) (1993)
S.D. Codified Laws Ann.  22-27-1 (Disturbing Religious Worship) (1976)
Tennessee
Tenn. Code Ann.  4-21-701 (Civil Action, Private, Damages) (1990)
Tenn. Code Ann.  39-17-309 (Independent Criminal Civil Rights without
Categories, Institutional Vandalism, Mask Wearing) (1990)
Tenn. Code Ann.  39-17-311 (Desecration of Religious Institutions) (1989)
Texas
Tex. Gov. Code Ann.  411.046 (Data Collection) (1991)
Tex. Penal Code Ann.  12.47 and Tex. Code Crim. Proc. art. 42.014
(Penalty Enhancement) (1993)
Tex. Penal Code Ann.  28.03 (Institutional Vandalism and Desecration of
Religious Institutions) (1994)
Utah
Utah Stat. Ann.  76-3-203.3 (Penalty Enhancement) (1992)
Utah Stat. Ann.  76-6-106 (Institutional Vandalism) (1996)
Utah Stat. Ann.  76-6-107 (Institutional Vandalism) (1996)
Vermont
VT. Stat. Ann. tit. 13,  1455 (Penalty Enhancement) (1990)
VT. Stat. Ann. tit. 13,  1456 (Cross Burning) (1990)
VT. Stat. Ann. tit. 13,  1457 (Civil Action, Private, Damages and Injunction)
(1990)
Virginia
Va. Code Ann.  8.01-42-1 (Civil Action, Private, Damages and Injunction)
(1988)
Va. Code Ann.  18.2-57 (Penalty Enhancement) (1997)
Va. Code Ann.  18.2-127 (Desecration of Religious Institutions) (1990)
Va. Code Ann.  18.2-138 (Institutional Vandalism) (1990)
Va. Code Ann.  18.2-422 (Mask Wearing) (1986)
Va. Code Ann.  18.2-423 (Cross Burning) (1983)
Va. Code Ann.  52-8.5 (Data Collection) (1988)
Washington
Wash. Rev. Code Ann.  9.61.160 (Threats to Bomb or Injure Religious
Institutions and Public Property) (1977)
Wash. Rev. Code Ann.  9A.36.078 (Declaration of Findings/Policy for
Criminal Sanctions) (1993)
Wash. Rev. Code Ann.  9A.36.080 (Independent Criminal Civil Rights with
Categories, Institutional Vandalism and Cross Burning) (1993)
Wash. Rev. Code Ann.  9A.36.083 (Civil Action, Private, Damages) (1993)
Wash. Rev. Code Ann.  36.28A.030 (Data Collection) (1993)
Wash. Rev. Code Ann.  43.101.290 (Training Law Personnel) (1993)
West Virginia
W. Va. Code  5-11-20 (Civil Action, Attorney General, Injunction and Civil
Penalties) (1998)
W. Va. Code  15-2-24(i) (Data Collection) (1977)
W. Va. Code  61-6-13 (Disturbing Religious Worship) (1993)
W. Va. Code  61-6-21 (Independent Criminal Civil Rights with Categories
and Penalty Enhancement) (1993)
W. Va. Code  61-6-22 (Mask Wearing) (1993)
Wisconsin
Wis. Stat. Ann.  895.75 (Civil Action, Private, Damages) (1996)
Wis. Stat. Ann.  939.641 (Penalty Enhancement for Mask Wearing) (1996)
Wis. Stat. Ann.  939.645 (Penalty Enhancement) (1996)
Wis. Stat. Ann.  943.012 (Institutional Vandalism and Desecration of
Religious Institutions) (1996)
Wyoming
WY. Stat. Ann.  6-9-102 (Independent Criminal Civil Rights with Categories)
(1982)
----------------------------
Appendix D
Resources
Bias Crime Bibliography
Allport, G. W. (1979). The Nature of Prejudice (25th ed.). Reading, MA:
Addison-Wesley.
American-Arab Anti-Discrimination Committee (1997). 1996-1997 Report on
Hate Crimes and Discrimination Against Arab Americans. Washington, DC:
American-Arab Anti-Discrimination Committee Research Institute.
American-Arab Anti-Discrimination Committee Research Institute (1988).
Cruel and Unusual: Negative Images of Arabs in American Popular Culture.
Washington, DC: American-Arab Anti-Discrimination Committee Research
Institute.
American Psychological Association (15 September, 1999). "Hate Crimes:
Causes, Consequences, and Current Policy: What Does Social Science
Research Tell Us?" American Psychological Association Homemade
(http://www.apa.org/ppo/pi/hatecrime.html).
American Psychological Association (27 September, 1999). "Hate Crimes
Today: An Age-Old Foe in Modern Dress." American Psychological
Association Homemade (http://www.apa.org/pubinfo/hate/).
Anti-Defamation League. Audit of Anti-Semitic Incidents (annual report). New
York, NY: Anti-Defamation League.
Anti-Defamation League. Hate Crimes Laws (annual report). New York, NY:
Anti-Defamation League.
Anti-Defamation League (1988). Hate Crime: Policies and Procedures for Law
Enforcement Agencies. New York, NY: Anti-Defamation League.
Anti-Defamation League (1996, March). Combating Hate Crimes in America's
Cities: The United States Conference of Mayors and the Anti-Defamation
League. New York, NY: Anti-Defamation League.
Anti-Defamation League (1996). Danger: Extremism--The Major Vehicles and
Voices on America's Far-Right Fringe. New York, NY: Anti-Defamation
League.
Anti-Defamation League (1997). Hate Crimes: ADL Blueprint for Action. New
York, NY: Anti-Defamation League.
Anti-Defamation League (1997). High-Tech Hate: Extremist Use of the
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Websites Relevant to Bias Crime
Anti-Defamation League
www.adl.org
Center on Juvenile & Criminal Justice
www.cjcj.org
Hate Directory: Hate Groups on the Internet
www.bcpl.lib.md.us/~rfrankli/hatedir.htm
Hate Watch
www.hatewatch.org/index1.html
International Association of Chiefs of Police
www.theiacp.org
Justice Research and Statistics Association
www.jrsainfo.org/main.html
Leadership Conference Education Fund
www.civilrights.org/lcef
National Association of Attorneys General
www.naag.org
National Center for Hate Crime Prevention
www.edc.org/HHD/hatecrime/
National Center for Injury Prevention and Control
www.cdc.gov/ncipc/ncipchm.htm
National Center for Victims of Crime
www.nvc.org
National District Attorneys Association
www.ndaa.org
National Organization for Victim Assistance
www.try-nova.org
Police Executive Research Forum
www.policeforum.org
Southern Poverty Law Center
www.splcenter.org
Stop the Hate
www.stopthehate.org
U.S. Department of Education
www.ed.gov
Office for Civil Rights
www.ed.gov/offices/OCR
Safe & Drug-Free Schools Program
www.ed.gov/offices/OESE/SDFS
U.S. Department of Justice
www.usdoj.gov
Bureau of Justice Assistance
www.ojp.usdoj.gov/BJA
Civil Rights Division
www.usdoj.gov/crt/crt-home.html
Federal Bureau of Investigation
www.fbi.gov
Uniform Crime Reports
www.fbi.gov/ucr.htm
National Criminal Justice Reference Service, Justice Information Center
www.ncjrs.gov
National Institute of Justice
www.ojp.usdoj.gov/nij
Office for Victims of Crime
www.ojp.usdoj.gov/ovc
Office of Juvenile Justice and Delinquency Prevention
ojjdp.ncjrs.gov