A Policymaker's Guide to Hate Crimes.
Series: BJA Monograph
Published: March 1997
78 pages
162,501 bytes
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
A Policymaker's Guide to
Hate Crimes
Monograph
March 1997
NCJ 162304
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This document was prepared by the National Criminal
Justice Association, supported by grant number 96-
DD-BX-0013, awarded by the Bureau of Justice
Assistance, Office of Justice Programs, U.S.
Department of Justice. The opinions, findings, and
conclusions or recommendations expressed 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.
Bureau of Justice Assistance
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The Bureau of Justice Assistance is a component of
the Office of Justice Programs, which also includes
the Bureau of Justice Statistics, the National
Institute of Justice, the Office of Juvenile
Justice and Delinquency Prevention, and the Office
for Victims of Crime.
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Foreword
In recent years hate crimes and related legal
issues have received a significant amount of
coverage and commentary in the news media. As a
result of several dramatic incidents of hate crimes
and domestic terrorism, public awareness and
concern over bias-motivated crimes have heightened,
and the topic has steadily moved up the political
agendas of leaders at every level of government.
These developments have led Attorney General Janet
Reno to seek an assessment of laws and strategies
designed to fight, gauge, and prevent
bias-motivated offenses; this monograph both
reflects and helps meet that commitment.
A Policymaker's Guide to Hate Crimes is the product
of a review of recent literature on hate crimes,
interviews with hate crime experts, and attendance
at congressional hearings and a planning meeting on
hate crimes and terrorism. It is meant to explain,
in layperson's terms, the scope and nature of the
Nation's hate crime problem and to provide a
general overview of the current responses to hate
crimes by local, State, and Federal government
agencies; law enforcement authorities; and civil
rights groups.
This monograph examines the significant strides
made by the Federal Government in creating a
baseline of raw data on hate crimes and the
problems that impede the reporting of hate crime
incidents. In addition, the monograph summarizes
current State laws and U.S. Supreme Court decisions
regarding hate crimes. Preventive measures and
tactics for dealing with hate crime offenders also
are discussed with references to vanguard programs
in specific communities.
We hope that this monograph will educate and guide
public officials in developing policies that
address one of the Nation's most insidious
problems.
Nancy E. Gist
Director
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Acknowledgments
The Bureau of Justice Assistance (BJA) would like
to acknowledge the following National Criminal
Justice Association staff members for their
contributions as authors of this monograph: Gwen
Holden, former Executive Vice President, Paul E.
Lawrence, Director of Administration and
Information Systems, Lisa Doyle Moran, Associate
Director for Legal Affairs, Robert Kapler, Senior
Staff Associate and Project Leader, and Jennifer A.
Ferrante, former Staff Attorney.
BJA would also like to acknowledge the assistance
provided by Michael Lieberman, Associate
Director/Counsel, D.C. Office, the Anti-Defamation
League; Brian Levin, former Counsel, Klanwatch,
Southern Poverty Law Center; Jack McDevitt,
Co-Director, Center for Criminal Justice Policy
Research, College of Criminal Justice, Northeastern
University (Massachusetts); Helen Gonzales, Public
Policy Director, National Gay and Lesbian Task
Force and Policy Institute; Daniel Katz,
Legislative Counsel, American Civil Liberties
Union; Darryl Borgquist, Media Affairs Officer,
U.S. Department of Justice's Community Relations
Service; the staff of the U.S. Department of
Justice, Federal Bureau of Investigation's Uniform
Crime Report Program; and the staff of the U.S.
Department of Justice's National Criminal Justice
Reference Service.
BJA would like to thank Faith Mitchell, Rosemary
Chalk, and Janine Bilyeu, National Research
Council, Commission on Behavioral and Social
Sciences and Education, Committee on Law and
Justice, who made it possible for the authors of
this monograph to take part in a seminal planning
meeting on hate crimes and terrorism.
BJA appreciates the assistance of the National
Crime Prevention Council (NCPC), which allowed BJA
to use information from the bias crime section of
the NCPC book 350 Tested Strategies To Prevent
Crime: A Resource for Municipal Agencies and
Community Groups (Washington, D.C., 1995). The
information from that book became an integral part
of the monograph chapter on specific
hate-crime-related responses and initiatives.
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Table of Contents
Executive Summary
Introduction: Origins and Definition of Hate Crimes
Hate Crimes Then and Now
Defining Hate Crimes
Chapter 1: Scope of the Hate Crimes Problem
Introduction
Hate Crime Statistics Act
Hate Crime Trends
Disparities in Statistics
Factors Influencing Reporting
Chapter 2: Understanding Hate Crimes
Characteristics of Hate Crimes
African Americans: Most Likely Victims
Arsons at Black Churches
Role of the Black Church
Public Responses
Federal Responses
Other Targets of Hate Crimes
A Climate for Hate Crimes
Trigger Incidents
External Influences
Scapegoating
Who Commits Hate Crimes?
Significance of Hate Crime Statistics
Chapter 3: The Role of Hate Groups
A New Strategy
A New Definition?
Chapter 4: Hate Crimes and the Law
R.A.V. v. City of St. Paul, Minn.
Wisconsin v. Mitchell
Other Decisions
The American Civil Liberties Union's Response
Chapter 5: Other Responses to Hate Crimes
Government Responses
Organizational Responses
A Closer Look at Responses in the States
Hate Crime Response Networks
Tracking Hate Crimes
Responding to Reported Incidents
Court Monitoring
Diversity and Tolerance Education
Multilingual Reporting and Education Services
Youth Leadership and Empowerment Programs
Police-Minority Partnerships and Associations
Diversity Awareness Media Campaigns
Community-Based Dispute Mediation Services
Support for Victims
Counseling Offenders
Other Suggestions
Notes
Appendix A: Bibliography
Appendix B: Sources for Further Information
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Executive Summary
Despite the best efforts of political and community
leaders to foster tolerance and understanding,
deep-seated racial tensions continue to plague the
Nation. News stories of bias-motivated incidents
fill the national pages of major U.S. newspapers. A
rash of arsons at African-American churches in the
South, for example, has spurred the Federal
Government to launch a major investigation that, so
far, has led to the arrest of 120 suspects. Of the
298 Federal arson investigations carried out
between January 1995 and November 1996,
approximately 43 percent involved fires at black
churches, although white churches far outnumber
black churches in the Nation. Political and
religious leaders said that the disproportionate
number of black churches being burned indicated
that the Nation was experiencing a serious wave of
hate crimes.
Hate Crime History
While the hate crime problem has moved up the
political agendas of policymakers at every level of
government in recent years, the phenomenon is
hardly new.
From the Romans' persecution of Christians and the
Nazis' "final solution" for the Jews to the "ethnic
cleansing" in Bosnia and genocide in Rwanda, hate
crimes have shaped and sometimes defined world
history. In the United States, racial and religious
biases largely have inspired most hate crimes. As
Europeans began to colonize the New World in the
16th and 17th centuries, Native Americans
increasingly became the targets of bias-motivated
intimidation and violence. During the past two
centuries, some of the more typical examples of
hate crimes in this Nation include the lynchings of
African Americans, cross burnings to drive black
families from predominantly white neighborhoods,
assaults on homosexuals, and the painting of
swastikas on Jewish synagogues.
What Is a Hate Crime?
For the purposes of this monograph, hate crimes, or
bias-motivated crimes, are defined as offenses
motivated by hatred against a victim based on his
or her race, religion, sexual orientation,
handicap, ethnicity, or national origin. While such
a definition may make identifying a hate crime seem
like a simple task, criminal acts motivated by bias
can easily be confused with forms of expression
protected by the U.S. Constitution.
What Makes Hate Crimes Different From Other Crimes?
The number of hate crimes may seem small when
compared with the incidence of other types of
crimes in the United States. In 1993, for example,
11 of the 24,526 murders reported in the United
States were classified as hate crimes, as were 13
of the 104,806 reported rapes. But the simple truth
about hate crimes is that each offense victimizes
not one victim but many. A hate crime victimizes
not only the immediate target but every member of
the group that the immediate target represents. A
bias-motivated offense can cause a broad ripple of
discomfiture among members of a targeted group, and
a violent hate crime can act like a virus, quickly
spreading feelings of terror and loathing across an
entire community. Apart from their psychological
impacts, violent hate crimes can create tides of
retaliation and counterretaliation. Therefore,
criminal acts motivated by bias may carry far more
weight than other types of criminal acts.
Causes and Characteristics of Hate Crimes
A host of factors may create a climate in which
people, motivated by their biases, take criminal
action. Such factors include poor or uncertain
economic conditions, racial stereotypes in films
and on television, hate-filled discourse on talk
shows or in political advertisements, the use of
racial code language such as "welfare mothers" and
"inner city thugs," and an individual's personal
experiences with members of particular minority
groups. Once a climate of hate is created, a single
incident -- such as the videotaped beating of Los
Angeles, California, motorist Rodney King -- can
trigger a wave of hate crimes.
Hate Crime Victims
African Americans, who constitute the single
largest minority group in the Nation, are more
likely to be targets of hate crimes than members of
any other group. Of the nearly 8,000 hate crimes
reported in 1995, almost 3,000 of them were
motivated by bias against African Americans. Other
typical victims are Jews, homosexuals, Muslims,
and, increasingly, Asian Americans.
Hate Crime Perpetrators
Most hate crimes are committed not by members of an
organized hate group but by individual citizens.
Some perpetrators resent the growing economic power
of a particular racial or ethnic group and engage
in "scapegoating"; others react to a perceived
threat to the safety and property value of their
neighborhood. Still other offenders include "thrill
seekers" -- those who randomly target
interchangeable representatives of minority groups
for harassment and violence, and "mission
offenders" -- those who believe they are on a
mission to rid the world of some perceived evil.
This last group accounts for a tiny percentage of
bias-motivated offenders. The majority of offenders
-- and passive observers -- are merely individuals
who believe racial and ethnic stereotypes and act
on spur-of-the-moment impulses. Frequently alcohol
or drug use is a factor in the commission of hate
crimes.
Are Hate Crimes Increasing?
Data Collection
The Hate Crime Statistics Act of 1990 (HCSA)
directs the U.S. Attorney General to collect data
from State and local law enforcement agencies about
crimes that "manifest evidence of prejudice based
upon race, religion, sexual orientation, or
ethnicity." Submission of such data is voluntary.
The Federal Bureau of Investigation's (FBI) Uniform
Crime Report (UCR) Program is the Nation's central
repository of hate crime statistics.
When the UCR issued its first report on hate crimes
in January 1993, fewer than one in five of the
Nation's law enforcement agencies were providing
data on these crimes. As of October 1996, nearly 60
percent of the 16,000 law enforcement agencies that
participated in the UCR were contributing hate
crime data, and 19 States had enacted statutes that
mandated hate crime data collection. More agencies
are expected to provide data on hate crimes as
States convert to the National Incident Based
Reporting System (NIBRS), a new, more comprehensive
crime reporting system that collects a variety of
crime information, including whether a crime was
motivated by bias and the demographic
characteristics of both the victim and
offender.
Hate Crime Trends
While there has been a concerted effort to
establish a statistical baseline of hate crimes at
the national level, uncertainty still exists about
whether the "hate crime rate" is rising or falling.
Nationally, the volume of hate crime incidents
seems to have increased dramatically in 1992,
stabilized and dipped during the following 2 years,
then increased again in 1995. According to the FBI,
State and local law enforcement agencies in 1991
reported 4,755 bias-motivated crimes, including 12
murders. The number of reported hate crimes rose to
7,466 incidents in 1992 and to 7,587 incidents in
1993. Reported hate crimes dropped nearly 30
percent to 5,852 incidents in 1994, then increased
in 1995 to 7,947 incidents, including 20 murders
(see figure A on page 7).
However, because many agencies do not submit hate
crime data or have not recorded hate crime
incidents, these statistics are suspect. If the
number of incidents reported each year is compared
with the number of agencies reporting, quite a
different story emerges. The ratio of the number of
incidents per reporting agency peaked in 1991 and
has been on a downward slide ever since, with a
slight bump up in 1995 (see figure B on page 7).
As of October 1996, five States still did not
collect hate crime data. Yet even if all States
were reporting these incidents it would be
difficult to gauge the level of the hate crime
problem in this country because bias-motivated
crimes typically are underreported by both law
enforcement agencies and victims.
Disparities in Statistics
Since the first UCR on hate crimes was released for
1991, hate crime data from law enforcement agencies
have differed significantly from those compiled by
private organizations. One of the reasons for the
disparity is that, while law enforcement agencies
report only actual crimes, advocacy groups usually
report all "incidents," even those that may not
rise to the level of a criminal offense. Many
police jurisdictions, especially those in rural
areas, simply do not have the manpower,
inclination, or technical expertise to record hate
crimes, and other jurisdictions fear that admitting
the existence of hate crimes will cause their
communities cultural, political, and economic
repercussions. Some private organizations, on the
other hand, record all hate crime incidents, even
unconfirmed reports from anonymous sources.
Why Some Victims Fail To Report Hate Crimes
Victims have a myriad of reasons for failing to
report hate crimes. Homosexual victims may decide
not to report hate crimes to police because of
fears of reprisals or a belief that they will be
forced "out of the closet." Such an "outing" may
cause repercussions to their career and
relationships with family and friends. Some victims
have little confidence that authorities will bring
the perpetrators to justice. Immigrant hate crime
victims may not be proficient in English or may be
undocumented aliens who fear that any contact with
police will increase their risk of deportation.
Other immigrants come from cultures that mistrust
law enforcement agencies, or they believe that
victims of bias-motivated crime are somehow
stigmatized. Some victims refuse to report such
crimes because they want to avoid the humiliation
of recounting the event.
What Has Been Done To Combat Hate Crimes?
To prevent future tides of hate crimes, political
leaders, law enforcement agencies, State and
Federal agencies, and public interest groups have
been working together to identify and track hate
crimes and to mitigate the conditions that foster
them.
Hate Crimes and the Law
Forty-seven jurisdictions across the United States
have enacted some form of legislation designed to
combat hate crimes. Thirty-nine States have enacted
laws against bias-motivated violence and
intimidation. Nineteen States have statutes that
specifically mandate the collection of hate crime
data. Meanwhile, dozens of law enforcement agencies
have promulgated new policies and procedures to
address hate crimes.
In two recent U.S. Supreme Court decisions, the
Court upheld a hate crime penalty-enhancement
statute but struck down an ordinance that
criminalized "fighting words" uttered to provoke
violence against individuals because of their
"race, color, creed, religion, or gender."
Hate Crime Initiatives
In the past 4 years, Congress and the Justice
Department have approved several new initiatives
designed to combat hate crimes and violence.
Several of these initiatives were included in the
1992 reauthorization of the Juvenile Justice and
Delinquency Prevention Act, as amended. Among the
measures was a requirement that each State's
juvenile delinquency prevention plan include a
component designed to combat hate crimes. Another
requirement was that the Justice Department's
Office of Juvenile Justice and Delinquency
Prevention (OJJDP) conduct a national assessment of
young persons who commit hate crimes.
The Justice Department's Community Relations
Service (CRS), the only Federal agency that exists
primarily to assist communities in addressing
intergroup disputes, has played a unique role in
helping to identify and prevent hate crimes. CRS
has participated in HCSA training sessions for
hundreds of law enforcement officials from dozens
of police agencies across the Nation and has
assisted schools and school districts in addressing
racial tension and conflict through programs in
peer mediation.
The newest and most innovative response to
bias-motivated crimes is the formation of "hate
crime response networks," which serve as
information clearinghouses on rights and services.
Massachusetts, California, and a few other States
are working to set up such networks. The California
Association of Official Human Relations Agencies,
for example, is developing regional hate violence
response networks in 10 regions in the State. The
network is set up like a wheel with many spokes. At
the hub is a human rights commission or other
appropriate public agency or nonprofit organization
that designates staff to coordinate the project or
acts as a fiscal agent. A series of committees make
up the "spokes," each representing a different
focus area, such as community activities, criminal
justice, schools, the media, and youth.
The Anti-Defamation League (ADL) has been involved
in a number of youth intervention and hate crime
education programs. In Massachusetts, for example,
ADL staffers from the organization's Boston
regional office and the A World of Difference
Institute worked with the State Attorney General's
Office to develop the Youth Diversion Project, in
which nonviolent youth offenders are diverted into
alternative education and community service
programs.
The Southern Poverty Law Center has a track record
of bringing lawsuits against organizations whose
members commit hate crimes on their behalf. In two
recent cases, the center won judgments of $12.5
million and $7 million, respectively, against the
White Aryan Resistance and the Ku Klux Klan for the
deaths by beating and lynching of two
African-American men. The center recently filed
suit against a State Ku Klux Klan organization on
behalf of an African-American church that was
torched by a Klan member.
Hate crime response experts -- including
representatives from the ADL -- are helping to
develop a model curriculum for the Federal Law
Enforcement Training Center to be used in the
instruction of Federal, State, and local police
officials. The National Gay and Lesbian Task Force
(NGLTF), meanwhile, has provided staff support,
literature, and technical assistance to community
anti-violence projects as well as local gay and
lesbian groups. The NGLTF also lobbies to have
sexual orientation included in the lists of
protected groups in State statutes and local
ordinances. Beyond its routine support activities,
the NGLTF intervenes in individual cases, keeps
files on political candidates, and publishes a
"score card" that rates a candidate's support or
opposition to gay and lesbian rights issues.
Increasingly, religious groups are recognizing the
need to promote racial and cultural tolerance. One
example is the Racial Reconciliation Initiative,
sponsored by the National Black Evangelical
Association and the National Association of
Evangelicals. Under the initiative, materials are
disseminated that help Christians understand the
source of conflicts between races.
What More Can Policymakers Do?
When law enforcement officers are trained to
identify, respond to, and record hate crime
incidents, more hate crimes actually are reported,
responded to, and prosecuted. The investigation,
prosecution, and punishment of especially notorious
or high-profile hate crimes tends to promote even
more reporting by victims and witnesses. If
potential victims know a reporting system is in
place and see a well-publicized case result in a
stiff sentence for the perpetrators, they will be
more likely to report a hate crime in the future
and would-be perpetrators will be discouraged from
acting on their impulses. Thus policymakers may
want to focus on developing initiatives and
strategies that promote training for law
enforcement officers, prosecutors, and judges and
new laws to ensure that all hate crimes are
recorded and acted upon.
Actions for Policymakers To Consider
Following is a list of focus areas that
policymakers might want to consider to enhance hate
crime responses by law enforcement agencies and to
help reduce the number of bias-motivated incidents:
o Despite the problems inherent in collecting hate
crime statistics on a national level, hate crime
experts agree that the Federal Government is headed
in the right direction by accumulating and
disseminating these data. Policymakers might want
to consider ways to provide a permanent mandate for
the HCSA to ensure that hate crime data remain a
fixed part of the UCR and possibly are reported in
the same document as other crime statistics.
o Recognizing the importance of collecting accurate
data on hate crimes, State policymakers might want
to support or introduce legislation that mandates
such data collection by all law enforcement
agencies in the State as part of their regular UCR
reporting process. In States without data
collection laws, policymakers might want to support
or sponsor legislation that requires law
enforcement agencies to collect hate crime data.
o Law enforcement personnel must be able to
identify, record, and act on hate crimes in an
effective, timely manner. Policymakers at the State
and Federal levels might want to make hate crime
training a regular part of all law enforcement
training. The Administration and Congress may want
to take measures to ensure that the FBI continues
to offer hate crime training and education to new
and veteran field agents. The FBI also may want to
obtain sufficient funding to continue to respond to
requests for hate crime training from State and
local law enforcement agencies.
o Accurately reporting and properly investigating
and prosecuting hate crimes takes thorough and
systematic training. Policymakers at both the State
and Federal levels might want to pass legislation
that provides funding incentives to State and local
law enforcement agencies to help support such
training.
o There are widespread disparities between the hate
crime data provided by government agencies and the
data provided by public interest groups. Political
leaders might want to bring representatives of law
enforcement agencies and private groups "to the
table" to develop and agree on a standard
definition and reporting protocol for hate crimes.
o The newest and most innovative response to
bias-motivated crimes is the formation of "hate
crime response networks," which serve as
information clearinghouses. Policymakers at the
State and Federal levels might want to support or
sponsor legislation to provide funding for State
and local hate crime response networks.
o Part of becoming a good citizen means learning to
understand other races and cultures. State and
local policymakers may want to ensure that hate
crime awareness or ethnic diversity curriculums are
provided in both elementary and secondary schools.
Such a curriculum recently was developed by
Educational Development Center Inc. under a grant
from OJJDP.
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Introduction: Origins and Definition of Hate Crimes
Hate Crimes Then and Now
The problem of hate crimes is hardly a recent
phenomenon. Earliest recorded history to the
present is rife with accounts of individuals
committing acts of intimidation and barbaric
violence against others simply because of their
race, religion, physical handicap, sex, or
political beliefs. From the Romans' persecution of
Christians to the Nazis' "final solution" for the
Jews, from the "ethnic cleansing" in Bosnia to the
genocide in Rwanda, hate crimes have shaped and
sometimes defined the history of nations.[1]
In the United States, hate crimes have been
inspired largely by racial and religious biases. As
Europeans began to colonize the New World in the
16th and 17th centuries, Native Americans
increasingly became the targets of bias-motivated
intimidation and violence. During the past two
centuries, the Ku Klux Klan's lynchings of African
Americans, cross burnings to drive black families
from predominantly white neighborhoods, and
swastikas painted on Jewish synagogues are some of
the more typical examples of hate crimes in this
Nation.
Since the mid-1980's, the problem of hate crimes in
the United States has received mounting public
scrutiny, largely as a result of several
sensational incidents. The shooting death of
controversial radio talk show host Alan Berg in
Denver, Colorado, in 1984 focused national
attention on the activities of a heretofore unknown
cadre of white supremacists. Two years later, three
African-American men were attacked -- one fatally
-- after their car broke down in a white New York
City neighborhood called Howard Beach. The news
coverage and analysis that followed these incidents
heightened public awareness of hate crimes and
moved the problem up the political agenda at both
the State and national levels.[2]
As a subject for news stories, hate crimes have
gained increasing prominence during the past
decade. A check of the Nexis[Trademark] computer
database for selected years illustrates the
ascendancy of "hate crimes" in the public's
consciousness. Searching for stories containing the
terms "hate crimes," "bias-motivated crimes," or
"gay-bashing" turned up 14 entries for 1986; 88
entries for 1988; 572 entries for 1990; 1,207
entries for 1992; 1,215 entries for 1994; and 1,021
entries for 1995. The 364 "hits" for 1996 as of
April 10, 1996, include the following incidents:
o In North Carolina three soldiers from Fort Bragg
were charged in the racially motivated killing of
an African-American couple in Fayetteville in
December 1995. The incident led to an Army
investigation in March 1996 into the involvement of
U.S. soldiers in extremist and hate groups.
o Three predominantly African-American churches
were burned in Louisiana in February 1996, and four
churches had been burned in Alabama since December
22, 1995.
o Also in February 1996, Virginia State police were
asked to help local police investigate attacks on
area houses of worship. The vandalizing
of two Jewish synagogues brought the number of
religious facilities that had been attacked in the
State in recent months to four.
o Police in St. Alban, Vermont, arrested two teens
in a racially motivated beating in February 1996
that left a 19-year-old Hispanic man blind in one
eye. A pipe, a tree limb, and a broken hockey stick
apparently were used in the attack, police said.
o In March 1996 in Corvallis, Oregon, racial
epithets were scrawled on several posters depicting
African Americans on the campus of Oregon State
University, which is trying to increase minority
enrollment. An African-American student also
reported that three students on a dormitory roof
shouted racial slurs at him in March 1996.
o In Mamaroneck, New York, a $15,000 reward was
offered for the arrest of vandals who spray painted
hate messages on seven houses in February 1996; six
of the homes belonged to Jewish families.
Defining Hate Crimes
While "hate crime" would be the term most often
used in the United States to describe an attack by
a white supremacist against an African American,
the act would be known in Germany as "right-wing
violence" or "xenophobic violence." In Britain and
France, it would be referred to simply as "racial
violence."[3]
The term "hate crime" entered the lexicon most
likely because it is broad enough to cover offenses
perpetrated not only against African Americans, but
also against gays, Muslims, Koreans, and members of
various other groups. The Hate Crime Statistics Act
of 1990 (see Chapter 1) defines hate crimes as
"crimes that manifest evidence of prejudice based
on race, religion, sexual orientation, or
ethnicity, including where appropriate the crimes
of murder, non-negligent manslaughter, forcible
rape, aggravated assault, simple assault,
intimidation, arson, and destruction, damage or
vandalism of property."
By 1993, fewer than half the States had adopted the
Federal definition of a hate crime, while other
States had added other victim categories.
Connecticut, for example, adds people with physical
disabilities to the list of possible victims;
Illinois' definition includes "color, creed,
ancestry, and physical and mental disability"; and
Rhode Island's definition includes disability and
gender. On the other hand, Pennsylvania does not
recognize sexual orientation as a victim
classification.[4]
For the purposes of this report, hate crimes -- or
bias-motivated crimes -- are defined as offenses
motivated by hatred against a victim based on his
or her race, religion, sexual orientation,
ethnicity, or national origin.
While such a definition may make identifying a hate
crime seem like a simple task, criminal acts
motivated by bias can easily be confused with forms
of expression protected by the U.S. Constitution. A
person's biases may compel him to announce his
dislike for the practice of homosexuality, which
would not rise to the level of a hate crime, or may
spur him to smear a swastika on a building or
commit homicide, which most certainly would be
identified as hate crimes.
----------------------------------------
Chapter 1: Scope of the Hate Crimes Problem
Introduction
In the area of criminal justice, it is a political
reality that public policy sometimes is driven more
by emotions and perceptions -- sometimes
misperceptions -- than hard empirical data. Still,
any State or local official who is attempting to
fashion sound public policy relating to hate crimes
must rely on statistics at one time or another.
Whether the best evidence shows that the number of
bias-motivated offenses is increasing or waning in
a geographic area will determine, to some extent,
the level of resources that a policymaker will want
to expend to solve a hate crime problem.
To that end, various social organizations,
Congress, and the U.S. Department of Justice have
made significant strides in recent years toward
establishing a statistical "baseline" of hate
crimes.
Hate Crime Statistics Act
In response to a perceived increase in hate crimes
in the late 1980's, especially skinhead attacks on
racial minorities, Congress in 1990 passed
legislation setting up a Federal system for keeping
track of bias-motivated incidents.[5]
The legislation, originally sponsored by Rep. John
Conyers (D-Michigan) and Sen. Paul Simon (D-
Illinois), was signed into law in April 1990 as the
Hate Crime Statistics Act (HCSA) (codified at 28
U.S.C. 534). The act directs the U.S. Attorney
General to acquire and publish annual data about
crimes that "manifest evidence of prejudice based
upon race, religion, sexual orientation, or
ethnicity." Such data are to be collected from
State and local law enforcement agencies, although
submission is voluntary. In an effort to help law
enforcement agencies to identify hate crimes
accurately, the act also requires the Attorney
General to establish guidelines for the collection
of such data.
The offenses covered by the act are homicide;
non-negligent manslaughter; forcible rape; assault;
intimidation; arson; and destruction, damage, or
vandalism of property.
Since passage of the act, the FBI has served as the
central repository of bias-motivated crime
statistics. The FBI's Hate Crime Data Collection
Program, a component of the agency's Uniform Crime
Report (UCR) Program, is managed by the agency's
Criminal Justice Information Services Division.
When HCSA expired on December 31, 1994, FBI
Director Louis Freeh ordered that hate crime data
collection continue.[6]
As of March 1996, the UCR had conducted 61 training
conferences nationwide. A total of nearly 3,700
conference attendees came from the 50 States and
the District of Columbia and represented 1,199
separate law enforcement agencies.[7]
To assist the FBI in its training efforts, the
Justice Department's Office for Victims of Crime
(OVC) funded a project to develop a comprehensive
hate crime training curriculum. The curriculum and
training manual, prepared by the
Massachusetts-based Education Development Center,
Inc., and the Massachusetts Criminal Justice
Training Council, were released as the "National
Bias Crimes Training for Law Enforcement and Victim
Assistance Professionals."
The FBI intends to study reporting differences
among law enforcement agencies with the Criminal
Justice Policy Research Institute at Northeastern
University, Boston, Massachusetts. The FBI also
intends to begin collecting data on disability bias
crime.[8]
When the UCR issued its first report on hate crimes
statistics for January 1991, 2,771 agencies in 32
States submitted data -- fewer than 1 in 5 of the
Nation's law enforcement agencies. Many localities
were unable or unwilling to collect data because of
tight budgets and limited manpower.[9] In 1992,
6,181 law enforcement agencies in 41 States and the
District of Columbia -- an increase of 3,410
agencies -- participated in the program. As of
October 1996, nearly 60 percent of the 16,000 law
enforcement agencies that participate in the UCR
were contributing hate crime data, and 19 States
had enacted statutes that mandated hate crime data
collection.
Because hate crimes are not defined as separate,
distinct offenses but are traditional crimes
motivated by a particular bias, hate crime
reporting is complicated by the need to determine
offender motivation. In 1990 the FBI consolidated
the Hate Crime Data Collection Program within both
the existing UCR summary program and the National
Incident Based Reporting System (NIBRS). NIBRS is a
new, more comprehensive crime reporting system that
collects a variety of crime information, including
whether a crime was motivated by bias and the
demographic characteristics of both victim and
offender. Bias motivation for a crime is one of the
56 facts collected for each offense record under
the new crime reporting format. More agencies are
expected to provide data on hate crimes as States
convert to the NIBRS. As of March 1996, 10 States
had converted from summary UCR reporting to
NIBRS.[10] As of March another 21 State agencies
and 3 Federal agencies[11] had submitted test data
to the NIBRS, and 12 other State agencies, the
District of Columbia, and Guam were in various
stages of planning and development to convert to
NIBRS.
Hate Crime Trends
While there has been a concerted effort to
establish a statistical baseline of hate crimes at
the national level, uncertainty still exists about
whether the "hate crime rate" is rising or falling.
"The bottom line is that we don't know. It looks as
if the best data we have is incomplete,"[12] said
Jack McDevitt, co-author of Hate Crimes: The Rising
Tide of Bigotry and Bloodshed.[13]
Nationally, the volume of hate crime incidents
seems to have increased dramatically in 1992,
stabilized and dipped during the following 2 years,
then increased again in 1995 (see figure A below).
However, if the number of incidents reported each
year is compared with the number of agencies
reporting, quite a different story emerges. The
ratio of the number of incidents per reporting
agency peaked in 1991 and has been on a downward
slide ever since, with a slight bump up in 1995
(see figure B below).
According to the FBI, State and local law
enforcement agencies in 1991 reported 4,755
bias-motivated crimes, including 12 murders. The
number of reported hate crimes rose to 7,466
incidents in 1992 and to 7,587 incidents in 1993.
Reported hate crimes dropped nearly 30 percent to
5,852 incidents in 1994, then increased in 1995 to
7,947 incidents, including 20 murders.[14]
As of October 1996, five States still did not
collect hate crime data. Yet even if all States
were reporting these incidents, it would be
difficult to gauge the true extent of the hate
crime problem in this country because
bias-motivated crimes typically are underreported
by both law enforcement agencies and victims.[15]
Disparities in Statistics
Since the first FBI hate crime report was released,
there has continued to be a wide disparity between
figures supplied by law enforcement agencies and
those compiled by various private organizations.
The first FBI report, for instance, showed that 421
hate crimes were committed nationwide against
homosexuals in 1991. Meanwhile, the National Gay
and Lesbian Task Force (NGLTF) Policy Institute
listed 1,822 such incidents in 5 major urban areas
alone in 1991: Boston, Chicago, New York, San
Francisco, and Minneapolis/St. Paul.[16]
The UCR for 1994 reported 677 antihomosexual
incidents in the Nation, down from the 860
incidents reported the previous year. According to
a report for 1994 released by the New York City Gay
and Lesbian Anti-Violence Project, for each
incident classified as antihomosexual by local law
enforcement, 4.67 incidents were classified as
antihomosexual by community agencies.[17]
For 1994, the Anti-Defamation League (ADL)
documented a total of 2,066 incidents of
anti-Semitic harassment, violence, and vandalism --
the highest in the ADL's Audit of Anti-Semitic
Incidents' 16-year history. The FBI, however,
reported 908 anti-Semitic incidents for that year
-- less than half the ADL's figure.
The UCR reported 258 hate crime incidents involving
Asian and Pacific Islander Americans in 1993 and
209 incidents in 1994, a decrease of 18 percent.
However, the National Asian Pacific American Legal
Consortium reported 452 incidents of violent hate
crimes against Asian and Pacific Islander Americans
in 1994, a 35-percent increase from the number the
group reported the previous year in its first
annual report.[18]
A drop of nearly one-third in the number of
officially reported incidents in 1994 -- despite
the fact that 6 percent more agencies had recorded
hate crimes incidents than the previous year --
generated a fair amount of skepticism among public
interest groups over the reliability of the UCR
data. Some jurisdictions were suspected of trying
to ignore or cover up very real hate crime
problems.
"There's a disconnect in the FBI's 1994 hate crime
statistics," said David H. Strassler, ADL national
chairman, and Abraham H. Foxman, ADL national
director, in a joint statement released by the ADL
in February 1996.
Despite the disparities, public interest groups
consider the establishment of a national baseline
of statistics essential. "The ADL considers a
two-paragraph box in USA Today that shows the
numbers are declining a bad thing," said Michael
Leiberman, associate director/counsel of the ADL's
Washington, D.C., office. "When the numbers are up,
[it] . . . means that at least the problem is being
addressed."[19]
Said NGLTF's Helen Gonzales, "You can read the
statistics in a couple of ways. More law
enforcement agencies reporting means that more
officers are becoming sensitized to the issue of
hate crimes. Secondly, even if statistics show a
dip in [hate crime incidents], they are a
reflection that a problem still exists out there.
Sure, we would love for there to be better
collection by law enforcement agencies in the
States. But this is a start."[20]
Factors Influencing Reporting
For various reasons many victims do not report hate
crimes, and public service organizations and police
agencies report hate crimes differently.
Depending on the jurisdiction, local law
enforcement may only record and report
bias-motivated "crimes" -- those incidents that
have been reported, investigated, and categorized
as hate crimes. Some advocacy groups, on the other
hand, classify all bias-motivated "incidents" as
hate crimes, whether or not they rise to the level
of criminal offense.[21]
The FBI prescribes a two-tiered decisionmaking
process to determine whether a perpetrator was
motivated by bias. An officer must follow a
rigorous protocol that involves answering the
following questions:
o Is the motive of the perpetrator known to be
bias?
o Does the victim perceive a bias?
o Are there any other reasons for the incident?
o Did the incident occur on or near a religious
holiday?
o Are there relevant demographic factors that might
create resentment or bias?
o Are there any symbols involved in the incident
that are associated with hate groups (such as Nazi
swastikas)?
Once those questions are answered, a second review
takes place in the police department before the
crime is classified as a hate crime.[22]
Some law enforcement agencies have a looser
definition of "hate crimes," while other
jurisdictions, especially those in rural areas,
simply do not have the manpower, inclination, and
technical expertise to record hate crime incidents
separately.[23]
Given the incendiary nature of hate crimes, some
State and local political leaders and law
enforcement officials discourage police and
sheriff's departments from collecting or
disseminating raw data. They consider any evidence
of hate crimes a "black eye" on their community and
fear the possible economic and political
repercussions.[24]
"It's alarming that a number of communities
reporting said that no hate crimes were committed
within their jurisdictions," said Stephen Arent,
vice chairman of the ADL's National Civil Rights
Committee. "Unfortunately there is a great deal of
denial. Many communities would say that hate crimes
don't exist."[25]
Public interest organizations have developed their
own methods and protocols for reporting hate crime
incidents, and as a result their numbers rarely
match Federal statistics. Some organizations
diligently record all incidents -- including
bias-motivated comments -- as hate crimes and
accept reports from all sources, even anonymous
sources.[26]
Many victims refuse to report hate crime incidents.
Some victims believe they would be revictimized,
especially if they come into periodic contact with
the offender(s). Homosexuals often are reluctant to
report an incident because they might be forced
"out of the closet" and would suffer repercussions
to their career and relationships with family and
friends from such an "outing."[27]
Some victims do report incidents but to no avail.
"In many cases, victims of anti-gay violence have
reported the incident to the police and either have
not been taken seriously or the incident was not
pursued as a hate crime. I've been working in my
job only 6 months, and the [anti-gay] violence has
predominated everything I do," said Gonzales.[28]
While the problem of victim underreporting is
particularly significant in the gay and lesbian
community, the stigma of "coming out" has lessened
in recent years. High-profile declarations by
entertainment, sports, and political figures such
as k.d. lang, Elton John, Martina Navratilova, and
Rep. Barney Frank (D-Massachusetts), point toward a
growing acceptance and tolerance of the gay
lifestyle. The reality, however, still is quite
different, Gonzales said. Recent incidents of
violence against gays in Colorado, Oregon, and
Maine, among other States, underscore the assertion
that, in many areas, gays "have the appearance of
equality but not the fact of equality."[29]
"In certain communities, especially urban
communities such as Washington, D.C., and San
Francisco, people do feel more comfortable coming
out" than they would have felt a few years ago,
Gonzales said. "As you move to rural areas and the
center of the country, the comfort level with
coming out is not as great, and those are the areas
where gays and lesbians will be less likely to
report hate crimes."[30]
Immigrants who become hate crime victims may have
difficulty speaking English or may be undocumented
aliens who fear that any contact with police will
increase their risk of deportation. Others come
from cultures that mistrust and fear law
enforcement. People from Southeast Asia or the
Middle East, where law enforcement often is used as
a tool of oppression, are particularly less
inclined to report hate crimes.[31]
In many cultures, being a victim of a
bias-motivated crime carries a stigma. In fact, in
some Asian communities, being a victim of a crime
is thought to bring shame to a family. Some victims
refuse to report a bias-motivated crime because
they consider it a degrading personal experience,
like a rape, and feel that filing a report will
leave them exposed to further humiliation.[32]
----------------------------------------
Chapter 2: Understanding Hate Crimes
Characteristics of Hate Crimes
Like other crimes, bias-motivated criminal acts
have specific characteristics. The UCR for 1994
illustrates that the majority of hate crimes are
committed by young white males against persons of
other races, and the most common crimes involve
simple assault or intimidation. Of the 7,144
bias-motivated offenses reported for that year,
5,115, or 72 percent, were crimes against persons,
including 2,792 incidents of intimidation and 1,305
simple assaults. Thirteen persons were murdered in
1991 in bias-motivated attacks. Another 2,023
offenses were committed against property, with
destruction, damage, or vandalism accounting for
1,734 incidents, or about 86 percent of the
property incidents.
According to the UCR, approximately 60 percent of
the hate crime incidents were motivated by racial
bias; 18 percent by religious bias; 12 percent by a
bias against sexual orientation; and 10 percent by
a bias against ethnicity or national origin.
Most crimes against persons typically are committed
by a family member or acquaintance. But when it
comes to hate crimes, an attack is more likely to
be committed by a stranger. In a study of 452 hate
crimes reported to the Boston, Massachusetts,
police, 85 percent involved offenders whose
identity was not known to the victims; in contrast,
one national study showed that about two-thirds of
all violent crimes are committed by strangers.[33]
Among hate crime offenders, juveniles and young
people are disproportionately represented.
Nationally, slightly more than one-quarter of all
crimes are committed by people younger than 20
years old, but about half of all hate crimes are
estimated to be committed by people younger than
20.[34] According to a study funded by the Office
of Juvenile Justice and Delinquency Prevention, an
estimated 17 to 26 percent of all hate crime
incidents recorded by law enforcement agencies are
committed by juveniles.[35]
Perhaps the most salient characteristic of bias
crimes is that they are more likely to involve a
physical assault. While historically about 11
percent of all crimes are assaults against persons,
for bias crimes assaults account for nearly
one-third of total cases reported.[36]
Because they are more likely to involve assaults,
hate crimes also are more likely to involve
physical injuries. Offenders often use what hate
crime experts call "imprecise weapons of
opportunity," such as bricks, bats, clubs, tree
limbs, and box cutters. As a result, hate crimes
tend to be excessively brutal and result in more
serious injuries than common criminal attacks.[37]
African Americans: Most Likely Victims
Historically, African Americans have endured the
greatest brunt of hate crime incidents. Nearly 4
out of every 10 hate crime incidents in 1994 were
classified as "anti-black." In more than half of
all criminal incidents of racial bias that year, an
African American was the victim. During the same
year, 15 percent of all hate crimes were directed
at Jews, and 11 percent were directed at gays.[38]
According to the UCR, the 2,988 anti-black hate
crime incidents in 1995 represented a 4-year high.
Part of the statistical increase in hate crimes
against African Americans is a reflection of better
reporting by both police and citizens. Yet better
reporting does not account for all of the increase.
Concluded one civil rights leader, "This Nation has
not yet come to grips with race relations."[39]
As members of the largest minority group in the
Nation, African Americans are mathematically more
likely than members of other target groups to be
victims of hate crimes. As of April 1995, there
were 193.3 million non-Hispanic whites living in
the Nation, accounting for 74 percent of the total
U.S. population. African Americans numbered
approximately 33 million, or 13 percent of the
population, followed by Hispanics, with 26.8
million; Asian Americans or Pacific Islanders, 9.2
million; and American Indians/Eskimos/Aleutians,
2.2 million.[40]
African Americans also are burdened by a history of
racial tension and violence that has its roots in
the institution of slavery, the residual effects of
which are being felt even today, 132 years after
the Civil War. As a result of State and local laws
and other sanctions that sprang up during and after
Reconstruction, blacks continued to be
discriminated against and segregated. Called "Jim
Crow" -- after a black character from a
19th-century song-and-dance act -- this official
and unofficial policy created a climate that
encouraged organized racist groups to commit acts
of terror and violence against blacks and
reinforced false yet persistent stereotypes.
Despite the best efforts of governmental and
private interests to foster a climate of tolerance
and compassion in the Nation, racial stereotypes
persist. A 1990 study by the National Opinion
Research Center called "Ethnic Images" found that a
majority of white respondents felt that blacks were
lazier, less intelligent, more violent, and less
patriotic than whites.[41]
While hate crimes traditionally had been directed
at African Americans, hate violence committed by
African Americans has been "escalating at an
alarming rate," according to Klanwatch, a Project
of the Southern Poverty Law Center. From 1991 to
the end of 1993, 46 percent of all racially
motivated homicides tracked by Klanwatch were
committed by African Americans on white, Asian, or
Hispanic victims. In 1990, by comparison, Klanwatch
documented one racially motivated murder committed
by an African American; the group documented no
cases in 1989.[42]
Arsons at Black Churches
A rash of arsons at African-American churches in
the South spurred the Federal Government to launch
a major investigation that, by November 1996, had
led to the arrest of 120 suspects. Of the 298 arson
cases probed between January 1995 and November
1996, approximately 43 percent involved fires at
black churches. Political and religious leaders say
that, because white churches far outnumber black
churches, the concentration of black church
burnings indicates that the Nation is experiencing
a serious wave of hate crimes.[43] One religious
leader called the arsons "the greatest outbreak of
violence against the black church since the height
of the civil rights movement."[44]
Some 94 black churches burned in the South between
January 1, 1995, and mid-November 1996, with Texas
leading the Nation for the most attacks, followed
by Tennessee, South Carolina, and Florida.
Eighty-six Southern churches designated as
"non-black" were torched in the same period,
although that figure could be lower: several houses
of worship that were not designated as African
American are Islamic mosques -- whose members tend
to be mostly black.[45]
Federal investigators are reluctant to estimate
what portion of the total number of arsons at black
churches appear to be racially motivated. Nearly
two-thirds of the individuals arrested on charges
of burning black churches are white, and about
one-third are African Americans. Of the individuals
arrested for setting arson fires at
African-American churches, a few are card-carrying
members of the Ku Klux Klan (KKK). But others
include a 13-year-old girl who holds anti-Christian
beliefs, a volunteer fireman who also is a
pyromaniac, and many juvenile vandals. Overall,
about 40 percent of the fires appear to have been
started by juveniles.[46]
Investigators have found that racial hatred is only
one of several motives behind the burnings. Some
fires appear to be the work of "copycats," burglars
covering their tracks, disgruntled church members,
thrill-seekers, or the result of insurance scams.
Many of the suspects apprehended thus far are
economically disadvantaged, poorly educated, and
abusers of alcohol.[47]
Federal officials first noticed a "spike" of black
church arson reports in January 1996, around the
birthday of slain civil rights leader Martin Luther
King, Jr. The number of reports increased as news
coverage intensified. Since the peak month of June,
the number of reports has decreased slightly from
six or seven a week to four or five a week.[48]
The spike occurred after a decade in which the
overall number of church arsons appeared to be on
the decline. According to the National Fire
Protection Association (NFPA), a nonprofit
organization that promotes fire safety, there were
1,420 church arson fires in 1980 compared with 520
in 1994 -- a decrease of 63 percent. Property
damage caused by arson was estimated at $16 million
in 1994, down from as high as $30 million in
previous years. Since 1980, the annual number of
reported church arsons increased in only two years
-- 1984 and 1991. (Because of a five-quarter lag in
the collection, reporting, and compilation of arson
statistics, national church arson figures for 1995
are not expected to be ready until March 1997,
according to the NFPA.)
Despite indications that the overall number of
church arsons has been waning in the past decade,
both civil rights leaders and hate crime experts
say that public recognition of the church arson
problem is long overdue. "[The church burnings]
have brought out the race relations problem in this
country," said one civil rights leader.[49]
Role of the Black Church
African-American churches have always been
vulnerable to arson attacks. Many churches are
small wood-frame structures located in isolated
rural areas without smoke alarms, burglar alarms,
or other security devices.[50]
The lack of amenities, however, masks the powerful
role that churches historically have played in
black communities. The influence of the black
church was such that during the 18th and 19th
centuries, many States and counties had laws that
prohibited slaves from gathering for religious
services because of fears that such gatherings
might lead to spontaneous or organized
insurrection.[51]
The first recorded arson destroying a black church
occurred in South Carolina in 1822, and the
practice persisted throughout the Civil War. Arson
became a favorite tool of intimidation and
destruction for racists during the civil rights
movement of the 1950's and 1960's. Churches were
popular targets because they often served as
meeting places for activists seeking to end
segregation or ensure voting rights.[52]
During those turbulent years, "Night Riders" --
descendants of the night patrols that used to roam
country roads enforcing curfews during slave times
-- terrorized the black community by firebombing
black churches and homes. Night Riders were part of
a well-organized effort to maintain segregation in
the South that was largely orchestrated by members
of the Knights of the Ku Klux Klan.[53]
Public Responses
The Center for Democratic Renewal, an organization
that advocates the prosecution of racist groups
such as the KKK, was one of the first organizations
to bring the problem of church burnings to national
attention. Shortly after the burning of three
churches in the Boligee, Alabama, area in December
1995 and January 1996 -- and a spate of other fires
in Louisiana and Tennessee -- the organization,
based in Atlanta, Georgia, began issuing regular
reports on church burnings.[54]
Later, the New York-based National Council of
Churches -- whose director also sits on the board
of directors of the Center for Democratic Renewal
-- also began issuing press releases about the
church burnings. Soon, reporters from all of the
major news organizations were converging on the
town of Boligee and its 258 citizens, and each new
arson report attracted national coverage. As church
arsons grew in the Nation's consciousness, other
civil rights and religious groups entered the
fray.[55]
The Christian Coalition in April 1996 offered
rewards of $25,000 to anyone who could provide
information that would lead to the arrests of
church arsonists. Less than 2 months later, Ralph
Reed, director of the Christian Coalition, promised
that his organization would raise at least $1
million to help rebuild black churches and would
set up a special fund to provide alarms, motion
detectors, outdoor flood lights, and smoke
detectors for rebuilt churches. Reed also called
for a day of national racial reconciliation, which
was held on Sunday, July 14, 1996, at churches
around the country.[56]
Meanwhile, the National Council of Churches
launched a $4 million fundraising drive to rebuild
black churches and assist multiracial
congregations. By October, the organization, joined
by the American Jewish Committee and National
Conference of Catholic Bishops, had collected more
than $6 million.[57] The National Black Evangelical
Association and the National Association of
Evangelicals -- whose membership includes 52
Protestant denominations and thousands of
independent churches -- also established a
rebuilding fund.[58] The 15.6-million-member
Southern Baptist Convention, the Nation's largest
Protestant denomination, reportedly raised $282,000
among delegates to its annual convention.[59]
When two former Klansmen were indicted on civil
rights violations for allegedly conspiring to burn
a South Carolina church in June 1995, the Southern
Poverty Law Center filed a civil lawsuit on behalf
of the church. The two had pleaded guilty to
criminal charges for torching the Macedonia Baptist
Church in Bloomville, South Carolina, and the Mount
Zion AME Church in Greeleysville, South Carolina.
In its civil suit filed on behalf of Macedonia
Baptist, the center alleges that the men were
acting as agents of the KKK when they lighted the
fires. Such a lawsuit represents the linchpin of a
strategy that the organization has used
successfully in similar cases of racial terror:
holding a group financially responsible for the
racist crimes of its members.[60]
Meanwhile, the U.S. Commission on Civil Rights held
a series of public forums in seven Southern states
to examine the conditions that contributed to the
wave of arsons. The eight-member bipartisan panel
published a series of reports summarizing the
concerns and observations expressed at the forums.
(A final report on the forums, part of a 5-year
project that began in late 1991 to gauge the nature
of race relations in the nation, is expected to be
released in late 1997.)
The reports assert that the arsons reflect
deep-seated racial animosity and segregation in the
South but caution that racial hatred is just one of
several explanations for the fires. "We could not
find a pattern as such or a conspiracy," said
Melvin Jenkins, the commission's central States
regional director. "But we do know that some whites
are involved and [that] the good ol' boy network is
at work. And some of it boils down to a cluster
effect -- where you have several church arsons
within a 100-mile radius."[61]
Federal Responses
To help church congregations rebuild in the
aftermath of arsons and bring the perpetrators to
justice, President Clinton launched a major Federal
initiative in the summer of 1996. First, he ordered
the Justice and Treasury departments to collaborate
in a massive investigation of church arsons. More
than 200 agents from Justice's Federal Bureau of
Investigation and Treasury's Bureau of Alcohol,
Tobacco and Firearms formed a task force, and
hundreds more State and local law enforcement and
fire officials formed regional task forces that
operate out of U.S. attorneys' offices across the
States.[62]
On July 3, Clinton signed the Church Arson
Prevention Act of 1996 (H.R. 3525), which makes it
easier to prosecute church arsons as Federal
offenses.[63] The law enhances penalties for
damaging religious property or obstructing any
person's free exercise of religious freedom if the
offense in some way affects interstate commerce.
Previously, the provisions applied only when a
suspect crossed State or national lines and the
loss exceeded $10,000. The law also provides
compensation to churches that fall prey to arsons
and extends Federal hate crime and crime victim
protections to churches attacked because of the
ethnic or racial composition of their memberships.
In addition, the act directs the U.S. Department of
Housing and Urban Development to guarantee private
loans amounting to $5 million to rebuild destroyed
churches and reauthorizes the Hate Crime Statistics
Act of 1990, which directs the Justice Department
to collect hate crime data from State and local
jurisdictions.
On July 19, Clinton announced a national arson
prevention initiative, instructing several Federal
agencies to coordinate all available Federal,
State, local, and private resources to foster arson
prevention and establish an arson prevention
clearinghouse.[64]
A week later, Clinton and leaders of eight national
fire service organizations signed the President's
Partnership for Fire and Arson Protection, which
resulted in the publication of several church arson
prevention brochures. Clinton also made $6 million
available from the Justice Department through the
Bureau of Justice Assistance to 1,291 communities
in 13 targeted Southern States. The funds may be
used to support efforts to enhance law enforcement,
intensify surveillance of churches, hire additional
employees, or reimburse overtime expenses.[65]
Other Targets of Hate Crimes
Two groups to experience a surge of hate crimes in
the past 2 years are Asian Americans (including
Pacific Islanders) and homosexuals. According to
the UCR, the number of bias-motivated offenses
targeting Asian Americans increased nearly 70
percent in 1995 compared with the previous year,
from 209 incidents to 355 incidents, and 38 percent
since 1993.[66] A civil rights group tracking hate
crimes against Asian Americans reported 458
incidents in 1995, 452 incidents in 1994, and 335
incidents in 1993.[67]
Incidents against gays (including bisexuals)
increased 51 percent in 1995 compared with the
previous year, from 663 to 1,002 incidents. The
number of incidents increased 20 percent since
1993, according to the UCR.[68]
Of all religious groups, Jewish people are most
likely to be the targets of bias-motivated
offenders. In 1995, offenses against Jews accounted
for 1,058 of the 1,277 incidents involving a hatred
for a particular religion, about 83 percent.[69]
Because these crimes often involve vandalism
against synagogues, schools, and cemeteries, Jews
are more likely than other groups to report
incidents to authorities.[70]
A Climate for Hate Crimes
A host of factors may create a climate in which
people, motivated by their biases, take criminal
action. Such factors include poor or uncertain
economic conditions, racial stereotypes in films
and on television, hate-filled discourse on talk
shows or political advertisements, the use of
racial code language such as "welfare mothers" and
"inner city thugs," and an individual's personal
experiences with members of particular minority
groups. Once a climate of hate is created, a single
incident can trigger a wave of hate crimes.
Consider the forces that led to the "spike" in hate
crimes during the early 1990's. The Nation was in
the midst of an economic recession, and "foreign"
competition for jobs, sales markets, and resources
increasingly were being cited as direct or indirect
causes of the malaise. The year 1992 was also a
presidential election year, and the electronic
media was inundated with a continual stream of
political messages, some of which seemed designed
to stoke fear and resentment. Meanwhile, a surge of
immigration was changing the racial makeup of the
Nation, and many people were uncomfortable with the
growing diversity.[71]
In addition, a public debate was raging over the
appropriate role and cost of the Federal
Government. In the print and electronic media,
institutions of every kind were being "bashed."
Shock radio hosts were attracting a growing
national audience and, in the process, changing the
tone of civil discourse on social and political
issues. One result was a growing acceptability of
hateful discourse.[72] This combination of factors
created a climate for hate crimes.
Trigger Incidents
Once a climate for hate crimes exists, all that is
needed is a sensational, high-profile racial
incident, called a "trigger incident," to set off a
"cycle of retaliatory incidents or even civil
disorder."[73] Two trigger incidents during the
early 1990's were the videotaped beating of a black
25-year-old motorist and petty offender named
Rodney King in March 1991, and the subsequent
acquittal in April 1992 of four white Los Angeles,
California, police officers accused in the assault.
News of the acquittal sparked massive rioting,
looting, vandalism, and fire setting in South
Central Los Angeles. The following month, the level
of hate crimes began to increase in many
jurisdictions across the Nation.[74] Similarly, the
highest level of bias-motivated incidents in New
York City occurred during the month immediately
following the attack on a group of black men in
Howard Beach, New York.[75]
External Influences
Hate crime incidents are sensitive to external
events. In the 1980's, when it seemed that Japan
was cutting into American sales of automobiles and
electronic equipment, there was an increase in
attacks on Japanese.[76] During the Gulf War, there
was an increase in attacks on Arab-Americans.[77]
"There is a sense of retaliation. One thing happens
and people want to get even. There is sort of a
juvenile gang mentality. `They got one of ours;
we'll get one of theirs,'" one researcher said.[78]
After the Oklahoma City bombing, there was an
initial outpouring of anti-Arab-American sentiment
that threatened to escalate but was quelled when it
became known that the chief suspects in the bombing
were Caucasians born in the United States.[79]
Scapegoating
Some hate crime experts have noted that hate crimes
tend to rise during times of economic uncertainty.
In fact, a few say that a general correlation
exists between the public's perception of the state
of the economy and the level of hate crimes. "The
perception of how things are is almost more
important than the reality," one expert said.[80]
Although some feel that the connection between hate
crimes and the state of the economy is
overstressed,[81] hate crimes do seem to increase
during periods of economic uncertainty.[82] During
these periods, minorities find themselves regarded
as the cause of the negative conditions that others
are experiencing. Such a climate gives rise to
"scapegoating," the blaming of a minority group for
the misfortunes of society as a whole.
Who Commits Hate Crimes?
Most hate crimes are committed not by members of an
organized hate group but by individual citizens. A
Louis Harris poll of 1,865 high school students
conducted in 1990 found that more than half claimed
that they had witnessed a racial confrontation
"very often" or "once in a while." While few could
be called members of organized hate groups, nearly
half admitted that they had joined a bias-motivated
confrontation or, at the very least, thought that
the people being confronted were getting what they
deserved.[83]
Some perpetrators resent the growing economic power
of a particular racial or ethnic group and engage
in scapegoating; others react to a perceived threat
to the safety and property value of their
neighborhood. The desegregation of public housing
provides a good example of the latter. Research has
shown that when the first nonwhite family moves
into a white neighborhood there is a spike of
bias-motivated incidents. The number of incidents
wanes until minority saturation reaches about 20
percent, then it increases again. When minority
saturation crosses 50 percent, there is a third
spike of hate crimes incidents.[84]
Other offenders include the "thrill seekers" --
those who randomly target interchangeable
representatives of minority groups for harassment
and violence -- and the "mission offenders," those
who believe they are on a mission to rid the world
of some perceived evil. The last group, the
"mission offenders," comprises less than 2 percent
of bias-motivated offenders.[85] The majority of
offenders -- and passive observers -- merely are
individuals who believe racial and ethnic
stereotypes and act upon spur-of-the-moment
impulses. Frequently, alcohol or drug use is a
factor.[86]
Significance of Hate Crime Statistics
While statistics may seem to indicate a low number
of hate crimes compared with other types of crime,
hate crime statistics carry more weight than
statistics for other offenses. A bias-motivated
threat or action not only victimizes the immediate
target, it victimizes every member of the group
that the immediate target represents.[87]
A single hate crime has the power to send a broad
ripple of fear and discomfiture across a community.
A "skinhead" who paints a swastika on the wall of a
synagogue has not merely committed an act of
vandalism; he has communicated a message of ethnic
loathing to everyone within eyeshot, whether Jew or
Gentile. He has scrawled a symbol that for many
observers will invoke memories of concentration
camps, Kristallnacht, the Holocaust, and World War
II -- a symbol that has galvanized and inspired
dread among individuals and nations for more than
60 years.
Similarly, a racist who burns a cross on the front
lawn of the home of an African-American family has
not merely committed an act of arson and
harassment; he has sent a racial message to
everyone who hears of, reads about, or sees the
event, whether they are black or white. He has
committed an act that for many observers is bound
to invoke memories of slavery, hangings, hooded
Klansmen, school segregation, even the Civil War,
and will undoubtedly stir up emotions ranging from
fear of persecution to sadness over the persistent
social divisions that plague the Nation.
Violent hate crimes are the most virus-like
offenses in terms of the message they send and
their psychological impact on members of the
targeted group. Violent hate crimes often create
tides of retaliation and counterretaliation that
can spill into other minority groups and eventually
may engulf an entire community. The month after the
Howard Beach incident in 1986, when three African
Americans were set upon by an angry young mob of
whites, New York experienced possibly the highest
"spike" of hate crime incidents in the city's
history.[88] During and after the Los Angeles riots
of 1992, sparked by the acquittal of four white
police officers in the beating of Rodney King,
vandals and looters destroyed or damaged dozens of
businesses, including many Asian-American
businesses.[89]
The simple truth about hate crimes is that each act
victimizes not one person, but many. Each act
connotes and denotes far more than the average
criminal offense. It is in such a light that hate
crime statistics must be viewed.
----------------------------------------
Chapter 3: The Role of Hate Groups
Since the terrorist bombing of the Alfred P. Murrah
Federal Building in Oklahoma City, Oklahoma, in
April 1995, the Nation has focused on a growing
antigovernment movement that seems to share some of
the ideological precepts of certain organized hate
groups, most notably white supremacists. Whether
domestic terrorists are taking their inspiration or
orders from fringe militia groups or so-called
"patriot" groups is open to debate, but Federal law
enforcement agencies and national groups that
regularly track hate crimes agree that the threat
of domestic terrorism has increased sharply in
recent years. The FBI called 1995 "the year of the
terrorist" and hired an additional 50 analysts to
study both international and domestic
terrorism.[90]
More than 800 groups, including 441 self-styled
militia units, have been identified by the Southern
Poverty Law Center as part of a growing "patriot
movement." The Anti-Defamation League has estimated
that militias, with about 15,000 total members, are
active in 40 States. Most of these groups operate
independently but are linked by a hatred of other
groups and government authorities. Among the groups
that the center has linked to the movement are
white supremacists, Neo-Nazis, Klansmen, Freemen,
anti-abortion radicals, and Christian Identity (CI)
followers.
Some experts assert that extremist groups are not
necessarily growing in size or number but in
influence through their access to shortwave and
commercial radio frequencies, the vast and growing
global cyberculture of the Internet, and
underground books, magazines, and music.[91]
A New Strategy
The historic image of a Ku Klux Klansman is of a
robed and hooded figure bearing a lighted torch.
The word "skinhead" may evoke an image of a
shaved-head, tattooed young ruffian in black boots.
Their appearances are carefully designed to send
unmistakable messages of alienation and threat.
Their rhetoric traditionally has been blatantly
racist and defiant, and their tactics of
confrontation have become well known to law
enforcement agencies. However, during the past
decade, organized hate groups have been evolving a
new image that is more palatable to "middle
America." At the same time, they have been finding
new ways of communicating to a larger, more
mainstream segment of society. Morris Dees,
chairman of the Southern Poverty Law Center, notes
the more recent tactics of Louis Beam, a leader of
the Aryan Nation and the KKK militia:
"Beam and his militia followers are repackaging
their message. They downplay racism and focus on
people's fear and anger. The fear of, and anger at,
a government that overregulates, overtaxes, and, at
times, murders its citizens. . . . The fear of, and
anger at, a government that takes away a person's
right to bear arms so that the country is
vulnerable to domination by a New World Order. Tens
of thousands of people are hearing the message and
thousands are joining the movement, many unaware
that Beam and his fellow travelers are helping to
set the agenda. . . . [Those joining] are mainly
white and middle class. Most hold jobs, own homes,
wear their hair short, don't use drugs, and, for
one reason or another, they hate the
government."[92]
Under the new strategy, racial violence rarely is
ordered; rather it is tacitly sanctioned. The hate
group exists to provide the ideological
justification for violence. Instead of asking
members to commit specific acts of violence -- and
risk the legal repercussions -- these groups merely
get out their message. Invariably, someone else,
perhaps someone only tangentially connected to a
hate group, will commit the offense.[93]
Experts also have observed a coalescing of
traditional hate crime groups with fringe and
extremist antigovernment groups, which may be
supplying the ideological justification and
inspiration for domestic terrorism.[94] Racist
organizations such as the Aryan Nation already have
in the past decade developed close ties to the
militia movement and welded their message of white
supremacy at all costs to the antigovernment,
anti-gun-control sentiments expressed by most
militia groups.[95]
The CI movement, described as a "theology of
racism, antisemitism, and male supremacy," has
become the adoptive religion of the Freemen, a
fringe group that in 1996 engaged in an 81-day
standoff with FBI agents near Jordan, Montana, that
ended peacefully with several arrests on charges of
threatening to kidnap and murder a Federal judge,
check fraud, and helping Federal fugitives avoid
arrest. There is little doubt that some of the
Freemen holed up in the 960-acre compound first
heard CI's unorthodox Bible interpretations and the
"truth about the white race" through satellite
television programs, shortwave radio, the Internet,
or videotapes and pamphlets.
The growing influence of the CI movement has
prompted the Montana Association of Churches to
start a program to educate citizens about the
dangers of religious extremism. One researcher gave
a talk to a women's Bible study group in Montana
after several members ordered CI videotapes,
thinking they would be receiving materials with a
traditional Bible interpretation.[96]
Yet another piece of the new strategy is the
concept of "leaderless resistance." Rather than
organize themselves into the conventional pyramid
structure favored by military forces and
corporations, some hate groups are reorganizing
into secret or "phantom" cells of a few people,
even "one-man cells," that are difficult to detect
and even more difficult to infiltrate and control.
Without a recognized leader or any central control
or direction, the cells run less risk of exposure
and can continue their activities if other cells
are exposed.[97]
A New Definition?
With the increasing influence of hate crime groups
and the coalescence of formerly disparate groups,
the line between hate crimes and terrorism is
beginning to blur. In fact the rising influence of
hate groups and the increase in acts of domestic
terrorism have even led a few researchers and
political leaders to call for a new definition of
hate crimes, one that might include crimes
motivated by a hatred of people, not because of
their race, national origin, sex, sexual
preference, and religion but because of their
affiliations or occupation.
While an assault on a lone homosexual person by a
gang of teenagers on a violent spree no doubt would
be investigated, prosecuted, and reported as a hate
crime, there is little chance that an attack on an
employee of the U.S. Department of the Interior,
Bureau of Land Management, by a group of
antigovernment "patriots" would be considered a
bias-motivated crime under any current definition.
Yet recent attacks on Federal workers, including
the bombing of the Federal Building in Oklahoma
City, are being viewed by some as hate crimes
committed against people who happen to work for the
Federal Government. Testifying before the Senate
Committee on the Judiciary, Emanuel Cleaver II,
mayor of Kansas City, Missouri, noted that his
State had become "a hotbed of militia activity."
Urging Congress to expand the definition of hate
crimes, Cleaver said, "When you look at what
happened in Oklahoma City, it clearly was a hate
crime against workers of the Federal
Government."[98]
At a hate crime and terrorism planning meeting at
the National Academy of Sciences in Washington,
D.C., a few dozen prominent researchers,
academicians, and Federal experts in the fields of
hate crimes and terrorism struggled to identify the
connections between hate crimes and terrorism. They
also sought to develop a definition of
bias-motivated activity that might embrace the
concepts of both.
Jerome Skolnik of the University of California at
Berkeley's School of Law said that terrorism and
hate crimes are similar in that they are both
"ideologically connected." Brent Smith, a criminal
justice professor at the University of Alabama,
however, pointed out that while both hate crimes
and terrorism include motive as an element of the
offense, traditionally the motive in a terrorist
act has been considered only during the sentencing
phase of a prosecution. William Chambliss, a
sociologist who teaches at George Washington
University in Washington, D.C., suggested that such
a definition might encompass any "ideologically
justified act."
Finally, the participants exhausted the issue of
definitions. Other than to agree that hate crimes
and terrorism share an "overlapping pathology and
actors," they decided it was more important to
concentrate their efforts on the best areas for
research, such as identifying the differences
between a hate group follower and someone who
commits bias-motivated violence, and what actions
might be taken to prompt a hate group follower to
reject his racist, anti-Semitic, or antigovernment
ideology. "We must try to understand what leads
people in, what they do when they're in, and what
leads people out," said Jerrold Post of George
Washington University.
----------------------------------------
Chapter 4: Hate Crimes and the Law
Jurisdictions across the Nation use three basic
legislative approaches to combat hate crimes --
prohibiting specific intimidating actions,
prohibiting general behavior motivated by bias, and
enhancing penalties for criminal acts motivated by
bias.
A number of States, including California, Florida,
and Ohio, have passed laws prohibiting specific
activity at specific places, such as vandalism and
intentional disturbances at places of worship.
Florida and the District of Columbia have banned
acts such as burning a cross or placing a swastika
or other symbol on another's property with the
intent to intimidate.
Other jurisdictions have passed legislation
punishing any behavior that is motivated by bias.
These statutes punish motive and criminal conduct
as one offense. A New York hate crimes statute
prohibits bias-motivated discrimination or
harassment. "The targeted activity -- the selection
of a victim -- is an integral part of the
underlying crime," one State supreme court justice
said in characterizing such statutes.[99]
Still other jurisdictions have passed statutes
creating enhanced penalties when the motivation for
an otherwise criminal act is bias. In Wisconsin,
for example, State law provides that the maximum
penalty for an offense is enhanced if the defendant
intentionally selects the person against whom a
crime is committed because of the "race, religion,
color, disability, sexual orientation, national
origin, or ancestry of that person."
Hate crime statutes may have significant elements
in common with other State laws. For example, hate
crime laws that include gender bias may overlap
with domestic violence statutes -- statutes that
create specific penalties for criminal activity
directed at family members and intimate partners.
Multiple laws addressing similar conditions may
create the opportunity to "stack" charges and
improve the likelihood of a satisfactory conclusion
to the case from the victim's viewpoint. However,
overlapping statutes also may produce conflict
concerning which charges should be brought in a
highly political and sensitive case.
Hate crime statutes have been most frequently
challenged on the grounds that they violate the
first amendment of the U.S. Constitution, which
restricts governments' power to make laws
infringing upon an individual's freedom of speech
and expression. Opponents of hate crime laws argue
that punishing an offender more harshly when that
person commits a crime because of a bias against a
class of persons penalizes his or her thoughts and
violates the first amendment. Such opponents
consider hate crime laws to be "viewpoint
discrimination" and challenge the grounds upon
which the proponents of the laws rely as purely
speculative. They assert, for example, that penalty
enhancement cannot be justified on the grounds that
injury to society is greater when a crime is
motivated by bias. They claim that retaliatory
crimes do not necessarily increase when crimes are
bias motivated, citing examples of certain
religious groups that, in accordance with the
tenets of their religion, will not retaliate when
attacked, and certain disabled persons who cannot
retaliate. They also argue that all crimes, not
only those motivated by bias, are dehumanizing and
distressing to the victim; therefore, a rash of any
type of crime, not just hate crime, is likely to
generate community unrest and injure society as a
whole.
Proponents of hate crime laws counter that hate
crime statutes do not conflict with the tenets of
the first amendment because they do not punish an
individual for exercising freedom of expression but
rather for motivation for engaging in criminal
activity, a factor often considered when evaluating
the seriousness of an offense. They maintain that
when an offender has a biased motive, that
offender's crime should carry a more severe penalty
because the injury suffered by the victim and by
society is greater. When the core of a person's
identity is attacked, they contend, the degradation
and dehumanization is especially severe, and
additional emotional and physiological problems are
likely to result.[100] Society in turn can suffer
from the disempowerment of a group of people, say
the proponents. Furthermore, they assert, the
chances for retaliatory crimes are greater when a
hate crime has been committed. The riots in Los
Angeles, California, that followed the beating of
Rodney King, a black motorist, by a group of white
police officers are cited as support for this
argument.
R.A.V. v. City of St. Paul, Minn.
The U.S. Supreme Court has addressed certain issues
raised by first amendment scholars in two recent
rulings on the constitutionality of hate crime
legislation. In R.A.V. v. City of St. Paul,
Minn.,[101] the Court in 1992 examined legislation
that made particular bias an element of a crime.
R.A.V. was accused of burning a cross on a black
family's lawn. He was charged subsequently under
St. Paul's Bias-Motivated Crime Ordinance, which
made it a misdemeanor to "place on public or
private property a symbol, object, appellation,
characterization, or graffiti, including, but not
limited to, a burning cross or Nazi swastika, which
one knows or has reasonable grounds to know arouses
anger, alarm or resentment in others on the basis
of race, color, creed, religion or gender."
The trial court dismissed the charges on the
grounds that the ordinance violated the first
amendment because it was impermissibly broad and
regulated the content of the offender's speech. The
Minnesota Supreme Court reversed the trial court's
decision, holding that the ordinance prohibited
"fighting words" -- words that inflict injury or
tend to incite immediate violence -- which are not
protected by the first amendment. The court further
found that the regulation was tailored
appropriately to serve the State's interest in
protecting the community against bias-motivated
threats to public safety and order.
In an opinion written by Justice Antonin B. Scalia,
a majority of the U.S. Supreme Court reversed the
Minnesota Supreme Court's ruling, finding that the
ordinance unconstitutionally restricted speech on
the basis of its content. Applying its free speech
precedents to the St. Paul ordinance, the majority
concluded that the ordinance applied only to
"fighting words" that insult or provoke violence
"on the basis of race, color, creed, religion, or
gender." A jurisdiction may proscribe unprotected
speech on the basis of its content, the Court held,
but it may not select one area of speech to
criminalize while leaving other areas unrestricted,
unless the selection is content-neutral. Therefore,
Scalia wrote, a jurisdiction may criminalize
unprotected speech in a selective manner, as long
as the selectivity is not "conditioned upon the
government's agreement with what the speaker may
intend to say."
The Court noted that words that expressed hostility
toward a person because of his or her sexual
orientation or political affiliation were not
prohibited by the city ordinance. The Court wrote
that because the ordinance restricted biases of a
particular nature, it barred only those viewpoints
that the city council found distasteful. Scalia
asserted that the ordinance unconstitutionally
allowed persons on one side of a debate to speak
freely while restricting the other side's response.
The majority held that a law prohibiting all
fighting words communicated in a threatening
manner, instead of proscribing all fighting words
that convey messages of racial intolerance, would
be constitutional. In this case, the Court ruled,
the Minnesota ordinance went beyond permissible
regulation and infringed upon the free speech
rights of the defendant.
Wisconsin v. Mitchell
R.A.V. did not address the constitutionality of
other types of hate crime legislation. In 1993, the
Court provided clarification when it considered the
constitutionality of a statute that enhanced the
penalty for otherwise criminal behavior motivated
by prejudice.
In Wisconsin v. Mitchell,[102] a group of young
African-American males, including Todd Mitchell,
discussed a scene from the movie "Mississippi
Burning" in which white men beat a black boy who is
praying. As the group left the apartment where they
had gathered, Mitchell asked them if they were
"hyped up to move on some white people." A few
minutes later a white boy approached the group from
across the street. As the boy walked by, Mitchell
prompted the others to attack him. He said, "There
goes a white boy; go get him." Mitchell counted to
three and pointed toward the boy. The group ran
toward the boy and beat him severely, rendering him
comatose for 4 days.
Mitchell was convicted of aggravated battery, an
offense that normally carried a penalty of 2 years'
imprisonment. Because the jury found that Mitchell
intentionally had selected his victim based upon
the boy's race, however, the maximum sentence
increased to 7 years. State law specifically
provides that a maximum penalty for an offense is
enhanced if the defendant intentionally selects the
person against whom the crime is committed because
of the "race, religion, color, disability, sexual
orientation, national origin, or ancestry of that
person." Mitchell was sentenced to 4 years'
imprisonment. He appealed his conviction and
sentence, arguing that Wisconsin's
penalty-enhancement provision violated the first
amendment by punishing offensive thought.
On the day after the R.A.V. decision was issued by
the U.S. Supreme Court, the Wisconsin Supreme Court
issued a ruling in Wisconsin v. Mitchell that the
State's hate crimes law violated the defendant's
right to free speech. According to the court, the
law violated the first amendment because the State
imposed additional penalties solely because of the
defendant's biased motivation in committing the
crime. "A statute that is designed to punish
personal prejudice impermissibly infringes upon an
individual's first amendment rights," the court
said. Relying on Scalia's majority opinion in
R.A.V., the court concluded that the hate crime law
was unconstitutional because it singled out the
defendant's biased thoughts and penalized him based
upon the content of those thoughts.
The U.S. Supreme Court rejected this analysis and
upheld the statute as constitutional. Chief Justice
William Rehnquist, who wrote the Mitchell court's
unanimous opinion, found that the St. Paul
ordinance targeted expression, which is protected
by the first amendment, while the Wisconsin statute
is aimed at conduct not protected by the
Constitution. Wisconsin's enhanced-penalty law
created an increased penalty for illegal conduct
inspired by the defendant's "bigoted motivations,"
according to the Court. While a particular bias was
an element of the crime itself under the Minnesota
ordinance, it was a factor to be considered during
sentencing under the Wisconsin statute, said the
Court.
Rehnquist said that, although a sentencing judge
may not take into account the defendant's abstract
beliefs, however obnoxious to most people, the
Constitution does not preclude the admission of
evidence concerning one's beliefs and associations
at sentencing if those beliefs and associations are
in some way related to the commission of the crime.
Rehnquist explained that sentencing judges
traditionally have considered a wide variety of
factors in addition to evidence bearing on guilt,
including a defendant's motive for committing the
offense. For example, murder, if committed for
financial gain, can be considered an aggravating
factor under many States' capital sentencing
statutes, said the Court. Moreover, the Court held,
the first amendment permits admission of a
defendant's statements to prove motive or intent,
provided they are relevant and reliable.
The Court also held that the statute has no
"chilling effect" on free speech. Rehnquist said
that it would be highly unlikely that an individual
would suppress his "bigoted" beliefs for fear that
evidence of those beliefs would be used against him
at trial if he committed a serious offense.
Other Decisions
Other State appellate and high courts considering
the constitutionality of hate crime legislation
since Mitchell have followed either Mitchell or
R.A.V. without expressing difficulty in reconciling
the two decisions.[103] These courts generally have
upheld State statutes that punish specific behavior
motivated by bias, and the U.S. Supreme Court has
denied appeals of these decisions.[104] State
courts have ruled that there is no meaningful
difference between such statutes and the
penalty-enhancement statute upheld in Mitchell.
Both types of statutes punish a crime motivated by
bias, the courts have held. Following this line of
reasoning, the Maryland appellate court, for
example, upheld a statute making it a crime to
"harass or commit a crime upon a person . . .
because of that person's race, color, religious
belief or national origin."[105] As the Supreme
Court of Missouri summarized with regard to a
similar statute, "While [the statute] admittedly
created a new motive-based crime, its practical
effect is to provide additional punishment for
conduct that is already illegal but is seen as
especially harmful because it is motivated by group
hatred. It is clear from Mitchell that enhanced
punishment for criminal conduct on account of a
defendant's motives of bias or hatred toward a
protected group is consistent with the United
States Constitution."[106]
Federal courts have upheld Federal hate crime
legislation against first amendment challenges
based on similar reasoning. In United States v.
Stewart,[107] for example, the U.S. Court of
Appeals for the Eleventh Circuit held that a
defendant who burned a cross on a black family's
front lawn was properly prosecuted under Federal
civil rights laws including 42 U.S.C. 3631,[108]
which prohibits intimidation motivated by the
defendant's hatred for a characteristic of the
victim such as race or gender. The court held that
"because such intimidation itself is unprotected
conduct, under Mitchell the statute is not facially
invalid." The court said the defendant's conduct in
Stewart was different from a cross burning held to
make a political statement. While in Stewart the
defendant burned a cross to threaten and intimidate
a black family, political statements are
constitutionally protected expression, said the
court.[109] The U.S. Supreme Court refused to hear
an appeal in this case.
The most recent Supreme Court action on hate crimes
occurred in February 1996, when the Court denied
review of a Florida Supreme Court decision
upholding the State's statute that prohibits
burning a cross on another's property without the
property owner or occupant's written permission.
In T.B.D. v. Florida[110], a delinquency petition
was filed against T.B.D., a juvenile, charging him
with placing a burning cross on private property
without permission. Section 876.18 of the Florida
Code provides that it is a misdemeanor for "any
person or persons to place or cause to be placed on
the property of another in the State a burning or
flaming cross, real or simulated, in whole or in
part without first obtaining written permission of
the owner or occupier of the premises to do so."
The trial court dismissed the petition on the
grounds that the statute violated the first
amendment. The appellate court affirmed and the
State appealed to the Florida Supreme Court.
The State high court reversed the lower courts,
ruling that the law impacts fighting words or
threats, which are unprotected by the first
amendment. Adopting some of its language from U.S.
Supreme Court opinions, the court explained that
"[t]hreats of violence can be regulated because
government has a valid interest in `protecting
individuals from fear of violence, from the
disruption that fear engenders, and from the
possibility that the threatened violence will
occur'. . . [and] `[f]ighting words' . . . `by
their very utterance inflict injury or tend to
incite an immediate breach of the peace.'" The
court commented that in light of the State's
history of brutal violence connected to cross
burning, "it is difficult to imagine a scenario
more rife with potential for reflexive violence and
peace-breaching."
The court said the Florida statute differed from
the ordinance in R.A.V. in that it did not prohibit
threats or fighting words on a particular subject
matter. Furthermore, the statute is not overly
broad because cross burning is "eminently
proscribable under the first amendment," said the
court.
One justice dissented arguing that the statute
failed the R.A.V. standard because cross burning
was not regulated in a neutral manner. In order to
comply with R.A.V., the legislature must ban all
burnings and fires set on private property with the
intent to intimidate or threaten, said the
dissenting justice.
Although the first amendment debate continues in
the prosecution of hate crimes, State and Federal
legislative attempts to combat bias-motivated
offenses generally have been successful.
The American Civil Liberties Union's Response
While some legal experts believe all hate crime
laws jeopardize first amendment rights, the
American Civil Liberties Union (ACLU), historically
a defender of the civil liberties of individuals,
has attempted to craft a distinction between
legislation that unconstitutionally restricts
freedom of speech and expression and that which
punishes conduct that is intended to harm or
threaten.
The ACLU opposed the St. Paul ordinance challenged
in R.A.V. v. City of St. Paul but supports the U.S.
Supreme Court decision upholding the statute in
Wisconsin v. Mitchell. The national organization
actually found itself opposing its own local
affiliate when it filed an amicus, or friend of the
court, brief in support of the Wisconsin law on
behalf of the government.
The ACLU Board of Directors in January 1993 adopted
a hate crime legislation policy. The ACLU
historically has opposed legislation that would
"punish the mere expression of thoughts, opinions
or beliefs, including expressions . . . such as the
advocacy of racial supremacy or religious bigotry."
However, the organization believes that penalty
enhancement laws, "[i]f properly drawn . . . do not
punish protected speech or associations; rather,
they reflect the heightened seriousness with which
society treats criminal acts that also constitute
invidious discrimination and are intended to or
have the effect of depriving persons of legal
rights or of the opportunity to participate in
their community's political or social life simply
because of their race, religion, gender, national
origin, sexual orientation, or other group
characteristic."
Penalty enhancement laws are permissible for hate
crimes, according to the ACLU, because these crimes
"convey a constitutionally unprotected threat
against the peaceable enjoyment of public places to
members of the targeted group. That threat
constitutes an additional ground for culpability on
the part of the perpetrator and justifies
additional legal sanctions."
Under the ACLU's standard, a statute passes
constitutional muster if it focuses on conduct in
which the perpetrator intentionally selects the
victim on the basis of "invidiously discriminatory
factors. When such statutes are vague, or
overbroad, as in the case of R.A.V. v. City of St.
Paul, the ACLU will oppose them." Hate crimes
legislation "should be limited to situations where
the underlying criminal conduct involves
harassment, injury, or threat of physical injury to
the victim, or damage or threatened damage to the
victim's property."
Daniel Katz, legislative counsel for the ACLU,
cited Florida's hate crime statute, which has been
upheld by the State supreme court, as an example of
a "very dangerous" law that clearly has been
abused. Under the Florida law, expression can be
the sole basis for offense enhancement. The Florida
law elevates a crime to a hate crime when it
"evidences prejudice." Said Katz: "You have
suspects being charged under the hate crimes
statute because they called a police officer a
`cracker' while they were being arrested for some
other crime."
----------------------------------------
Chapter 5: Other Responses to Hate Crimes
Mounting economic pressures in the face of massive
corporate layoffs and a growing multiculturalism as
a result of unprecedented immigration -- in recent
years the annual number of legal and illegal
immigrants has added 1.4 million people to the U.S.
population[111] -- have created a climate in which
a single bias-motivated incident has the potential
of triggering a major wave of violence and
destruction. In this climate, policymakers at the
State and Federal levels are seeking new strategies
to foster understanding among races and other
groups, measure terrorism and hate crime problems,
prevent future incidents of terrorism and hate
crime, bring the perpetrators of bias-motivated
crimes to justice, and aid and support hate crime
victims.
Government Responses
As of 1995, 39 States had enacted laws that address
bias-motivated violence and intimidation, many of
them based on a model statute developed by the ADL.
Nineteen States had statutes mandating the
collection of hate crime data.[112] Meanwhile,
dozens of law enforcement agencies across the
Nation had promulgated new policies and procedures
that address hate crimes, using model policies
drafted by, among others, the International
Association of Chiefs of Police and the National
Organization of Black Law Enforcement
Executives.[113]
In the past 4 years, Congress and the Justice
Department have approved several new initiatives
designed to combat hate crimes and violence.
Several initiatives became part of the 1992
reauthorization of the Juvenile Justice and
Delinquency Prevention Act, as amended. Among the
measures was a requirement that each State's
juvenile delinquency prevention plan include a
component designed to combat hate crimes, and
another that OJJDP conduct a national assessment of
youth who commit hate crimes.
In 1993, OJJDP allocated $100,000 for the study,
which was designed to identify the characteristics
of hate crimes and the victims and perpetrators of
hate crimes. The Juvenile Hate Crime Study,
conducted by researchers at West Virginia
University, found that only six States, and seven
major cities within those States, collect offense
data that specify the age of hate crime offenders.
The data from the six States revealed a wide
variance in hate crimes that can be attributed to
people under the age of 18 -- 8.5 percent to 62.6
percent. From the data, researchers extrapolated
that an estimated 17 to 26 percent of all hate
crime incidents recorded by law enforcement can be
attributed to juveniles.[114]
Other new initiatives to combat hate crimes and
violence include:
o The U.S. Department of Education, under its Safe
and Drug-Free Schools and Communities Federal
Activities Grants Program, in fiscal year 1996 made
$2 million available to public agencies and private
nonprofit organizations for developing and
implementing innovative strategies designed to
prevent and reduce the incidence of hate crimes in
communities.
o OJJDP provided a $50,000 grant for the
development of a school-based curriculum to address
prevention and treatment of hate crimes by
juveniles. Education Development Center Inc. (EDC)
developed a curriculum and pilot tested it in
schools in Massachusetts, New York, and Florida.
EDC in fiscal year 1996 worked to provide the
curriculum and related training to school districts
and juvenile justice agencies.[115]
o The Justice Department's Office for Victims of
Crime in 1993 funded a $150,000 training curriculum
to improve hate crime responses by law enforcement
and victim assistance professionals.
o The Violence Against Women Act (VAWA), Title IV
of the Violent Crime Control and Law Enforcement
Assistance Act of 1994, allows victims of
gender-based crimes to sue the perpetrator in
either Federal or State court for money damages or
injunctive relief.[116]
o Another provision of the 1994 Crime Bill, the
Hate Crime Sentencing Act (HCSA), requires the U.S.
Sentencing Commission to increase penalties for
perpetrators of hate crimes.[117]
o Under a proposed research project, the FBI and
Northeastern University's (Massachusetts) Center
for Criminal Justice Policy Research would seek to
develop strategies to increase HCSA data collection
by State and local law enforcement officials.
The Justice Department's Community Relations
Service (CRS), the only Federal agency that exists
primarily to assist communities in addressing
intergroup disputes, has played a unique role in
helping to identify and prevent hate crimes. CRS
participates in HCSA training sessions for hundreds
of law enforcement officials from dozens of police
agencies across the Nation[118] and assists schools
and school districts in addressing racial tension
and conflict through programs in peer
mediation.[119]
In 1994, CRS staffers were dispatched to provide
settlement services to 13,225 Cuban and Haitian
entrants, and the agency continued to mediate in
specific racially motivated conflicts across the
Nation. In partnership with the Federal Law
Enforcement Training Center (FLETC), CRS held
regional classes on bias-motivated crimes at the
New Jersey Police Academy and 50 other police
departments. CRS expected to train another 125
police departments in fiscal year 1995.
CRS also developed the Prison Racial Tension
Assessment Tool, which allows correctional
administrators to gauge the amount of racial
tension in a correctional facility and provides
information on ways to reduce such tensions. The
agency began testing the Intercultural Sensitizer
instrument, a diagnostic and training tool, in
collaboration with the Defense Equal Opportunity
Management Institute. CRS's Central Regional Office
coordinated conflict resolution and cultural
diversity training for the National Organization of
Black Law Enforcement Executives.
Under a cooperative agreement with CRS, the
National Institute Against Prejudice and Violence
has published two booklets, "Bias Incident Data
Collection: A Guide for Communities and
Organizations" and "The Lawyer's Role in Combating
Bias-Motivated Violence."
Organizational Responses
For the past decade, public interest organizations
have worked independently and in tandem with
government agencies to develop hate crime
legislation, improve the enforcement of existing
hate crime laws, prosecute and track hate crime
offenses, and prevent the further spread of hate
crimes.
The ADL has been involved in a number of youth
intervention and hate crime education programs. In
Massachusetts, for example, ADL staffers from the
organization's Boston regional office and the A
World of Difference Institute worked with the State
attorney general's office to develop a Youth
Diversion Project in which nonviolent offenders are
diverted into alternative education and community
service programs.[120]
Hate crime response experts -- including
representatives from the ADL -- are helping to
develop a model curriculum for use by FLETC for
Federal, State, and local police officials. The ADL
has been pressuring Congress to fund the training
through FLETC's National Center for State and Local
Law Enforcement Training.[121]
The NGLTF has provided staff support, literature,
and technical assistance to community anti-violence
projects and local gay and lesbian groups.
Recently, for example, the organization provided
literature and technical assistance to the Gay and
Lesbian Anti-Violence Project in Washington, D.C.
The NGLTF lobbies to have sexual orientation
included in the lists of protected groups in State
statutes and local ordinances. Beyond its routine
support activities, the NGLTF intervenes in
individual cases, keeps files on political
candidates, and publishes a "score card" that rates
a candidate's support or opposition to gay and
lesbian rights issues.
Increasingly, religious groups are recognizing the
need to promote racial and cultural tolerance. One
example is the Racial Reconciliation Initiative,
sponsored by the National Black Evangelical
Association and the National Association of
Evangelicals. Under the initiative, materials are
disseminated that explain church-based
multiculturalism and help Christians understand the
source of conflicts among races.
A Closer Look at Responses in the States
A number of other initiatives have been undertaken
in the States to respond to hate crimes. The
following are descriptions of selected initiatives
with contact information included.
Hate Crime Response Networks
In Hate Crimes: The Rising Tide of Bigotry and
Bloodshed, Levin and McDevitt recommend the
formation of coalitions united against bigotry.
Just as there has been a coalescing of hate crime
groups, so too must local governments, agencies,
and organizations bind together to fight prejudice
and bias-motivated violence. Whether they are
called coalitions, networks, or associations, these
groups serve as clearinghouses of information about
rights and services, and focal points for
resources. California, Massachusetts, and a few
other States are setting up "hate crime response
networks."
Selected Initiative:
California Association of Official Human Relations
Agencies
The California Association of Official Human
Relations Agencies, based in San Francisco, is in
the process of developing regional hate violence
response networks in 10 regions in California. The
network is arranged like a wheel with many spokes.
At the hub is a human rights commission or other
appropriate public agency or nonprofit organization
that acts as a fiscal agent and/or designates staff
to coordinate the project. A series of committees
constitute the "spokes" of the network structure,
each representing and named after a different focus
area, such as community activities, criminal
justice, schools, the media, and youth. A community
committee's members might include religious
institutions, conflict resolution providers, civil
rights organizations, neighborhood associations, or
private sector representatives. A criminal justice
committee's membership might include
representatives of the police, district attorney,
city attorney, attorney general, civil rights
organizations, attorneys, and victims support
groups.
Contact Information:
California Association of Human Relations
Organizations
965 Mission Street, Suite 540
San Francisco, CA 94103
(415) 543-9741
Tracking Hate Crimes
As part of a study conducted in 1992, Brian Levin
-- then of Stanford University's (California) law
school and the Center for the Study of Ethnic and
Racial Violence in Edgewater, Colorado -- placed
jurisdictions that collect hate crime statistics
into two broad groups. The first group is the core
group of jurisdictions that have the most reliable
data collection systems. These are the
jurisdictions that have kept data for at least 3
years and have at least 100 incidents per year (Los
Angeles County, California; San Francisco,
California; Connecticut; Florida; Chicago,
Illinois; Maryland; Boston, Massachusetts;
Minnesota; New Jersey; New York, New York;
Oklahoma; Oregon; and Pennsylvania).
In the second tier are jurisdictions that have
smaller sample sizes, that have made changes in
collection methods, that have unusual calendar
cutoffs, or that have been collecting data for less
than 3 years (Colorado; Delaware; District of
Columbia; Idaho; Maine; Massachusetts, excluding
Boston; Michigan; Montana; Rhode Island; Texas;
Virginia; Washington; Wisconsin; and Wyoming).[122]
Recently, several States have taken steps to
improve their hate crime reporting efforts. In
North Carolina, for example, the State Department
of Justice has created a new hate crime data
collection strategy. Under the new program, the
Division of Criminal Information (DCI) invites law
enforcement agencies to sign a memorandum of
understanding that the agency will report HCSA data
in return for training by the North Carolina
Justice Academy and DCI technical assistance.
Selected Initiatives:
New Jersey Uniform Crime Reporting Unit
New Jersey Office of Bias Crime and Community
Relations
Considered a model State for bias crime reporting
and enforcement, New Jersey takes a two-pronged
approach to identifying bias-motivated crimes and
enforcing bias crime statutes. The New Jersey
Uniform Crime Reporting Unit of the State police
has, since 1988, collected county-by-county data on
hate crime statistics from all police agencies in
the State and published an annual bias incident
report. Agency reporting is mandated by State law.
The State's Office of Bias Crime and Community
Relations, part of the New Jersey Department of Law
and Public Safety, Division of Criminal Justice,
assists law enforcement agencies in the
investigation and prosecution of bias-motivated
incidents; facilitates educational and training
programs that aid law enforcement agencies in the
investigation and prevention of hate crimes; and
facilitates community relations, conflict
resolution, and cultural diversity.
Contact Information:
New Jersey Department of Law and Public Safety
Division of Criminal Justice
Office of Bias Crime and Community Relations
25 Market Street -- CN 085
Trenton, NJ 08625-0085
(609) 984-1936
New Jersey Department of Law and Public Safety
Division of State Police
Uniform Crime Reporting Unit
Post Office Box 7068
West Trenton, NJ 08628-0068
609) 882-6920
Responding to Reported Incidents[123]
Rapid and effective responses to hate crimes show
the community that law enforcement will take
reports of potential hate crimes seriously. The
extra attention given to the problem encourages
other victims to report the crimes.
Because victims are hesitant to report hate crimes
either out of embarrassment or fear, many agencies
have established an integrated hate crime response
network to aid them in receiving reports and
responding effectively. Networks often include
liaisons to local prosecutors, human rights
commissions, and community-based victim advocacy
organizations. Through the network, concerned
community members may work with the police by
supporting the victims and encouraging them to
report crimes.
Community-based groups and victim support
organizations work with law enforcement agencies in
urging citizens to report hate crimes to help
reduce the victim's sense of vulnerability and
isolation.
Selected Initiatives:
Montgomery County (Maryland) Human Relations
Commission
The Montgomery County Human Relations Commission
(HRC) is a 15-member board charged with
researching, assembling, analyzing, and
disseminating pertinent data and educational
materials that support activities and programs
designed to help eliminate prejudice, intolerance,
bigotry, and discrimination. HRC also institutes
and conducts educational and other programs,
meetings, and conferences to promote equal rights
and initiates, receives, investigates, and seeks
conciliation of discrimination complaints from
residents. Among the programs operated by HRC are
the Network of Neighbors and Network of Teens,
which recruit and train citizens to provide peer
support to victims of hate or violence in their
communities and schools. Staff members provide
support, refer victims to support and counseling
services, provide translation services, and
accompany victims to court. HRC also conducts a
program to educate juveniles who have committed
acts of hate or violence.
Contact Information:
Montgomery County Government
Human Relations Commission
164 Rollins Avenue
Rockville, MD 20852
Administration: (301) 468-4260
Complaints: (301) 468-4265
Anti-Defamation League
The Anti-Defamation League publishes a book listing
cities that have departments and programs
specifically dealing with bias crimes.
Contact information:
Anti-Defamation League
823 United Nations Plaza
New York, NY 10017
(212) 490-2525
Court Monitoring
Volunteers in some communities watch their local
court system carefully for biased decisionmaking.
Court monitoring groups analyze court performance
and meet regularly with court leaders to make
suggestions. The watch groups publicize their
findings through the press and public hearings.
For the program to work, volunteers must be
impartial and comment on the performance of the
court, not on the outcomes of particular cases. The
Women's Bar Association of Maryland started a court
monitoring program after a report by the Joint
Committee on Gender Bias in the Courts showed
gender bias to be a problem in the Maryland court
system. The National Center for State Courts
supports self-monitoring of court systems and has
published a manual that describes how a court can
establish self-monitoring commissions.
Contact information:
Court Watchers
The Women's Bar Association of Maryland
520 West Fayette Street
Baltimore, MD 21201
(410) 528-9681
National Center for State Courts
300 Newport Avenue
Williamsburg, VA 23187
(757) 253-2000
Diversity and Tolerance Education
Tolerance education in elementary schools is being
used across the country to help children relate to
others from different backgrounds and cultures.
Sociologists have said that children recognize
racial and sexual differences early in life, and
that by age 12 they have already developed
stereotypes. Effective programs, therefore, target
children ages 4 to 9.
Classroom exercises vary from newsletters written
for a certain age group to theatrical productions
and role playing. However, lessons students learn
in the classroom need to be reinforced through
parental involvement.
The Green Circle Program based in Philadelphia,
Pennsylvania, strives to promote awareness,
understanding, and appreciation of diversity in
groups and schools across the United States. In
1992, the American Bar Association's Young Lawyers
Division (YLD) launched four tolerance education
pilot programs in elementary schools, middle
schools, high schools, and colleges throughout the
country. The programs featured education about the
law, open discussions, and mock trials to give
students a greater understanding of prejudice and
discrimination.
The South Carolina Bar YLD sends attorneys to teach
children in third and fourth grades. Students
participate in mock trials and open discussions.
Contact Information:
American Bar Association, Young Lawyers Division
750 North Lake Shore Drive
Chicago, IL 60611
(312) 988-5000
South Carolina Bar, Young Lawyers Division
205 North Irby Street
P.O. Box 107
Florence, SC 29503
(803) 662-6301
Green Circle Program
1300 Spruce Street
Philadelphia, PA 19107
(215) 893-8400
Selected Initiative:
New Jersey Prejudice Reduction Education Program
To help young people deal with social problems and
to teach racial tolerance, the New Jersey
Departments of Law and Public Safety and Education
have developed a special school curriculum called
the Prejudice Reduction Education Program (PREP).
PREP teaches prejudice reduction and conflict
resolution and is designed to be used in the
secondary schools. The curriculum is organized into
four areas: Law and Values, the Nature of
Prejudice, the Effects of Prejudice, and Developing
Individual Coping Skills. The program curriculum
explains the nature and sources of prejudice;
provides examples of antisocial behavior and the
destructive philosophy of hate groups; explains the
nature and motivations of stereotyping,
discrimination, and scapegoating; provides examples
of prejudice that have resulted in discrimination;
teaches critical social skills such as empathy and
resisting negative peer pressure; and teaches
techniques for resolving conflicts.
Contact Information:
Mr. Chuck Davis
Public Information Officer
The New Jersey Department of Law and Public Safety
Justice Complex
Trenton, NJ 09625
(609) 292-4791
Multilingual Reporting and Education Services
Employing bilingual police officers and posting
bilingual notices will help bridge both language
and cultural gaps between law enforcement agencies
and immigrants who do not speak English. By
reaching out to the immigrant communities, law
enforcement can better protect minority groups that
might otherwise fear police and make them more
comfortable about reporting crime.
Some States provide funding for law enforcement
agencies to hire bilingual officers or provide
education on preconceptions that immigrants may
have about law enforcement. Substations, police
stations located in the immigrant community with
community service officers (CSO's), give residents
easier access to officers.
Selected Initiative:
Garden Grove (California) Police Community Service
Officers
The Garden Grove Police Department in California
received a grant from the State to hire two
bilingual CSO's and to create substations in the
midst of "Little Saigon," where about 70,000
Vietnamese immigrants live. In addition to being
present in the community and schools to speak about
crime prevention, the CSO's also host a
question-and-answer radio program in Vietnamese,
which has received an overwhelmingly positive
response.
Contact Information:
Community Service Officer
Garden Grove Police Department
P.O. Box 3070
11301 Acacia Parkway
Garden Grove, CA 92642
(714) 539-2284
Youth Leadership and Empowerment Programs
Several trial programs across the Nation are
offering youth educational and skill development
programs with advising sessions. The programs are
culturally based to match the needs and customs of
the community. However, program directors must work
hard to gain the community members' support and
confidence since residents are often skeptical of
outside officials who enter the community.
The Martin Luther King Community Services in
Freeport, Illinois, targets mostly African-American
children living at or below the poverty line. The
goal of the program is to reduce risks in the
children's lives through educational programs,
parent training and support, and partnerships in
the community. The program provides after-school
supervision and academic assistance.
Contact Information:
Martin Luther King Community Services of Illinois
Freeport Initiative
511 South Liberty
Freeport, IL 61032
(815) 233-9915
Police-Minority Partnerships and Associations
Ethnically oriented community organizations help
create partnerships with law enforcement agencies
to bridge the cultural and language barriers that
exist between ethnic groups. These organizations
help immigrants understand the history and customs
of the United States, in addition to educating the
rest of the community on immigrants' traditions and
lifestyles. A liaison from each ethnic group in the
community is responsible for such tasks as
translating documents and human service
information, providing mediation services, and
coordinating events such as multicultural festivals
for the whole community.
Selected Initiatives:
Lincoln Police Department's Vietnamese Outreach
Law enforcement agencies in Lincoln, Nebraska, have
reached out to the Vietnamese community through
various community events aimed at cultural
awareness. For example, they held a school festival
in which students had the opportunity to experience
foods, dances, and costumes of other cultures.
Since implementing the cultural awareness program
in the community, Lincoln has recorded a decrease
in racially motivated crimes.
Contact Information:
Community Liaison
Lincoln Police Department
233 South 10th Street
Lincoln, NE 68508
(402) 441-6350
Pennsylvania Alliance for Community and Law
Enforcement Relations
To identify strategies to reduce tensions between
minorities and law enforcement agencies,
Pennsylvania Governor Tom Ridge (R) in March 1996
ordered the formation of a 20-member commission
composed of minority leaders, community activists,
religious leaders, law enforcement officers, and
State and local government officials. Called the
Alliance for Community and Law Enforcement
Relations, the commission will be chaired by State
Attorney General Thomas W. Corbett. The Alliance
will gauge the effectiveness of State social
programs, identify community strategies that
already are working well, and target areas that
need strengthening. Members will develop
recommendations for policy development, resource
allocation, and coordination of public and private
efforts. Between 1988 and 1993, hate crimes in
Pennsylvania reportedly increased by 130 percent.
Forty-six percent of the victims were African
American, while African Americans make up 9 percent
of the State population.
Contact Information:
The Honorable Thomas Corbett
Attorney General
State of Pennsylvania
Strawberry Square, 16th Floor
Harrisburg, PA 17120
(717) 787-3391
Diversity Awareness Media Campaigns
The news media can help educate the public about
other cultures, thereby decreasing prejudice.
Community and religious leaders work together to
persuade local newspapers and television stations
to cover cultural festivals and produce specials
and documentaries to acquaint residents with the
customs and cultures of their neighbors.
Selected Initiative:
Anti-Defamation League's A World of Difference
Program
The ADL's Boston office in 1985 started the "A
World of Difference" program, which links media and
educational resources to develop diversity
awareness programming used in elementary and
secondary schools, colleges, workplaces, law
enforcement agencies, and community organizations.
The ADL in Washington, D.C., together with WUSA-TV,
created a program focusing on multicultural
education training for teachers through live
specials, documentaries, and other programs. The
ADL has been invited to establish "A World of
Difference" programs in Germany, Russia, and South
Africa.
Contact Information:
Anti-Defamation League
1100 Connecticut Avenue NW., Suite 1020
Washington, DC 20036
(202) 452-8320
Community-Based Dispute Mediation Services
Conflict management programs provide mediation
services to prevent disputes from escalating into
larger community problems. Community-based
mediators are recruited and trained in conciliation
measures that attempt to resolve arguments
peacefully. Disputing parties come to the program
voluntarily or are referred from another
organization. The small claims court, the police,
the juvenile probation department, other city
agencies, and schools refer individuals to the
program.
Selected Initiative:
San Francisco Community Board Program
The Community Board Program in San Francisco,
California, has grown from 20 volunteer mediators
in 1977 to 300 volunteers currently and has
provided mediation services to approximately 25,000
people. The program also has created conflict
resolution training programs for schools, local
government agencies, juvenile corrections
facilities, and public housing committees.
Contact Information:
Community Board Program
Conflict Resolution Resources
1540 Market Street, Suite 490
San Francisco, CA 94102
(415) 552-1250
Support for Victims
Programs to help the victims of hate crimes are
just as important as educational programs for
offenders. Support services must be made available
to help victims cope with the emotional, physical,
and financial impacts of bias-motivated crimes.
Selected Initiative:
Horizons Anti-Violence Project
The Horizons Anti-Violence Project has been serving
Chicago's gay, lesbian, and bisexual community
since 1988. The group runs a 24-hour crisis line
and refers victims to attorneys, counselors, and
therapists. The project also provides court
advocates for victims who press charges.
To prevent future crimes from occurring, the
Horizons project sponsors community forums
instructing residents how to protect themselves
from violence and avoid conflicts. Horizons also
provides training sessions through the police
department on how to respond to hate crime
incidents and works with the State's attorney's
office to draft hate crime laws.
Contact Information:
Horizons Anti-Violence Project
961 West Montana
Chicago, IL 60614
(312) 472-6469
Counseling Offenders
A counseling program for young members of hate
crime groups helps dispel attitudes that lead to
criminal behavior through education about those
ethnic groups that are the object of their hate.
The purpose of the program is to broaden the
offenders' views of other cultures and in doing so,
to change their values. The counseling includes an
encounter session at which hate crime offenders
come face-to-face with members of minority groups.
Offenders also visit county prisons and juvenile
facilities to which they could be sentenced if they
commit a hate crime.
Selected Initiative:
The Juvenile Diversion Project
The Juvenile Diversion Project, operated by the
ADL, is a sentencing option for underage offenders
in New York City family courts. Through a 20-hour
educational program, students hear guest speakers
from other cultures, visit synagogues and churches
of other religions, and hear stories from bias
victims. The curriculum, which involves take-home
assignments and weekly readings, varies with the
nature of the offense. After the classroom sessions
are completed, an offender must complete 10 to 15
hours of community service in the community that
was the target of his or her actions.
The program was based on a similar ADL Boston
project that boasts that its graduates have had no
further arrests for hate crimes; the Juvenile
Diversions Project shows similar results. Program
graduates from the first group of offenders have
had no further arrests for any type of crime.
Furthermore, the graduates have become leaders in
the fight against bias, according to Associate
Director Eliot Hoff.
Contact Information:
Eliot B. Hoff
Associate Director
New York Regional Office, Anti-Defamation League
823 United Nations Plaza
New York, NY 10017-3560
(212) 885-7974
Other Suggestions
"Trickle-Up" Effect
To most advocacy organizations, the failure to
report a hate crime is nearly as bad as the offense
itself. "Underreporting masks the true extent of
hate crime activities, which encourages the
perpetrators to continue their bigoted behavior and
encourages similar behavior among their friends and
associates," said Leiberman.[124]
When law enforcement officers are trained to
identify, respond to, and report hate crime
incidents, the result is that more hate crimes
actually are reported, responded to, and
prosecuted. The investigation and prosecution
especially of notorious or high-profile hate crimes
causes a trickle-up effect that tends to promote
even more reporting by victims and witnesses.[125]
According to the ADL, the trickle-up effect begins
with the officer who responds to a hate crimes
report. The officer sets the proper tone for a
thorough investigation and prosecution if he or she
is able to "identify a hate crime, respond to it
appropriately, and report it accurately." If police
verify a hate crime and conduct followup inquiries,
"prosecutors . . . should be expected to press hard
for convictions" and "judges should then be under
scrutiny to provide substantial sentences after
convictions." If potential victims know a reporting
system is in place and see a well-publicized case
result in a stiff sentence for the perpetrators,
they will be more likely to report a hate crime in
the future.[126]
Thus, collecting and acting upon bias-motivated
incident data serves a number of purposes such as
making victims feel that someone is aware of their
problem; creating opportunities for referrals to
victim assistance services; encouraging reporting
by individuals who might not otherwise notify
police; providing police with information on
potential trouble spots of hate group activity to
allow for early intervention; and increasing public
awareness of the issue.
Because reporting under the HCSA is voluntary, "the
credibility of the national numbers is determined
by the level of participation by State and local
law enforcement agencies."[127] Law enforcement
agencies representing more than 40 percent of the
American population did not participate in the HCSA
in 1994, and the vast majority of agencies that did
participate reported zero hate crimes for that
year. Of the 7,298 participating departments, only
1,150 reported even one hate crime.
The increased number of participating agencies
indicates that "the FBI has done a good job in its
initial outreach and education on the need to
identify, report, and respond to hate violence,"
Strassler and Foxman said in their joint statement.
"This year's figures, however, are incomplete --
especially from such significant States as
California, Massachusetts, and Illinois." The low
numbers "indicate a need to reaffirm our national
commitment to hate crime data collection efforts --
and to aggressive enforcement of hate crime laws."
The ADL has urged that the HCSA be made permanent
to ensure that hate crime data collection remains a
part of the UCR. The ADL also wants the
administration and Congress to take measures to
ensure that the FBI continues hate crime training
and education outreach efforts among field agents
and that the FBI receives sufficient funding to
continue to educate and train State and local law
enforcement agencies about hate crimes.
To encourage HCSA participation at the State and
local levels, the ADL urges Congress to provide
incentives to State and local governments and law
enforcement agencies, including national
recognition, matching grants for training, a
network to promote replication of successful
programs, and awards for exemplary departments.
The organization also favors making participation
in the HCSA program a prerequisite for receiving
funds through the Justice Department's Office of
Community Oriented Policing Services (COPS) or
technical assistance grants from the Justice
Department's Office of Justice Programs. "Hate
violence can be addressed effectively through a
combination of presence, prevention, and outreach
to the community that is the hallmark of community
policing," Arent said. "Congress and the
administration should insist that new officers
hired and trained under the COPS initiative begin
to receive training in how to identify, report, and
respond to hate violence.
"The long-term impact of the HCSA will be
determined at the local level; and it will be
measured not just by the aggregate numbers compiled
by the FBI each year, but also by the improved
response of law enforcement officials to each and
every criminal act motivated by prejudice in
communities across America. These numbers do not
speak for themselves -- because behind
each of these figures are real people who
have suffered physical and emotional trauma."[128]
In the fight against prejudice and hate crimes, the
criminal justice system can have only a limited
impact. Levin and McDevitt noted that "the criminal
justice system -- even when it operates at maximum
effectiveness -- is limited in its ability to stem
the rising tide of bigotry and bloodshed. Solutions
that work will require that our leaders lay the
groundwork by long-term planning to reduce both
intolerance and resentment."[129]
The authors believe that measures must be taken to
reduce the sources of resentment among groups that
feel they are being deprived of the benefits they
believe other groups are attaining through
affirmative action. For example, some low-income
whites might feel less disenfranchised by
affirmative action programs and policies if they
were based on residence instead of race. Colleges
and universities, for example, could change their
image "from that of exclusivity to access" if they
provided scholarship programs that "address the
needs of lower-income families in the neighborhoods
in which the particular [schools] are
located."[130]
Notes
1. Mark S. Hamm, "Terrorism, Hate Crimes, and
Anti-Government Violence: A Preliminary Review of
the Research" (background paper for National
Research Council, Commission on Behavioral and
Social Sciences and Education, Committee on Law and
Justice, March 1996), pp. 1-2.
2. Jack Levin and Jack McDevitt, Hate Crimes: The
Rising Tide of Bigotry and Bloodshed (New York:
Plenum Press, 1993), pp. 1-8, 75, 86-87.
3. Hamm, p. 11.
4. Hamm, p. 12.
5. Hamm, p. 10.
6. Testimony of Charles W. Archer, Assistant
Director, Criminal Justice Information Services
Division, Federal Bureau of Investigation, U.S.
Department of Justice, before the Senate Committee
on the Judiciary (March 19, 1996).
7. Archer testimony.
8. Archer testimony.
9. Stephen Labaton, "Poor Cooperation Deflates FBI
Report on Hate Crimes," New York Times, January 6,
1993, p. A10.
10. Colorado, Idaho, Iowa, Massachusetts, Michigan,
North Dakota, South Carolina, Utah, Vermont, and
Virginia.
11. The U.S. Department of Commerce, U.S.
Department of Defense, and the FBI.
12. Telephone interview with Jack McDevitt,
co-director, Center for Criminal Justice Policy
Research, College of Criminal Justice, Northeastern
University (April 18, 1996).
13. Levin and McDevitt.
14. Federal Bureau of Investigation, Hate Crime
Statistics, 1992 (Washington, D.C.: U.S. Department
of Justice, 1993); Hate Crime Statistics, 1993
(Washington, D.C.: U.S. Department of Justice,
1994); Hate Crime Statistics, 1994 (Washington,
D.C.: U.S. Department of Justice, 1995); Hate Crime
Statistics, 1995 (Washington, D.C.: U.S. Department
of Justice, 1996).
15. McDevitt interview; Telephone interview with
Brian Levin, Counsel, Klanwatch, a project of the
Southern Poverty Law Center (March 14, 1996);
Anthony Fainberg, "Terrorism and Hate Crimes in the
U.S.: Prospects for the Nineties and Government
Responses" (background paper for National Research
Council, Commission on Behavioral and Social
Sciences and Education, Committee on Law and
Justice, March 1996), p. 6.
16. NGLTF Policy Institute, Anti-Gay and Lesbian
Violence, Victimization, and Defamation Report for
1991 (Washington, D.C., 1991).
17. NGLTF Policy Institute, Anti-Gay and Lesbian
Violence in 1994: National Trends, Analysis, and
Incident Summaries (Washington, D.C., 1995).
18. National Asian Pacific American Legal
Consortium, Audit of Violence Against Asian Pacific
Americans (Washington, D.C., 1994).
19. Interview with Michael Lieberman, Associate
Director/Counsel, ADL's Washington, D.C., office
(February 20, 1996).
20. Telephone interview with Helen Gonzales, Public
Policy Director, NGLTF (March 7, 1996).
21. McDevitt, p. 12; NGLTF Policy Institute,
Anti-Gay and Lesbian Violence, Victimization, and
Defamation Report for 1994 (Washington, D.C.,
1994), p. 12.
22. Archer testimony.
23. Testimony of Bobby Moody, Chief of Police in
Covington, Georgia, and Second Vice President of
the International Association of Chiefs of
Police, before the Senate Committee on the
Judiciary (March 19, 1996).
24. Michael Lieberman, "Federal Action to Confront
Hate Crimes: Preventing Violence and Improving
Police Response," New Challenges: The Civil Rights
Record of the Clinton Administration Mid-term
(Washington, D.C.: Citizens' Commission on Civil
Rights, 1995), pp. 217-229.
25. Testimony of Stephen Arent, Vice Chairman, ADL,
National Civil Rights Committee, before the Senate
Committee of the Judiciary (March 19, 1996).
26. Levin and McDevitt, p. 201.
27. Gonzales interview.
28. Gonzales interview.
29. Gonzales interview.
30. Gonzales interview.
31. Brian Levin, "Bias Crimes: A Theoretical and
Practical Overview," Stanford Law and Policy Review
(Winter 1993-94); Levin interview.
32. Levin interview.
33. McDevitt interview.
34. Levin interview.
35. Eric Bishop and Jeff Slowikowski, "Hate Crime,"
Fact Sheet #29 (Washington, D.C.: U.S. Department
of Justice, Office of Juvenile Justice and
Delinquency Prevention, August 1995).
36. Levin, "Bias Crimes."
37. Levin interview; Levin, "Bias Crimes"; Office
for Victims of Crime, National Bias Crimes Training
for Law Enforcement and Victim Assistance
Professionals: A Guide for Training Instructors
(Washington, D.C.: U.S. Department of Justice,
1995), p. 61.
38. Federal Bureau of Investigation, Hate Crime
Statistics, 1994.
39. Telephone interview with Melvin Jenkins,
Central States Regional Director, U.S. Commission
on Civil Rights (November 14, 1996).
40. The World Almanac and Book of Facts (New York,
1996), pp. 382-386.
41. Klanwatch, a Project of the Southern Poverty
Law Center, "The Dynamics of Youth, Hate and
Violence," Klanwatch Intelligence Report
(Montgomery, Alabama, October 1995), p. 12.
42. Robert Kapler, "Number of Hate Crimes by Blacks
Rising, Rights Group Says," Justice Research
(Washington, D.C.: National Criminal Justice
Association, November/December 1993), p. 3.
43. Jenkins interview.
44. Eric Harrison, "Christian Coalition Offers
Blacks Repentance, Funds," Los Angeles Times, June
19, 1996, p. A1, quoting Ralph Reed, director of
the Christian Coalition.
45. Telephone interview with Richard Jerome,
Special Assistant to the Assistant Attorney
General, U.S. Department of Justice, Civil Rights
Division (November 15, 1996).
46. Jerome interview.
47. Jerome interview.
48. Jerome interview.
49. Jenkins interview.
50. Interview with Charles R. River, Press Officer,
U.S. Commission on Civil Rights (November 13,
1996); Eric Harrison, "Black Churches Have Long
Been Targets," Los Angeles Times, June 15, 1996,
p. A1.
51. Harrison, Los Angeles Times, June 15, 1996,
quoting C. Eric Lincoln, Professor Emeritus of
Religion at Duke University.
52. Harrison, Los Angeles Times, June 15, 1996.
53. Harrison, Los Angeles Times, June 15, 1996;
Klanwatch, a Project of the Southern Poverty Law
Center, The Ku Klux Klan: A History of Racism and
Violence (Montgomery, Alabama, 1991).
54. David Crumm, "Truth Emerges From a False
Crisis," Detroit Free Press, September 3, 1996, p.
A7.
55. Crumm, Detroit Free Press, September 3, 1996.
56. Harrison, Los Angeles Times, June 19, 1996.
57. Harrison, Los Angeles Times, June 19, 1996.
58. Harrison, Los Angeles Times, June 19, 1996.
59. Harrison, Los Angeles Times, June 19, 1996.
60. Telephone interview with Marcia Bull, Attorney,
Southern Poverty Law Center (November 8, 1996).
61. U.S. Commission on Civil Rights, Transcripts of
Community Forums, Burning of African-American
Churches in (Alabama, Louisiana, Mississippi, North
Carolina, South Carolina, and Tennessee) and
Perceptions of Race Relations (July 2-18, 1996);
Jenkins interview.
62. Jerome interview.
63. Public Law 104-155.
64. National Fire Academy, The National Arson
Prevention Initiative (Emmitsburg, Maryland: U.S.
Fire Administration, 1996).
65. National Fire Academy.
66. Federal Bureau of Investigation, Hate Crimes
Statistics, 1993; Hate Crimes Statistics, 1994.
67. National Asian Pacific American Legal
Consortium, Audit of Violence Against Asian Pacific
Americans (Washington, D.C., 1996).
68. Federal Bureau of Investigation, Hate Crime
Statistics, 1993; Hate Crime Statistics, 1994.
69. Federal Bureau of Investigation, Hate Crime
Statistics, 1993; Hate Crime Statistics, 1994.
70. Levin interview.
71. Levin interview; Morris Dees and James
Corcoran, Gathering Storm: The Story of America's
Militia Network (New York: Harper Collins, 1996),
p. 112-122.
72. Levin interview.
73. Levin interview.
74. McDevitt interview.
75. McDevitt interview.
76. McDevitt interview.
77. David Johnston, "Hostility Toward Arabs and
Jews Is Found on Rise," New York Times, February 7,
1991, p. A22.
78. Johnston, New York Times, February 7, 1991.
79. Untitled database text of a story about
post-Oklahoma City tensions against Arab Americans,
Washington Post, April 21, 1995.
80. Untitled, Washington Post, April 21, 1995.
81. Lieberman interview.
82. Levin interview; McDevitt interview.
83. Levin and McDevitt, p. 117.
84. McDevitt interview.
85. Levin interview.
86. Levin interview.
87. McDevitt interview.
88. McDevitt interview.
89. Levin interview.
90. Presentation by Kevin P. Giblin, unit chief,
Terrorist Research and Analytical Center, U.S.
Department of Justice, Federal Bureau of
Investigation (National Research Council,
Commission on Behavioral and Social Sciences and
Education, Committee on Law and Justice, Planning
Meeting, March 1996).
91. McDevitt interview.
92. Dees and Corcoran, p. 4.
93. Levin interview.
94. Levin interview.
95. Dees and Corcoran, p. 202.
96. Laurie Goodstein, "Freemen's Theological
Agenda," Washington Post, April 9, 1996, p. A3.
97. Dees and Corcoran, pp. 204-208.
98. Testimony of Mayor Emanuel Cleaver II, Kansas
City, Missouri, before the Senate Committee on the
Judiciary (March 19, 1996).
99. State v. Stalder, 630 So. 2d 1072 (Fla. 1994).
100. Rosemarie A. Miccacci, "Wisconsin v. Mitchell:
Punishable Conduct v. Protected Thought," New
England Journal on Criminal and Civil Confinement
21(1995), p. 131.
101. 505 U.S. 377 (1992).
102. 113 S. Ct. 2194 (1993).
103. See, e.g., Grover v. Florida, 632 So. 2d 691
(Fla. Dist. Ct. App. 1994); Florida v. Trabert, 637
So. 2d 72 (Fla. Dist. Ct. App. 1994); People v.
MacKenzie, 34 Cal. App. 4th 1256 (1995); In re
M.S., 896 P.2d 1365 (Cal. 1995); People v. Aishman,
896 P.2d 1387 (Cal. 1995); State v. Vanatter, 869
S.W.2d 754 (Mo. 1994); State v. McKnight, 511
N.W.2d 389 (Iowa 1994).
104. See, e.g. Ayers v. State, 645 A.2d 22 (Md.
1994), cert. denied, 115 S. Ct. 942 (1995); State
v. McKnight, 511 N.W.2d 389 (Iowa 1994), cert.
denied, 114 S. Ct. 2116 (1994); State v. Mortimer,
641 A.2d 2576 (N.J. 1994), cert. denied, 115 S. Ct.
440 (1994).
105. Ayers v. State, 645 A.2d 22 (Md. 1994), cert.
denied, 115 S. Ct. 942 (1995).
106. State v. Vanatter, 869 S.W.2d 754 (Mo. 1994).
107. 65 F.3d 918 (11th Cir. 1995), cert. denied 116
S. Ct. 958 (1996).
108. 42 U.S.C. 3631 specifically provides that
"whoever . . . by force or threat or force
willfully injures, intimidates or interferes with,
or attempts to injure, intimidate or interfere with
-- (a) any person because of his race, color,
religion, sex, handicap . . ., familial status . .
., or national origin and because he is or has been
. . . purchasing, [or] occupying . . . any dwelling
. . . shall be fined under this subchapter or
imprisoned not more than one year, or both. . . ."
109. See also United States v. Lee, 6 F.3d 1297
(8th Cir. 1993), cert. denied 114 S. Ct. 1550
(1994); Cotton v. Duncan, 1993 WL 473622 (N.D. Ill.
1993).
110. 656 So. 2d 479 (Fla. 1995).
111. William Branigan and John E. Yang, "House
Passes Major Immigration Bill Without Reducing
Legal Limits," Washington Post, March 22, 1996, p.
A10.
112. Anti-Defamation League, Audit of Anti-Semitic
Incidents, 1994.
113. Arent testimony.
114. Bishop and Slowikowski.
115. Lieberman, "Federal Action to Confront Hate
Crimes."
116. Public Law 103-322, Title IV.
117. Public Law 103-322, Section 280003.
118. Arent testimony.
119. Community Relations Service, Annual Report of
the Community Relations Service (Washington, D.C.:
U.S. Department of Justice, 1995). This report was
for fiscal year 1994.
120. Arent testimony.
121. Arent testimony.
122. According to the UCR, these States either did
not participate in 1995, had fewer than 10 agencies
submitting reports, or had fewer than 10 incidents
reported: Alaska, Arkansas, Delaware, District of
Columbia, Georgia, Hawaii, Illinois (excluding
Chicago), Kentucky, Louisiana, Maine, Nebraska,
Mississippi, Nevada, New Hampshire, New Mexico,
North Carolina, Oklahoma, Rhode Island, South
Dakota, Tennessee, Vermont, and Wyoming.
123. Part of the information in this chapter was
gleaned from 350 Tested Strategies to Prevent
Crime: A Resource for Municipal Agencies and
Community Groups (Washington, D.C.: The National
Crime Prevention Council, 1996). Used with
permission.
124. Leiberman interview.
125. Arent testimony.
126. Arent testimony.
127. Michael Lieberman, "The Hate Crime Statistics
Act: The FBI's 1994 Report," ADL Law Enforcement
Bulletin (New York: Anti-Defamation League, 1995),
p. 1.
128. Arent testimony.
129. Levin and McDevitt, p. 231.
130. Levin and McDevitt, p. 239.
________________________________________
Appendix A: Bibliography
Anti-Defamation League. Audit of Anti-Semitic
Incidents, 1994. New York. 1995.
Bishop, Eric and Slowikowski, Jeff. "Hate Crime."
Fact Sheet #29. Washington, D.C.: Office of
Juvenile Justice and Delinquency Prevention, U.S.
Department of Justice. August 1995.
Branigan, William and Yang, John E. "House Passes
Major Immigration Bill Without Reducing Legal
Limits." Washington Post, March 22, 1996, p. A10.
Community Relations Service. Annual Report of the
Community Relations Service. Washington, D.C.: U.S.
Department of Justice. 1995.
Crumm, David. "Truth Emerges From a False Crisis."
Detroit Free Press, September 3, 1996, p. A7.
Dees, Morris and Corcoran, James. Gathering Storm:
The Story of America's Militia Network. New York:
Harper Collins. 1996.
Fainberg, Anthony. "Terrorism and Hate Crimes in
the U. S.: Prospects for the Nineties and
Government Responses." Background paper for
National Research Council, Commission on Behavioral
and Social Sciences and Education, Committee on Law
and Justice, March 1996.
Federal Bureau of Investigation. Hate Crime
Statistics, 1992. Washington, D.C.: U.S. Department
of Justice. 1993.
Federal Bureau of Investigation. Hate Crime
Statistics, 1993. Washington, D.C.: U.S. Department
of Justice. 1994.
Federal Bureau of Investigation. Hate Crime
Statistics, 1994. Washington, D.C.: U.S. Department
of Justice. 1995.
Federal Bureau of Investigation. Hate Crime
Statistics, 1995. Washington, D.C.: U.S. Department
of Justice. 1996.
Goodstein, Laurie. "Freemen's Theological Agenda."
Washington Post, April 9, 1996, p. A3.
Hamm, Mark S. "Terrorism, Hate Crimes, and
Anti-Government Violence: A Preliminary Review of
the Research." Background paper for National
Research Council, Commission on Behavioral and
Social Sciences and Education, Committee on Law and
Justice. March 1996.
Harrison, Eric. "Black Churches Have Long Been
Targets." Los Angeles Times, June 15, 1996, p. A1.
Harrison, Eric. "Christian Coalition Offers Blacks
Repentance, Funds." Los Angeles Times, June 19,
1996, p. A1.
Johnston, David. "Hostility Toward Arabs and Jews
Is Found on Rise." New York Times, February 7,
1991, p. A22.
Kapler, Robert. "Number of Hate Crimes by Blacks
Rising, Rights Group Says." Justice Research.
Washington, D.C.: National Criminal Justice
Association. November/December 1993. p. 3.
Klanwatch, a Project of the Southern Poverty Law
Center. "The Dynamics of Youth, Hate and Violence."
Klanwatch Intelligence Report. Montgomery, Alabama.
October 1995.
Klanwatch, a Project of the Southern Poverty Law
Center. The Ku Klux Klan: A History of Racism and
Violence. Montgomery, Alabama. 1991.
Labaton, Stephen. "Poor Cooperation Deflates FBI
Report on Hate Crimes." New York Times, January 6,
1993, p. A10.
Levin, Brian. "Bias Crimes: A Theoretical and
Practical Overview." Stanford Law and Policy Review
(Winter 1993-94).
Levin, Jack and McDevitt, Jack. Hate Crimes: The
Rising Tide of Bigotry and Bloodshed. New York:
Plenum Press. 1993.
Lieberman, Michael. "Federal Action to Confront
Hate Crimes: Preventing Violence and Improving
Police Response." New Challenges: The Civil Rights
Record of the Clinton Administration Mid-term.
Washington, D.C.: Citizens' Commission on Civil
Rights. 1995. p. 217-229.
Lieberman, Michael. "The Hate Crime Statistics Act:
The FBI's 1994 Report." ADL Law Enforcement
Bulletin. New York: Anti-Defamation League. 1995.
Miccacci, Rosemarie A. "Wisconsin v. Mitchell:
Punishable Conduct v. Protected Thought." New
England Journal on Criminal and Civil Confinement
21(1995), p. 131.
National Asian Pacific American Legal Consortium.
Audit of Violence Against Asian Pacific Americans.
Washington, D.C. 1994.
National Asian Pacific American Legal Consortium.
Audit of Violence Against Asian Pacific Americans.
Washington, D.C. 1996.
National Crime Prevention Council. 350 Tested
Strategies To Prevent Crime: A Resource for
Municipal Agencies and Community Groups.
Washington, D.C. 1995.
National Fire Academy. The National Arson
Prevention Initiative. Emmitsburg, Maryland: U.S.
Fire Administration. 1996.
NGLTF Policy Institute. Anti-Gay and Lesbian
Violence in 1994: National Trends, Analysis, and
Incident Summaries. Washington, D.C. 1995.
NGLTF Policy Institute. Anti-Gay and Lesbian
Violence, Victimization, and Defamation Report for
1991. Washington, D.C. 1991.
NGLTF Policy Institute. Anti-Gay and Lesbian
Violence, Victimization, and Defamation Report for
1994. Washington, D.C. 1994.
Office for Victims of Crime. National Bias Crimes
Training for Law Enforcement and Victim Assistance
Professionals: A Guide for Training Instructors.
Washington, D.C.: U.S. Department of Justice. 1995.
U.S. Commission on Civil Rights. Transcripts of
Community Forums, Burning of African-American
Churches in (Alabama, Louisiana, Mississippi, North
Carolina, South Carolina, and Tennessee) and
Perceptions of Race Relations. July 2-18, 1996.
The World Almanac and Book of Facts. New York.
1996.
----------------------------------------
Appendix B: Sources for Further Information
Federal Bureau of Investigation
Uniform Crime Reports
J. Edgar Hoover Building
10th and Pennsylvania Avenue NW.
Washington, DC 20535
Phone: 202-324-1143
Anti-Defamation League (ADL)
823 United Nations Plaza
New York, NY 10017
Phone: 212-490-2525
National Criminal Justice Association
444 North Capitol Street NW., Suite 608
Washington, DC 20001
Phone: 202-347-4900
Fax: 202-347-2862
BJA Clearinghouse
P.O. Box 6000
Rockville, MD 20849-6000
Phone: 800-688-4252
BBS; 301-738-8895
E-mail: [email protected]
----------------------------------------
Bureau of Justice Assistance Information
General Information
Callers may contact the U.S. Department of Justice
Response Center for general information or specific
needs, such as assistance in submitting grants
applications and information on training. To
contact the Response Center, call 1-800-421-6770 or
write to 1100 Vermont Avenue NW., Washington, DC
20005.
Indepth Information
For more indepth information about BJA, its
programs, and its funding opportunities, requesters
can call the BJA Clearinghouse. The BJA
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Justice Reference Service (NCJRS), shares BJA
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and community groups across the country.
Information specialists are available to provide
reference and referral services, publication
distribution, participation and support for
conferences, and other networking and outreach
activities. The Clearinghouse can be reached by:
Mail:
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Visit:
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Telephone:
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eastern standard time
Fax:
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Fax on Demand:
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BJA Home Page:
http://www.ojp.usdoj.gov/BJA
NCJRS World Wide Web:
http://www.ncjrs.org
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