Title: Responding to Hate Crime: A Multidisciplinary Curriculum For Law Enforcement and Victim Assistance Professionals Series: Training Curricula Author: National Center for Hate Crime Prevention Education Development Center, Inc. Published: February 2000 Subject: Hate Crime, Police Training, Victims-General 188 pages 327,680 bytes ---------------------------- Figures, charts, forms, and tables are not included in this ASCII plain-text file. To view this document in its entirety, download the Adobe Acrobat graphic file available from this Web site or order a print copy from Office for Victims of Crime Resource Center at 800-627-6872. ---------------------------- Responding to Hate Crime: A Multidisciplinary Curriculum For Law Enforcement and Victim Assistance Professionals National Center for Hate Crime Prevention Education Development Center, Inc. Funded by the United States Department of Justice, Office for Victims of Crime NCJ 182290 February 2000 ---------------------------- For more information on using this curriculum or for assistance with the issue of hate crime, please call or write: National Center for Hate Crime Prevention Education Development Center, Inc. 55 Chapel Street Newton, MA 02458-1060 (800) 225-4276 or (617) 969-7100 www.edc.org/HHD/hatecrime/ This curriculum was developed under a project funded by the Office for Victims of Crime (OVC), United States Department of Justice (award #96-MU-MU-K001). It is a revision of an earlier curriculum, the National Bias Crimes Training Manual, co-authored by Education Development Center, Inc. (EDC) and the Massachusetts Criminal Justice Training Council and co-funded by OVC and the Bureau of Justice Assistance. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. Cite as: McLaughlin, K. A., Malloy, S. M., Brilliant, K. J., & Lang, C. (2000). Responding to Hate Crime: A Multidisciplinary Curriculum for Law Enforcement and Victim Assistance Professionals. Newton, MA: National Center for Hate Crime Prevention, Education Development Center, Inc. Copyright [copyright] February 2000 by the National Center for Hate Crime Prevention, Education Development Center, Inc. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of Education Development Center, Inc. This restriction shall not apply to the transparencies and handouts accompanying the text and intended for duplication. ---------------------------- Acknowledgments EDC gratefully acknowledges the contribution of the many professionals who contributed to the development of the original curriculum, as well as the faculty, grant monitors, advisors, researchers, practitioners, law enforcement officials, victim assistance professionals, victims, and others who have contributed so generously to develop and improve professional training opportunities in the area of hate crime response and prevention. We are inspired by your diligence and courage in such a critical endeavor. ---------------------------- Project Grantee and Advisors Project Grantee Education Development Center, Inc. National Center for Hate Crime Prevention 55 Chapel Street Newton, MA 02458-1060 Karen A. McLaughlin Project Director (617) 969-7100, x2360 Albertha Walley Senior Administrative Assistant (617) 969-7100, x2534 E-mail: awalley@edc.org Special Thanks United States Department of Justice Office for Victims of Crime Kathryn M. Turman, Director Sue Shriner, Program Specialist Tim Johnson, Program Specialist Duane Ragan, Program Analyst Civil Rights Division, Criminal Section Jessica A. Ginsberg, Deputy Chief Office of the Deputy Attorney General Allyson Stollenwerck, Special Assistant Office of Policy Development Lisa R. Graves, Senior Counsel FBI Criminal Investigative Division Owen Harris, Supervisor Special Agent The following individuals assisted in the development of the original curriculum and training program: Chief Robert P. Anthony William D. Baker Donna Bonaparte William Bratton Kevin M. Burke Richard Cole Brian Daley Drew Diamond Sgt. Brian Flynn Chief Edward Flynn Alice M. Foley Lucy Friedman Sally Greenberg Bea Hanson Sgt. John K. Henderson William Johnston Hon. Maria Lopez Jack McDevitt Hon. Paul L. McGill Albert Mokhiber Dr. Brian Kenji Ogawa John A. Schuyler Adele Dutton Terrell Hon. Irene Toledo Robert E. Weinerman Dan Welch ---------------------------- Staff Staff for Second Edition Karen A. McLaughlin Project Director Stephanie Malloy Writer/Editor Lorena Martinez-Diaz Research Assistant Osula Evadne Rushing Project Associate Ronnie DiComo Jennifer Roscoe Jeanine M. Reed Graphic Designers Jennifer Davis-Kay Copy Editor Original Authors, First Edition Karen A. McLaughlin Cynthia Lang Kelly A. Brilliant This curriculum is a revision of an earlier version entitled the National Bias Crime Training Manual. ---------------------------- Table of Contents Project Grantee and Advisors Staff Guide to Using This Curriculum Purpose of the Training Key Features of the Training Approach Organization of the Curriculum Preparations for Sponsoring and Conducting the Training Planning for Individual Sessions Overview of Sessions: At a Glance Session A: Introduction and Overview: Defining and Recognizing Bias Crime I. Activity: Introductions II. Presentation: Overview of Bias Crime III. Presentation: Introduction to Bias Crime Indicators IV. Activity: Application to a Case V. Closing Comments Session B: Victim Impact I. Presentation: Overview of Victim Trauma II. Activity: Analysis of Video Segments III. Presentation: Unique Features of Bias Crimes and Their Impact on Bias Crime Victims IV. Victim Presentation and Discussion Session C: Bias Crime Offenders I. Presentation: Offender Typology II. Presentation: Organized Hate Groups III. Activity: Analysis of Three Video Segments Session D: Bias Crime and the Law I. Presentation: Introduction to Federal and State Laws II. Activity: Criminal Law Case Application and Discussion III. Optional Activity: Drafting Civil Rights Injunctions IV. Presentation: Emerging Legal Issues Session E: Roles of Law Enforcement and Victim Assistance Professionals I. Activity: Discussion of the Roles, Responsibilities, and Unique Challenges in Responding to Bias Crimes II. Presentation: Investigative Strategies III. Presentation: Advocacy on Behalf of Victims and Their Families (15 minutes) Session F: Cultural Issues and Community Strategies for Dealing with Bias Crime I. Presentation: Defining Culture and Why It Matters in Dealing with Bias Crime II. Activity: Culture and Heritage III. Presentation: Implications of Culture and Diversity for Bias Crime IV. Presentation: Community Impact and Outreach Appendix A: A Model Hate Crime Protocol Appendix B: State Bias Crimes Statutory Provisions Appendix C: Bias Crimes Statutes and Related Provisions Nationwide Appendix D: Resources Bias Crime Bibliography Websites Relevant to Bias Crime ---------------------------- Guide to Using This Curriculum Bias crimes seriously threaten our democratic society, which is built on the strength of its diversity. These crimes represent a particularly heinous form of violence, in which thousands of Americans are victimized each year because of their skin color, ethnicity, religion, gender, sexual orientation, or disability. Growing concern exists around the country, in communities large and small, urban, suburban, and rural, about the prevalence of bias crime. Swift and effective investigation, prosecution, and response to these crimes is critical for developing and maintaining both respect for and appreciation of the growing diversity of our country's citizens. This training package builds on the best efforts and practices to date, identified by national experts in law enforcement, victim assistance, and hate crime prevention and response. This curriculum differs from others in that it is intended for a multidisciplinary training audience, including law enforcement officers, victim advocates, and community-based organizations. It was field-tested to ensure its relevance to both victim assistance and law enforcement professionals and its user-friendliness. The results are reflected in the approach and materials presented here in this curriculum. Purpose of the Training Professionals in the fields of both law enforcement and victim assistance feel a growing desire to better respond to victims of bias crime and to work together more effectively. With the increased national awareness of the need to recognize and respond to these crimes, and with the growing number of states enacting hate crime legislation, professionals in these fields express a need for up-to-date training that is multidisciplinary in nature. Responding to Hate Crime: A Multidisciplinary Curriculum was developed to meet this need. Its focus is capacity building, and its purpose is to strengthen the knowledge and skills of individual professionals in law enforcement and victim assistance. Specifically, it is designed to do the following: o Provide law enforcement officials with up-to-date information and strategies to use in identifying bias crimes and in taking appropriate actions to deter and investigate these crimes o Provide victim assistance professionals with up-to-date information and strategies to use in assisting bias crime victims o Strengthen the capacity of professionals in both fields to contribute to successful investigation and prosecution of bias crime, and contribute to changing the community norms that presently foster a tolerance to and indifference towards these crimes o Provide professionals in both fields with the perspectives and strategies to work more effectively within their own departments and agencies, with one another, and within their communities Key Features of the Training Approach Responding to Hate Crime: A Multidisciplinary Curriculum is a six-session training program. Several characteristics central to its design are important to understand. Integrated Audience The curriculum is designed for an integrated audience of law enforcement and victim assistance professionals. Since a major training goal is to provide a forum where professionals from these two fields can learn from one another, most of the sessions are structured either for the entire audience, or smaller integrated groups of representatives from each field. The pilot test showed that a major benefit for participants is the chance to interact and learn, side by side, with professionals from their own and one another's fields. Comprehensive Approach This curriculum was developed to address the range of issues relevant to bias crime: deterrence and prevention, the needs of victims and the community, and the ability of the criminal justice system to investigate, report, and prosecute these crimes. It was also developed in a modular format to enable local jurisdictions to adapt and customize their own trainings based on their particular needs and time constraints. Interactive Style The curriculum is designed to take into account the characteristics of adult learners. Participants respond best and learn most in a forum that fosters discussion and interactive learning. Therefore, the training is designed to promote discussion and interaction. Activities have been developed and selected to provide the greatest opportunities for skill building in the most comfortable manner. Law enforcement and victim assistance professionals collectively bring a broad base of knowledge and experience to the training. Several activities in this curriculum provide an opportunity for law enforcement and victim assistance professionals to solve problems together. Case Studies The cases used in this curriculum are adapted from actual criminal cases gathered from police departments and prosecutor's offices. Names and addresses have been changed to preserve anonymity. Cases were specially selected to illustrate various aspects of bias crime and provide authenticity to enhance group discussions. In adapting this curriculum for local use, instructors may change the type of victimization, locales, and/or names used in the cases to reflect their regions. Organization of the Curriculum Each session is organized as follows: o Overview: Shows, at a glance, the content, method, and suggested time allotted to each part of the session o Objectives: Details the anticipated learning outcomes of each session o Time: Specifies the amount of time required for the session o Videos: Lists videos to be obtained and previewed before leading the session, where applicable o Notes to the Instructor: Highlights important points that instructors should make, and provides special instructions for implementing each session or activity o Instructor's Notes: Presents the content for the session, describes the methodology (e.g., presentation, activity, case discussion), and includes a discussion framework and key questions, directions for conducting activities, and any other background information that will be useful to instructors as they conduct the training or review key topics o Transparencies and Handouts: Presents in each session hard copy pages, marked and coded, that can be copied onto overhead transparency sheets or for distribution as handouts; often, a more expanded version of a transparency's text will appear in the Instructor's Notes To assist instructors, the curriculum uses a series of icons to show when videos, transparencies, handouts, case studies, and flipcharts will be used during the course of each session. These icons are as follows: Flipchart Video Transparency Handout Case study Preparations for Sponsoring and Conducting the Training Cosponsoring the Training It is recommended that this training be jointly sponsored by a law enforcement agency and victim service agency. Recruitment of Instructors Instructors for the training can be recruited from any of the following organizations: o Local police department, sheriff's department, or other law enforcement agency o Federal Bureau of Investigation o Community Relations Service of the Department of Justice o United States Attorney's office o State Attorney General's office o County Prosecuting Attorney's office o Legal advocacy organizations o National victim organizations o State victim assistance agencies o Victim advocacy organizations o Mental health organizations o Universities with programs in criminal justice o Community-based/civil rights organizations Instructors should have the following background: o Diversity training o Awareness and understanding of the impact of bias crime and the need for effective responses o Experience in conducting training with law enforcement and/or victim assistance professionals Instructors should also be representative of the community and should be diverse in terms of cultural background, gender, and professional affiliation. Recruitment of Participants Participants from law enforcement and victim services may be recruited from the same list of agencies and departments utilized for recruiting instructors. Participants should be balanced in terms of: o cultural background and gender o professional affiliation o level of experience Planning for Individual Sessions Planning for Session B: Victim Impact This session incorporates a presentation from an actual victim of a bias crime. The purpose of the presentation is as follows: o To demonstrate the impact of a bias crime on the victim o To make the trauma experienced by the victim real to participants o To reinforce the fact that bias crimes occur within the local community The instructor may be able to recruit a victim from the following agencies or departments: o Police department o Prosecutor's office o Victim service agency o Advocacy organization The following are important issues to address before recruiting a victim: o Victim's need for confidentiality and/or privacy o Status of the victim's case in court o Time frame of the victim's trauma (i.e., was this a recent attack?) o Need for an interpreter/translator o Access and logistic arrangements (e.g., the victim may be physically challenged and/or in need of an access ramp to the training facility) The victim should be given ample notice that he or she will be speaking to a group and addressing the following issues: o The victim's personal experience as a victim o The impact the bias crime had on the victim--physical, emotional, financial, or otherwise o The response of the criminal justice system o The response of other professionals, friends, and family o The victim's recommendations for improving the response to bias crime By bringing along a support person, the victim may feel more comfortable in the presentation. Planning for Session D: Bias Crime and the Law For this session, you will need obtain copies of your state's criminal, civil, and reporting laws covering bias crime. You should then create transparencies highlighting the primary elements of these laws. You may also wish to develop handouts that contain full or partial text of the laws. This session includes six cases that should be reviewed prior to the session by the instructor in light of the relevant state statutes. Each case is followed by a list of questions for instructors to review with participants. Suggested answers are provided for most of these questions. However, some of the answers depend upon individual state laws. Therefore, instructors should review the questions and prepare state-specific answers to those questions that require them. In the interest of time, instructors may choose to use only those cases that best suit the experience level of the audience. However, the cases should be discussed in sequence whenever possible, because they grow progressively more complex and more legally ambiguous. Ordering Videos The video segments for the curriculum were selected by experts in the area of bias crime from the fields of law enforcement, victim assistance, and curriculum development. The videos chosen were selected from a pool of videos that were screened and rated on the relevance of their content, the quality of production, and the timeliness of events portrayed. Videos should be ordered at least four to six weeks in advance of the training. Information on purchasing or renting videos is included in each session, where applicable. ---------------------------- OVERVIEW OF SESSIONS: AT A GLANCE Session A: Introduction and Overview: Defining and Recognizing Bias Crime Overview--Time Activity: Introductions--10 minutes Presentation: Overview of Bias Crime--20 minutes Presentation: Introduction to Bias Crime Indicators--15 minutes Activity: Application to a Case--25 minutes Closing Comments--5 minutes TOTAL TIME--1 hour, 15 minutes Equipment: Overhead projector; screen; flipchart Session B: Victim Impact Overview--Time Presentation: Overview of Victim Trauma--5 minutes Activity: Analysis of Video Segments--20 minutes Presentation: Unique Features of Bias Crime and Its Impact on Bias Crime Victims--15 minutes Victim Presentation and Discussion-- 20 minutes TOTAL TIME--60 minutes Equipment: Overhead projector; screen; flipchart; VCR; monitor Session C: Bias Crime Offenders Overview--Time Presentation: Offender Typology--30 minutes Presentation: Organized Hate Groups--15 minutes Activity: Analysis of Three Video Segments--45 minutes TOTAL TIME--90 minutes Equipment: Overhead projector; screen; flipchart; VCR; monitor Session D: Bias Crime and the Law Overview--Time Presentation: Introduction to Federal and State Laws--30 minutes Activity: Criminal Law Case Application and Discussion 30 minutes Optional Activity: Drafting Civil Rights Injunctions--20 minutes Presentation: Emerging Legal Issues--10 minutes TOTAL TIME--90 minutes Equipment: Overhead projector; screen Session E: Roles of Law Enforcement and Victim Assistance Professionals Overview--Time Activity: Discussion of Roles, Responsibilities, and Unique Challenges in Responding to Bias Crimes--20 minutes Presentation: Investigative Strategies--25 minutes Presentation: Advocacy on Behalf of Victims and Their Families--15 minutes TOTAL TIME--60 minutes Equipment: Flipchart; markers; overhead projector; screen Session F: Cultural Issues and Community Strategies for Dealing with Bias Crime Overview--Time Presentation: Defining Culture and Why It Matters in Dealing with Bias Crime-- 15 minutes Activity: Culture and Heritage--15 minutes Presentation: Implications of Culture and Diversity for Bias Crime--20 minutes Presentation: Community Impact and Outreach--10 minutes TOTAL TIME--60 minutes Equipment: Overhead projector; screen; flipchart ---------------------------- Session A Introduction and Overview: Defining and Recognizing Bias Crime Overview of the Session: At a Glance Activity: Introductions--10 minutes Presentation: Overview of Bias Crime--20 minutes Presentation: Introduction to Bias Crime Indicators--15 minutes Activity: Application to a Case--25 minutes Closing Comments--5 minutes TOTAL TIME--1 hour, 15 minutes Objectives By the end of this session, participants will be able to: o Discuss the seriousness of bias crime in terms of its impact on the individual and the community o Explain why bias crime requires a special response from law enforcement and victim service professionals o Understand the scope of the problem and the limitations of existing data o Define the term "bias crime indicator" o Describe the purpose of bias indicators and how they are used o Evaluate a case example to determine which bias indicators are present Materials and Equipment Time: 1 hour, 15 minutes Handouts: Bias Crime Indicators; The Case of Steven Thompkins and Henry Briggs Transparencies: Key Points on Bias Crimes; Hate Crimes and Agencies Reporting (1992-1998); Bias Motivation Trends (1992-1998); Definition of a Bias Crime Indicator; Indicator Cautions Video (optional): "Responding to Hate Crimes: A Roll Call Training Video for Police Officers," International Association of Chiefs of Police Equipment: Overhead projector; screen; flipchart Instructor's Notes I. Activity: Introductions (10 minutes) Deliver welcoming remarks, introduce sponsoring agencies and any visiting guest speakers, and present the purpose of the training: to enhance professional capacity in responding to bias crime. Invite participants to turn to their fellow participants and introduce themselves. Ask them to discuss briefly with one another how they would define a bias crime and to give an example of a bias incident or crime they have dealt with either personally or professionally. Invite a few volunteers to share their experiences with the group. Note to Instructor The terms "bias crime" and "hate crime" are used interchangeably throughout this curriculum. The major idea to convey in the beginning of this session is that bias crime-- because of its very nature, its impact on victims and the community, and the inherent difficulties in identifying and prosecuting these crimes--demands a special response on the part of law enforcement and victim assistance professionals. The goal of this curriculum is to help professionals in both fields understand the complex issues inherent in these tragic incidents and become better equipped to respond effectively. II. Presentation: Overview of Bias Crime (20 minutes) This is a short lecture presentation, to convey key points. Use Transparency A1, "Key Points on Bias Crime," as an outline for your presentation. Key Points on Bias Crime Overview of Bias Crime o The Federal Hate Crime Statistics Act defines bias crime as crime "motivated, in whole or in part, by hatred against a victim based on his or her race, religion, sexual orientation, ethnicity, national origin, or disability." o Constitutional protections are guaranteed to all Americans, yet some individuals are victimized, sometimes subtly and at other times very overtly, for no reason other than the color of their skin, the religion they profess, the heritage of their parents, or their sexual orientation. It is most unsettling to the victims because there is nothing they can do to alter the situation, nor is there anything they should be expected to change. o Not only is the individual who is personally touched by these offenses victimized, but the entire class of individuals residing in the community is affected as well. o Federal laws and state statutes protect individuals from bias crime and provide a basis for prosecution of offenders. Bias Crimes: Unique Challenges to Professionals o Because of their unique psychological impact on the victim, bias crimes can have a more devastating effect than other crimes on both the victim and the victim's community. o Bias crimes are considered "message crimes"--crimes that send a message of fear and terror, based on a foundation of bigotry. o Bias crimes have an impact on the victim's community. As a result, a seemingly insignificant incident can exacerbate existing tension within the community, with the potential for reprisals and escalating violence. o Therefore, bias crimes demand a special response from law enforcement and victim assistance professionals. Victims of bias crime often suffer serious and long-lasting traumatic stress that can be made worse by an inappropriate response. Note to Instructor The definition of hate crime used here is from the Hate Crime Statistics Act. Explain to participants that federal and state laws define hate crime differently and include different protected categories. A comprehensive review of the legal issues regarding the definition of hate crime can be found in Session D, Bias Crime and the Law. Scope of Bias Crime[1] o Prior to 1990, no comprehensive source of bias crime incidence data existed in the United States, due in part to differences in defining, reporting, and compiling incidents of bias crime in different states. o To remedy this lack of reporting, the federal government enacted the Hate Crime Statistics Act in 1990. o Currently, state law enforcement agencies and police departments collect and document bias crimes in different ways. Gradually, agencies have become better about documenting and reporting bias crimes; the latest FBI report lauds the efforts of state and local law enforcement agencies in helping to create a more thorough and comprehensive data set. o From 1992-1998, an average of over 8,000 hate crimes were reported to the FBI each year. Transparency A2 shows the data for each year, as well as the number of law enforcement agencies reporting. o Of the reported hate crimes from 1992-1998, 61 percent were motivated by racial bias, 17 percent by religious bias, 12 percent by sexual orientation bias, and 10 percent by ethnicity/national origin bias. Bias crimes against people with disabilities accounted for less than 1 percent of hate crimes in 1997 and 1998, the first years for which this data was collected.[2] o Advocacy groups have also done exemplary work in documenting bias crimes and incidents (e.g., the Anti-Defamation League, National Urban League, National Gay and Lesbian Task Force, American-Arab Anti-Discrimination Committee, Committee Against Anti-Asian Violence, Asian Law Caucus, Japanese American Citizens League, National Institute Against Prejudice and Violence, and others). These data supplement the FBI data and also indicate that many hate crimes are not reported to law enforcement and/or are not prosecuted as hate crimes. o Although some data problems do exist and it is currently impossible to say with certainty what the incidence of bias crime is nationally, it is important to remember that these crimes have a significant impact in several areas: --the victim --the community --our democratic society, civil rights, and protections These crimes threaten the well-being of our society. Although the attacks may vary widely in their severity, the impact on the broader community is profound. Note to Instructor Explain to participants that because reporting is voluntary and because many hate crimes are either unrecognized by law enforcement or unreported by victims, the number of reported hate crimes is probably much lower than the actual number of hate crimes. However, hate crime data is still useful in that it documents the existence of hate crime, enables professionals and policymakers to examine trends, and helps identify which groups are most likely to be victimized. This is also a good opportunity to encourage participants to improve their local practices of recognizing and reporting hate crimes and to collect good local data that will enable them to address the problem in their communities. III. Presentation: Introduction to Bias Crime Indicators (15 minutes) Explain what bias indicators are: o The clues that law enforcement professionals look for in determining if a case should be investigated as a bias crime o The guidelines that shape the investigative process Confirm that, ultimately, the determination that a crime is a bias crime will be based on the facts of the case. Bias indicators suggest a possibility, not a legal certainty. Explain to participants that bias crime indicators assist law enforcement in confirming that a particular crime was in fact motivated by the offender's bias. The identification and confirmation of prejudice motivation must be made for five primary reasons:[3] 1. Successful prosecution 2. Proper law enforcement and victim assistance response to victims and communities 3. Development of effective prevention programs and strategies 4. Accurate data collection to inform research, legislation, and public policy 5. Victim and community awareness and understanding Review the formal definition of bias indicators, using Transparency A4, "Definition of a Bias Crime Indicator." Definition of a Bias Crime Indicator Objective facts, circumstances, or patterns attending a criminal act(s), which, standing alone or in conjunction with other facts or circumstances, suggest that the offender's actions were motivated, in whole or in part, by any form of bias. --Massachusetts Model Protocol for Bias Crime Investigation Distribute Handout A1, "Bias Crime Indicators," and give participants several minutes to review the handout. Remind participants that the indicators (on the handout and listed below) are not inclusive, nor does the presence of one confirm the presence of bias. All cases should be investigated and evaluated on an individual basis. The following factors may indicate the possibility of a bias motivation. Explain that bias indicators need not establish that the predominant motivation for an offender's actions was hatred or bias. An incident can be classified as a bias crime if the offender was acting out of hatred or bias, together with other motives, or if a bias motive was a contributing factor, in whole or in part, in the commission of a criminal act. Note to Instructor An optional activity: A new video entitled "Responding to Hate Crimes: A Roll Call Training Video for Police Officers," was recently developed with funding from the Bureau of Justice Assistance (BJA), U.S. Department of Justice. The video has an excellent 8-minute segment on hate crime indicators. The International Association for Chiefs of Police (IACP) created a brochure to accompany the video. You may wish to show the video during this session and distribute copies of the brochure. For information about the video, contact the BJA at (800) 688-4252. To order the brochure, call the National Criminal Justice Reference Service at (800) 851-3420, or download it from the IACP web site at . Bias Crime Indicators[4] Racial, Ethnic, Gender, and/or Cultural Differences o The race, religion, ethnicity/national origin, disability status, gender, or sexual orientation of victim differs from that of the offender. o The victim is a member of a group that is overwhelmingly outnumbered by members of another group in the area where the incident occurred. o The victim was engaged in activities promoting his or her group. o The incident coincided with a holiday or date of particular significance to the victim's group. o The victim, although not a member of the targeted group, is a member of an advocacy group that supports the victim's group, or the victim was in the company of a member of the targeted group. o Historically, animosity exists between the victim's group and the offender's group. Comments, Written Statements, or Gestures o Bias-related comments, written statements, or gestures were made by the offender. Drawings, Markings, Symbols, or Graffiti o Bias-related drawings, markings, symbols, or graffiti were left at the scene of the incident. Organized Hate Groups o Objects or items that represent the work of organized hate groups (e.g., white hoods, burning crosses, hate graffiti) were left at the scene of the incident. o There are indications that a hate group was involved; for example, an organized hate group claimed responsibility for the crime or was active in the neighborhood. Previous Bias Crimes or Incidents o Victim was visiting a location where previous bias crimes had been committed against members of the victim's group. o Several incidents occurred in the same area, and the victims were members of the same group. o Victim had received previous harassing mail or phone calls or had experienced verbal abuse based on his or her affiliation with a targeted group. o Recent bias incidents or crimes may have sparked a retaliatory hate crime. Victim/Witness Perception o Victims and/or witnesses perceive that the incident was motivated by bias. Motive of Offender o Offender was previously involved in a similar incident or is a member of, or associates with members of, an organized hate group. o The victim was in the company of or married to a member of a targeted group. o The victim was perceived by the offender as violating or breaking from traditional conventions or working in nontraditional employment. o The offender has a history of previous crimes with a similar modus operandi and involving other victims of the same race, religion, ethnicity/national origin, disability, sexual orientation, or gender. Location of Incident o The victim was in or near an area or place commonly associated with or frequented by members of a particular race, religion, ethnicity/national origin, disability, sexual orientation, or gender (e.g., a gay bar). o The incident occurred at or near a house of worship, religious cemetery, or home or establishment of a group considered a minority or "outsider" in a given neighborhood (e.g., a Korean store in an African American neighborhood, a gay bar, or an African American home in a predominately Irish American neighborhood). Lack of Other Motives o No clear economic or other motive for the incident exists. Invite participants to volunteer examples from their own experience that illustrate bias crime indicators. Use Transparency A5, "Indicator Cautions." Indicator Cautions[5] Need for Case-by-Case Assessment of the Evidence A small percentage of crimes motivated by bias may not exhibit any of the listed bias crime indicators. Conversely, some crimes that exhibit bias indicators may not be motivated by bias. Therefore, reporting agencies must closely examine each case for clear evidence that the motivation for the crime was bias-related. Misleading Facts Agencies must be alert to misleading facts. For example, if the offender used an epithet to refer to the victim's race, that might indicate bias; however, if the offender and the victim were of the same race, that same action doesn't necessarily suggest bias. Feigned Facts and Hoaxes Agencies must be alert to evidence left by the offenders that is meant to give the false impression that the incident was motivated by bias. For example, students of a religious school might vandalize their own school, leaving anti-religious statements and symbols on its walls, in the hope that they will be excused from attending class. However, even when a hoax is suspected, police must be especially careful not to announce this publicly. Bias crimes can attract intense community interest and sensational publicity. Stating that the incident may have been faked will often appear to be "blaming the victim," leading to a setback in police-community relations. On the other hand, if a solid investigation proves no bias was involved, police should rely on the strength of that evidence to convince a judge, jury, and the general public. Offender's Mistaken Perception Even if the offender was mistaken in his or her belief that the victim was a member of a racial, religious, ethnic/national origin, or sexual orientation group, the offense is still a hate crime as long as the offender was motivated by bias against that group. For example, a middle-aged, non-gay man walking past a bar frequented by gays was attacked by six teenagers who mistakenly believed the victim had left the bar and was gay. Although the offenders were wrong on both counts, the offense is a bias crime because it was motivated by the offenders' anti-gay bias. Changes in Findings of Bias If, after an initial incident report was submitted, a contrary finding regarding bias occurs, the national file must be updated with the new finding. For example, if an initial finding of no bias was later changed to racial bias, or a finding of racial bias was later changed to religious bias, the change should be reported to the FBI's Uniform Crime Reports Section. Note to Instructor Remind participants that the presence of one or more bias indicators suggests that a bias crime may have occurred but does not positively identify a crime or incident as being motivated by bias. IV. Activity: Application to a Case (25 minutes) Explain that participants are now going to break into pairs and identify the bias indicators in a case entitled "The Case of Steven Thompkins and Henry Briggs" (Handout A2). Explain that this case was specifically developed as a composite of many of the problems faced by law enforcement and victim assistance professionals when responding to bias crimes. Distribute Handout A2, "The Case of Steven Thompkins and Henry Briggs." Instruct participants to read the case study, and then, in pairs, use the questions that follow to discuss their responses. Ask for volunteers to describe the bias indicators they and their partners have identified. After several minutes, pose the questions that follow the case to solicit any bias indicators that have not been identified. Write the responses on a flipchart. The Case of Steven Thompkins and Henry Briggs The Incident Two men are walking together outside a restaurant in a small community with a large gay population. A group of five white, teenage males approaches them, and one of the teenagers in the group, distinguished from the others by his short crewcut, signals by raising his right arm. The group responds to the signal by bombarding the two men with rocks and bottles that had been concealed inside their jackets. One of the men is hit above the eye and cut by the broken glass of a bottle. Seeing the open wound on the man's face, the teenager who initiated the assault yells to the group, "Watch out, he probably has AIDS." The teenagers disperse. Hearing the commotion, the owner of the restaurant calls the police. Law Enforcement: First Response and Bias Indicators Responding patrol officer Jack McCarron arrives at the scene and immediately calls an ambulance for the wounded man. The officer requests that the other victim and the restaurant owner remain at the scene for questioning. The victims are identified as Steven Thompkins and Henry Briggs. Officer McCarron asks Mr. Briggs, the remaining victim, and the restaurant owner to describe the offenders in as much detail as they can recall. Henry Briggs, visibly shaken, tells the officer that he can barely remember a thing about the group. The restaurant owner tells the police officer that several of his customers have been the victims of similar incidents in this neighborhood: "These kids come over from Lakedale [a nearby town] just to stir up trouble." The officer takes down this information as part of his report and gets into his patrol car. As he is about to leave Henry Briggs rushes up to him, saying, "Wait, I do remember something else. When the punk with the short crewcut raised his arm, I saw a tattoo. I don't know what it was--it looked like some sort of skull to me." Officer McCarron responds, "Thanks, lots of kids have tattoos these days. I'll be in touch with you." Questions: 1. According to your knowledge and the definition of bias crime, might this incident be motivated by bias? What are the bias indicators? Possible/Desired Responses: Yes, the crime is motivated by bias. Bias indicators include the following: o Assault by a group of teenagers who are not residents of the area o Assault by a group of teenagers in a predominantly gay community o The lead offender's comment, "Watch out, he probably has AIDS," which may be a reference to the victim's presumed sexual orientation o The restaurant owner's remark that several similar incidents have occurred in this area o The skull tattoo on the arm of the lead offender, which may be an insignia of an organized hate group 2. If you believe the incident might be motivated by bias, what form of bias is being perpetrated by the teenagers? Would the form of bias be different if the situation and words spoken by the teenager were exactly the same but the men leaving the restaurant were African American? Possible/Desired Responses: The form of bias is bias against an individual's sexual orientation (note the offender's reference to AIDS). The form of bias would be the same if the men were African American, unless the offenders also made references to the victims' race. 3. With the information presented thus far, can this situation be identified as a possible bias crime or bias incident? What would distinguish it as one or the other? Possible/Desired Responses: Although elements for distinguishing bias crimes from bias incidents vary among states, it is acceptable to identify this case as a possible incident. V. Closing Comments (5 minutes) Explain that you want to provide some closing comments about bias indicators that will be useful to participants in investigating potential bias crimes and working with victims. Present the following information relative to bias indicators: o Often, law enforcement and victim service professionals overlook bias crimes when written or verbal bias language is not present and when other indicators may be less obvious. o The same holds true with bias crime homicide victims. Frequently in these cases there are no witnesses to the murder, and no one is able to report any language-based bias indicators; this challenges police to search for other, less obvious indicators. o When a robbery occurs, the motive can appear to be economic. However, if robbery is not mentioned or attempted until well into the encounter, it is highly possible that bias may be the primary motivation for the crime. The same principle holds true for sexual assault cases. o Remember that the victim does not always understand that he or she may have been victimized in a bias-motivated attack. Victims often search for other reasons to explain an attack because their group membership represents an aspect of themselves that is not generally possible to change; they will forever be identified as a member of that group and therefore vulnerable to attack. The same issue can apply to witnesses as well. o It is not essential to determine whether the victim is actually a member of a targeted group when identifying bias indicators. The issue of concern is the offender's motive based on his or her perception of who the victim is. o Keep in mind that bias indicators are factors that should be considered in determining the presence of a bias crime. They do not, in themselves, confirm that any incident was a hate offense. Next Steps for Professionals o Both victim assistance and law enforcement professionals are motivated by a desire to protect and serve victims and facilitate the administration of justice. o Several elements are critical in both fields for a more effective response: --improved data collection and documentation --improved cultural awareness and understanding of diversity --greater efforts at outreach to the victims --improved community relations --greater understanding of the law --greater understanding of the roles and responsibilities in each field o Our goal is to help you determine what more you can do to respond effectively to bias crimes. Transparency A1 KEY POINTS ON BIAS CRIME o Bias crimes are "crimes motivated, in whole or in part, by hatred against a victim based on his or her race, religion, sexual orientation, ethnicity, national origin, or disability." (Federal Hate Crime Statistics Act definition) o Federal laws and state statutes protect individuals from bias crime and provide a basis for prosecution of offenders. o Because of their unique psychological impact on the victim, bias crimes can have a more devastating effect than other crimes--on both the victim and the victim's community. o Before the passage of the Hate Crime Statistics Act in 1990, no comprehensive source of bias crime incident data existed in the United States, due in part to differences in defining, reporting, and compiling incidents of bias crime in different states. Transparency A2 HATE CRIMES AND AGENCIES REPORTING (1992-1998) is not included in this ASCII plain-text file. To view this document in its entirety, download the Adobe Acrobat graphic file available from this Web site or order a print copy from Office for Victims of Crime Resource Center at 800-627- 6872. Transparency A3 BIAS MOTIVATION TRENDS (1992-1998) is not included in this ASCII plain-text file. To view this document in its entirety, download the Adobe Acrobat graphic file available from this Web site or order a print copy from Office for Victims of Crime Resource Center at 800-627-6872. Transparency A4 DEFINITION OF A BIAS CRIME INDICATOR Objective facts, circumstances, or patterns attending a criminal act(s), which, standing alone or in conjunction with other facts or circumstances, suggest that the offender's actions were motivated, in whole or in part, by any form of bias. --Massachusetts Model Protocol for Bias Crime Investigation Handout A1 Bias Crime Indicators Racial, Ethnic, Gender, and/or Cultural Differences o The race, religion, ethnicity/national origin, disability status, gender, or sexual orientation of victim differs from that of the offender. o The victim is a member of a group that is overwhelmingly outnumbered by members of another group in the area where the incident occurred. o The victim was engaged in activities promoting his or her group. o The incident coincided with a holiday or date of particular significance to the victim's group. o The victim, although not a member of the targeted group, is a member of an advocacy group that supports the victim's group, or the victim was in the company of a member of the targeted group. o Historically, animosity exists between the victim's group and the offender's group. Comments, Written Statements, or Gestures o Bias-related comments, written statements, or gestures were made by the offender. Drawings, Markings, Symbols, or Graffiti o Bias-related drawings, markings, symbols, or graffiti were left at the scene of the incident. Organized Hate Groups o Objects or items that represent the work of organized hate groups (e.g., white hoods, burning crosses, hate graffiti) were left at the scene of the incident. o There are indications that a hate group was involved; for example, an organized hate group claimed responsibility for the crime or was active in the neighborhood. Previous Bias Crimes or Incidents o Victim was visiting a location where previous bias crimes had been committed against members of the victim's group. o Several incidents occurred in the same area, and the victims were members of the same group. o Victim had received previous harassing mail or phone calls or had experienced verbal abuse based on his or her affiliation with a targeted group. o Recent bias incidents or crimes may have sparked a retaliatory hate crime. Victim/Witness Perception o Victims and/or witnesses perceive that the incident was motivated by bias. Motive of Offender o Offender was previously involved in a similar incident or is a member of, or associates with members of, an organized hate group. o The victim was in the company of or married to a member of a targeted group. o The victim was perceived by the offender as violating or breaking from traditional conventions or working in nontraditional employment. o The offender has a history of previous crimes with a similar modus operandi, and involving other victims of the same race, religion, ethnicity/national origin, disability, sexual orientation, or gender. Location of Incident o The victim was in or near an area or place commonly associated with or frequented by members of a particular race, religion, ethnicity/national origin, disability, sexual orientation, or gender (e.g., a gay bar). o The incident occurred at or near a house of worship, religious cemetery, or a home or establishment of a group considered a minority or "outsider" in a given neighborhood (e.g., a Korean store in an African American neighborhood, a gay bar, or an African American home in a predominately Irish American neighborhood). Lack of Other Motives o No clear economic or other motive for the incident exists. Transparency A5 INDICATOR CAUTIONS o Need for Case-by-Case Assessment of the Evidence o Misleading Facts o Feigned Facts and Hoaxes o Offender's Mistaken Perception o Changes in Findings of Bias Handout A2 THE CASE OF STEVEN THOMPKINS AND HENRY BRIGGS The Incident Two men are walking together outside a restaurant in a small community with a large gay population. A group of five white, teenage males approaches them, and one of the teenagers in the group, distinguished from the others by his short crewcut, signals by raising his right arm. The group responds to the signal by bombarding the two men with rocks and bottles that had been concealed inside their jackets. One of the men is hit above the eye and cut by the broken glass of a bottle. Seeing the open wound on the man's face, the teenager who initiated the assault yells to the group, "Watch out, he probably has AIDS." The teenagers disperse. Hearing the commotion, the owner of the restaurant calls the police. Law Enforcement: First Response and Bias Indicators Responding patrol officer Jack McCarron arrives at the scene and immediately calls an ambulance for the wounded man. The officer requests that the other victim and the restaurant owner remain at the scene for questioning. The victims are identified as Steven Thompkins and Henry Briggs. Officer McCarron asks Mr. Briggs, the remaining victim, and the restaurant owner to describe the offenders in as much detail as they can recall. Henry Briggs, visibly shaken, tells the officer that he can barely remember a thing about the group. The restaurant owner tells the police officer that several of his customers have been the victims of similar incidents in this neighborhood: "These kids come over from Lakedale [a nearby town] just to stir up trouble." The officer takes down this information as part of his report and gets into his patrol car. As he is about to leave Henry Briggs rushes up to him, saying, "Wait, I do remember something else. When the punk with the short crewcut raised his arm, I saw a tattoo. I don't know what it was--it looked like some sort of skull to me." Officer McCarron responds, "Thanks, lots of kids have tattoos these days. I'll be in touch with you." Questions 1. According to your knowledge and the definition of bias crime, might this incident be motivated by bias? What are the bias indicators? 2. If you believe the incident might be motivated by bias, what form of bias is being perpetrated by the teenagers? Would the form of bias be different if the situation and words spoken by the teenager were exactly the same but the men leaving the restaurant were African American? 3. With the information presented thus far, can this situation be identified as a possible bias crime or bias incident? What would distinguish it as one or the other? References 1 Adapted from U.S. Department of Justice, Federal Bureau of Investigation (1996). Training guide for hate crime data collection. Washington, D.C.: U.S. Government Printing Office. 2 Federal hate crime data can be found at the FBI website at . 3 Adapted from U.S. Department of Justice (1998). National hate crimes training curriculum: Multilevel state and local law enforcement professionals. Washington, D.C.: U.S. Department of Justice. 4 Holmes, W. (1992). Hate crime reporting: Obstacles, facilitators, and strategies. Boston: Statistical Analysis Center, Massachusetts Committee on Criminal Justice. 5 U.S. Department of Justice, Federal Bureau of Investigation (1990). Hate crime data collection guidelines. Washington, D.C.: U.S. Government Printing Office. ---------------------------- Session B Victim Impact Overview of the Session: At a Glance Presentation: Overview of Victim Trauma--5 minutes Activity: Analysis of Video Segments--20 minutes Presentation: Unique Features of Bias Crime and Its Impact on Bias Crime--15 minutes Victims Victim Presentation and Discussion-- 20 minutes TOTAL TIME--60 minutes Objectives By the end of this session, participants will be able to: o Identify elements of victim trauma o Identify the unique features of bias crime o Understand the impact of bias crime on victims Materials and Equipment Time: 60 minutes Videos: "Understanding Why," Prime Time Live, October 28, 1993, available for purchase from the Federal Document clearinghouse at (800) 225-5222 (be sure to allow at least four to six weeks for delivery) "Hate on Trial," 60 Minutes II, October 12, 1999, CBS Network, (800) 934-NEWS, or CBS Video, 19 Gregory Drive, So. Burlington, VT 05403; (800) 542-5621 Handouts: Assessment of Victims' Physical, Emotional, and Financial Injuries Transparencies: Secondary Injury; Unique Features of Bias Crime; Bias Crime: Victim Impact; Bias Crime: Community Impact; The Ripple Effect of Bias Crime Equipment: Overhead projector; screen; flipchart, VCR; monitor Instructor's Notes I. Presentation: Overview of Victim Trauma (5 minutes) Bias crime victims experience many of the same difficulties and traumas as victims of other crimes, but bias crimes also have a unique impact. Crisis of Victimization Many victims experience a crisis as a result of their victimization. Morton Bard, author of the Crime Victim's Book, defines the crisis of victimization as "a sudden, arbitrary, unpredictable event that is threatening to the self and produces a disruption in the emotions and behaviors of the threatened person."[1] Crime victims experience this crisis as a result of the primary and secondary injury or harm. Types of Victim Trauma or Injury o Physical injury o Psychological trauma --initial crisis --long-term stress reactions o Financial loss o Secondary victimization by society and its institutions Note to Instructor Explain that the video to be shown is an actual portrayal of a hate crime victim and the reenactment of a hate crime. It is very graphic and involves serious physical and psychological injury. Explain that participants may have trouble viewing the film and may wish to leave the room if they believe it will be particularly disturbing. It may be helpful to have victim assistance professionals available after this session to assist anyone who has strong reactions to the video. I. Activity: Analysis of Video Segments (20 minutes) Pre-screen and select one of the two recommended videos listed at the beginning of this section, both of which portray hate crime victims. Ask participants to keep the types of victim trauma in mind when they view the video segment. Show video segment. Distribute Handout B1, "Assessment of Victims' Physical, Emotional, and Financial Injuries." Explain that this assessment list was prepared to be used with victims of any type of crime to understand the degree of victim trauma. Ask participants to divide into small groups to complete Handout B1, based on the victim portrayed in the video. After they have completed the checklist, reconvene all participants to the larger group. Ask participants from three different groups to report to the larger group on one type of victim injury: o physical o emotional, or o financial Record their answers on a flipchart. Explain that, as the assessment checklist shows, some aspects of victim harm are felt immediately. Others are felt later, as a result of resuming daily life at home, in the community, and at work, and negotiating the medical, legal, insurance, social service, and/or criminal justice systems. Use Transparency B1, "Secondary Injury." Secondary injury is the victim's perceived rejection by and lack of expected support from the community. o Victim trauma may be exacerbated by the insensitivity of others. This is known as "secondary injury." o Most crime victims experience some type of secondary injury as they attempt to deal with the systems that provide physical or mental health care, process insurance claims to recover losses, or adjudicate offenders. o Bias crime victims may experience more severe secondary injury because professionals who work within the system that serves the victim tend to have the same prejudices and biases as the rest of society. o As a result of personal bias and prejudice, professionals--like other individuals--may minimize the impact of the crime on the individual. o Bias crime victims frequently feel betrayed and hopeless when they confront institutional prejudice. o Secondary injury can also occur as victims of bias crime interact with family, friends, and acquaintances, as well as the clergy, the media, and others. Ask participants for examples of secondary injury to the victim portrayed in the video. Record their answers on a flipchart. III. Presentation: Unique Features of Bias Crimes and Their Impact on Bias Crime Victims (15 minutes) Use Transparency B2, "Unique Features of Bias Crime," to describe key points. Explain that, in addition to the primary and secondary injuries that victims face, there are unique features of bias crime that are important to understand. Unique Features of Bias Crime[2] o Bias crime is more likely to be seriously injurious or lethal than any other assaultive crime. o Bias crime, in part motivated by fear, often escalates when the members of the dominant culture think they are under attack; for example, a number of Arab-Americans were harassed or even physically assaulted during the 1991 Gulf War. o Bias crimes are usually perpetrated in groups. Group-instigated crime has a significant impact on the victim for several reasons: --There is a diffusion of responsibility among offenders. --Crimes committed by groups tend to be especially vicious, which can exacerbate the physical and emotional trauma to the victim. o A large number of bias crimes seem to be aimed at individuals who are not only members of an identified group but also perceived as infringing on another group's "territory." Northeastern Professor Jack McDevitt analyzed 452 cases of bias crime that occurred in Boston from 1983 to 1987 and found that 57 percent of the crimes were attacks on persons walking, driving through, or working in a neighborhood, or on families moving into the area.[3] Similar to all crime victims, bias crime victims often suffer from shock, disbelief, and denial. Their emotional turmoil is comprised of rage, terror, confusion, frustration, blame, and grief. These emotional reactions are compounded because the victims are chosen due to a characteristic of their identity. Bias crime victims may experience especially acute effects of primary and secondary victimization. The particular effects of primary victimization, resulting from the impact of the crime itself, are reviewed below. Use Transparency B3, "Bias Crime: Victim Impact," and describe the key points. Bias Crime: Victim Impact o Victims of bias crime are attacked for being "different," for being misunderstood, and for being hated. Because the basis for their attack is their identity, they may suffer a deep personal crisis. o Victims of bias crime are targeted due to a core, immutable characteristic of their identity. This may lead to a feeling of increased vulnerability because they are attacked for something that they cannot change. o Trauma may be compounded because of the nature of the attack and its root in hatred or prejudice. It is very difficult for a bias crime victim to resolve that the crime was motivated by hatred as opposed to another motive, such as an economic one. Research shows that people who are physically or psychologically attacked for reasons of prejudice suffer more than people who are victims of similar attacks not motivated by prejudice.[4,5] o If their membership in a target group is readily visible, victims of bias crimes may feel particularly vulnerable to a repeat attack. This heightened sense of vulnerability may result in the feeling of hopelessness. They may become afraid to associate with other members of the group that has been targeted or may fear seeking needed services, believing that these actions increase their vulnerability. o Bias crime victims' grief can be more intense than other reactions, arising in part because victims lose their sense of community or feel betrayed by the American system. o Victims of bias crimes who are minorities may feel the crime has been diminished because of societal stereotyping, prejudice, or institutional indifference. o As a result of the victimization, bias crime victims may respond by more strongly identifying with their group--or, conversely, by attempting to disassociate themselves or deny a significant aspect of their identity. o Assumptions about life and worldview may be shattered. For bias crime victims who are members of a minority culture, this may be particularly devastating because their worldview may have been very different from the dominant culture's worldview. Bias crime affects more than the individual victims. Use Transparency B4, "Bias Crime: Community Impact," to discuss the effects of bias crime on the community. Bias Crime: Community Impact o When individuals are targets of hate because of their race, religion, national origin, ethnicity, gender, disability, or sexual orientation, their victimization is projected outward to all members of their community. o Other members of the same group feel victimized, and members of other commonly targeted groups are reminded of their vulnerability to similar attacks. All members of the targeted group suffer injury and intimidation. o Places of worship are often targeted by bias crime offenders; these attacks on sacred spiritual symbols, which may harm victims more than other acts of vandalism, also harm other members of the community. o Hate crimes are highly likely to exacerbate racial or other intergroup tensions. They may create civil disturbances, even riots, and result in retaliatory hate crimes. Use Transparency B5, "The Ripple Effect of Bias Crime," to discuss the chain-reaction of impact that can ensue from a single hate crime. The Ripple Effect of Bias Crime The effects of hate crimes are far-reaching. As message crimes, hate crimes affect society on many levels and in many different ways, creating a chain reaction that ultimately serves as fertile ground for further prejudice, social unrest, hate crime, and fear. Possible effects of hate crimes are as follows: o The immediate victims suffer serious physical injury, psychological trauma, and/or financial loss. o The specific group that has been targeted receives a message that all of its members are potentially at risk. o Other groups commonly targeted for hate crimes receive a frightening reminder of their potential victimization by individuals who view them as "different." o The community in which the crime occurred suffers the stigma of hatred as well as a potential increase in intergroup tensions and escalation of hate activity. o The social order--in the affected community and beyond--is disrupted, often resulting in civil unrest, retaliatory violence, and copycat incidents. o The civil rights of all individuals are at risk, especially if hate crimes are not properly and swiftly addressed. IV. Victim Presentation and Discussion (20 minutes) It is most compelling if a victim of bias crime is recruited for the training to make a presentation about his or her personal experience as a victim of bias crime (see "Planning for Individual Sessions" in the "Guide to Using This Curriculum" for more information on recruiting a victim to present). The presentation should include the following: o The victim's personal experience as a victim o The impact of the bias crime on the victim o The response of the criminal justice system to the victim o The response of other professionals, institutions, and friends and family members to the victim o The victim's recommendations, if any, to improve the response to bias crime victimization After the presentation, ask participants if they have any questions or reactions. After a brief time for questions, thank the victim for his or her willingness to present. If it is not possible to recruit a victim to make a presentation, use any of the following videos, which include victim interviews. o "The Truth About Hate: Teen Files Series" March 1999 AIMS Multimedia Orders 9710 DeSoto Avenue Chatsworth, CA 91311 (800) 367-2467, ext. 349 http://www.aims-multimedia.com/Public Performance licensed video: $142.45 Private Home Use licensed video: $29.95 o "Hate Crimes: Training for Police Officers" November 25, 1990 Anti-Defamation League Materials Library 22-D Hollywood Avenue Ho-Ho-Kus, NJ 07423 (800) 343-5540 Video segment: 12 minutes o "Roy Smith's America" March 3, 1998 20/20 ABC Network (800) CALL-ABC After viewing the victim segment(s), discuss the video. After a few minutes of discussion, ask for volunteers to answer the following questions: o What types of victim trauma were involved? o What unique aspects of victimization were involved? o What changes, if any, would you make in response to the victim? o What was the impact of the crime on the community? Handout B1 Assessment of Victims' Physical, Emotional, and Financial Injuries Physical o What is the degree of victim injury? o What is the severity and impact of the injury? o Will the injury create a long-term disability? o Has the crime aggravated a previously existing physical or medical condition? o Is the injury a visible one? Will there be permanent scarring or disfigurement? Emotional o Has the lack of a physical injury resulted in other people discounting the seriousness of the incident? o What previous life experiences with victimization, oppression, or discrimination, if any, have a bearing on the recent victimization? o What emotions are being experienced? o Does the victim fear revictimization? o Is emotional stress interfering with basic life activities, such as eating, sleeping, and ability to concentrate on the task at hand? o What are the unique vulnerabilities of this victim? What degree of social support exists? o What bearing does the offender's motivation have on the victim's emotional reaction? o What factors relating to the commission of the crime exacerbate the victim emotional reaction, such as the degree of degradation the victim experienced and the degree that this victimization affects all members of this class or community? Financial o What is the degree of financial loss? o Has the crime interrupted the victim's ability to earn income? Is this jeopardizing the victim's financial security? o Has the victim had expenses relating to child care, transportation, or other costs associated with the crime? o Does the victim have insurance that covers the loss or injury? o Does the loss or damage of property pose immediate hardship, such as the need to find alternate housing or transportation? Transparency B1 SECONDARY INJURY Secondary injury is the victim's perceived rejection by and lack of expected support from the community. Transparency B2 UNIQUE FEATURES OF BIAS CRIME o More likely to be seriously injurious or lethal than other assaultive crimes o Often escalates when members of dominant culture think they are under attack o Usually perpetrated in groups, which may --diffuse offenders' responsibility --exacerbate trauma to victim --exacerbate the viciousness of the attack o Aimed at individuals perceived as infringing on another group's "territory" Transparency B3 BIAS CRIME: VICTIM IMPACT o Because the basis for the attack is their identity, victims may experience a deep personal crisis. o Stress and feelings of vulnerability may be heightened or prolonged because the victims have been attacked for something they cannot change. o Trauma may be compounded because hate crime victims experience violence and hatred. o Victims of bias crime may feel particularly vulnerable to a repeat attack. They may become afraid to associate with other members of a group that has been targeted or fail to seek needed services. o Victims' grief may in part stem from losing their sense of community or feeling betrayed by society. o Victims may feel the crime has been diminished because of societal stereo-typing, prejudice, or institutional indifference. o Victims may respond by identifying more strongly with their group. or They may reject the aspect of themselves that was the target for their attack. o Assumptions about life and worldview may be shattered. Transparency B4 BIAS CRIME: COMMUNITY IMPACT o Victimization of individuals because of race, religion, sexual orientation, etc. is projected outward to all members of that community. o Members of other commonly targeted groups are reminded of their vulnerability. o Attacks on places of worship and their spiritual symbols may harm victims and the community more than other acts of vandalism. o Hate crimes are highly likely to exacerbate intergroup tensions. They may create civil disturbances, even riots, and result in retaliatory attacks. Transparency B5 THE RIPPLE EFFECT OF BIAS CRIME Victim Targeted group All targeted groups Community Social order Civil rights of all individuals The chart for The Ripple Effect of Bias Crime is not included in this ASCII plain-text file. To view this document in its entirety, download the Adobe Acrobat graphic file available from this Web site or order a print copy from Office for Victims of Crime Resource Center at 800-627-6872. References 1 Bard, M. and Sangrey, D. (1986). The crime victim's book. Brunner/Mazel. 2 Young, M.A., NOVA (1993). Victim assistance: Frontiers and fundamentals. Dubuque, IA: Kendall/Hunt Publishing Company. 3 McDevitt, J. and Levin, J. (1993). Hate crimes: The rising tide of bigotry and bloodshed. New York: Plenum Publishers. 4 Hutson, H. R., Anglin D., Stratton, G., Moore, J. Hate crime violence and its emergency department management. Ann Emerg Med (June 1997). 29:786-791. 5 The Prejudice Institute (1997). Factsheet on ethnoviolence. Baltimore: The Prejudice Institute. ---------------------------- Session C Bias Crime Offenders Overview of the Session: At a Glance Presentation: Offender Typology--30 minutes Presentation: Organized Hate Groups--15 minutes Activity: Analysis of Three Video Segments--45 minutes TOTAL TIME--90 minutes Objectives By the end of this session, participants will be able to: o Describe the characteristics of three types of bias crime offenders o Give examples of retaliatory hate crimes and discuss the importance of appropriate responses o Describe the characteristics of organized hate groups o Identify offender typology, given a case example Materials and Equipment Time: 90 minutes Videos: "That Old Gang of Mine" (interview with Eric, former skinhead), 1990 "On Hate Street," 48 Hours, CBS, 1992 "Licensed to Kill," Arthur Dong, Deepfocus Productions, 1997 Handouts: Thrill-Seeking Offenders; Case Studies of Typical Offenders; Reactive Offenders; Mission Offenders; Offender Typology Video Observation Form Transparencies: Important of Understanding Offender Typology; Retaliatory Hate Crimes; Organized Hate Groups Equipment: Overhead projector; screen; VCR; monitor Note to Instructor The offender typology presented in this session is designed to help professionals understand the different motivations and characteristics of "typical" hate crime offenders and the implications for responding to hate violence. It is not intended to overgeneralize or to presume that perpetrators will necessarily fit into one category. Explain to participants that this typology is evolving as research on hate crime offenders continues. The terms, such as "thrill-seeking" or "mission," are the ones originally used by Jack Levin and Jack McDevitt in their seminal book on hate crime.1 Other hate crime experts may use different terms for the same typology. To encourage discussion, you may wish to ask participants for their ideas about the typology and its relevance to perpetrators they have encountered. Instructor's Notes I. Presentation: Offender Typology (30 minutes) Explain the following: o Jack Levin and Jack McDevitt of Northeastern University identified three different types of hate crime offenders in their book on bias crime, Hate Crime: The Rising Tide of Bigotry and Bloodshed: thrill-seeking offenders, reactive offenders, and mission offenders. o These are not necessarily pure categories, and, since offenders can progress from one type to another, the lines between the categories may at times be blurred. Use Transparency C1, "Importance of Understanding Offender Typology." Importance of Understanding Offender Typology Knowing offender typology helps law enforcement do the following: o Identify suspects o Locate offenders o Gain insight into the victim's perception of his or her vulnerability o Gain insight into the offender's motivation o Determine the probability of escalation o Anticipate community response Distribute Handout C1, "Thrill-Seeking Offenders." Thrill-Seeking Offenders Offender Characteristics o Usually, groups of teenagers o Not generally associated with an organized hate group Precipitating Events o Generally, none Motivation o To get a psychological or social thrill o To be accepted by peers o To gain "bragging" rights Victim o Almost any member of a vulnerable group o Members of groups perceived as inferior by offenders Location o Generally outside of offenders' "turf" o Area(s) frequented by members of targeted group(s) Additional Characteristics o Most common type of hate crime; represents approximately 60 percent of all cases o Since attacks are random, it is often difficult to identify the offenders o Attacks often involve desecration and vandalism, although they can also involve more violent crimes o Hatred of victim is relatively superficial; offenders may be deterred from repeating the crime if there is strong societal response condemning the behavior o Each group member's participation may be limited to a specific aspect of the crime, enabling each offender to avoid acknowledgment of or accountability for the seriousness of the crime Distribute Handout C2, "Case Studies of Typical Offenders." Note: This handout will be used to explore all three offender types. Case Studies of Typical Offenders Thrill-Seeking Offenders Two alienated white youths looking for excitement went on a spree of destruction and defacement that resulted in attacks on 23 properties in three different communities. They defaced walls, driveways, and automobiles with slurs against Jews, African Americans, Greeks, and even skinheads. After their arrest, the men claimed that they hadn't intended to hurt anyone--that it only happened because they were drunk. Encourage one participant to provide a case example of a thrill-seeking bias crime from his or her jurisdiction or state. Distribute Handout C3, "Reactive Offenders." Reactive Offenders Offender Characteristics o Have a sense of entitlement regarding their rights, privileges, or way of life, which does not extend to the victim o Usually have no prior history of criminal behavior or overt bigotry; not generally associated with an organized hate group, although may call on an organized hate group to assist in mitigating the perceived threat Precipitating Events o Offenders perceive a threat to their way of life, community, place of work, or privilege Motivation o To protect or defend against the perceived threat constituted by the presence of "outsiders" o To use fear and intimidation to send a message that will repel the "outsiders" Victim(s) o Particular individual or group of individuals who are perceived to constitute the threat o Most often, people of color Location o Typically, offender's own neighborhood, school, or place of work Additional Characteristics o If the threat is perceived to subside, criminal behavior also subsides o Offenders feel little if any guilt because they perceive their behavior as a justifiable response to their feelings of violation at the mere presence of the victim Refer participants back to Handout C2, "Case Studies of Typical Offenders." Reactive Offenders In Jersey City, New Jersey, an East Indian chemist was severely beaten with an iron bar in his own apartment by a racist who resented the presence of "Hindus" in his neighborhood. In Wheaton, Maryland, two young white men unable to find work stopped their car and chased two African American women, who were walking from their apartment to a pay phone. One woman ran toward a house and was rescued by the occupant, who heard one of the assailants warn, "If you knock on that door again, I'll kill you." The other woman tried to escape into the woods, where she fell. The attackers beat her head and face, ripped off her blouse, and doused her with lighter fluid. As they attempted to light the fluid, police cars arrived at the scene. Both men escaped but were later apprehended. They were charged with attempted murder, assault with intent to murder, assault with intent to maim, kidnaping, and (under a 1988 bias crime statute) attempting to injure a person for racial reasons. Encourage one participant to provide a case example of a reactive bias crime from his or her jurisdiction or state. Distribute Handout C4, "Mission Offenders." Mission Offenders Offender Characteristics o Often psychotic, suffering from mental illness that may cause hallucinations, impaired ability to reason, and withdrawal from other people o Perceive victim groups as evil, subhuman, and/or animal Precipitating Events o None Motivation o Believe they have been instructed by a higher order (God, the Fuhrer, the Imperial Wizard, etc.) to rid the world of this evil o Believe they must get even for the misfortunes they have suffered and perceive a conspiracy of some kind being perpetrated by the groups they have targeted o Have a sense of urgency about the mission; believe they must act before it is too late Victim o Any or all members of the category of people they perceive as responsible for their frustrations Location o Areas where members of the targeted group are likely to be found Additional Characteristics o The rarest kind of bias crime o Crimes are of a violent nature; the mission may end in the offender's suicide Note to Instructor Clarify for participants that the category of retaliatory hate crimes does not encompass all forms of retaliation or revenge. It refers specifically to hate crimes in which a victim is selected at random because of his or her race, religion, ethnicity, gender, sexual orientation, etc. In concluding the discussion of the offender typology, ask participants what bearing the typology and motivation of the offender has on the impact on the victim and on the community as a whole. Would participants anticipate different effects depending on the motivation? Does it matter? Refer participants back to Handout C2, "Case Studies of Typical Offenders." Mission Offenders Marc Lepine entered the engineering school at the University of Montreal with the intent of "getting even" with women, especially feminist women, whom he perceived as having ruined his life. He walked into a classroom, directed the men to leave, and ordered the women to move to one side of the room, saying, "I want the women. You're all a bunch of feminists. I hate feminists." He opened fire and killed 14 women between the classroom, the hallways, and the cafeteria, and then took his own life. Encourage one participant to provide a case example of a mission bias crime from his or her jurisdiction or state. Retaliatory Hate Crime Ongoing analysis of offender research and hate crime cases has revealed that it may be necessary to add "retaliatory" as a category to the hate crime typology.[2] Retaliatory hate crimes are those motivated by revenge for a specific incident perceived to be rooted in discrimination or hatred. Use Transparency C2, "Retaliatory Hate Crime," to review the major points that characterize retaliatory hate crime, using the cases below as an illustration. Two well-known cases illustrate retaliatory hate crime: o During the 1992 riots in Los Angeles, following the acquittal of Los Angeles police officers in the videotaped beating of Rodney King, a group of young black males dragged white truck driver Reginald Denny from the cab of his truck and severely beat him within an inch of his life. This attack has been described as a retaliatory hate crime that occurred in response to the police brutality against Rodney King, and to widespread public perception that the justice system had failed to protect King's civil rights. o In 1991, a Jewish scholar named Yankel Rosenbaum was randomly selected and killed during an uprising in the Crown Heights section of Brooklyn, New York. The precipitating event for the unrest was the death of a young black child who was accidentally killed by an Orthodox Jewish driver. Rumors spread throughout the black community that a Hasidic-owned ambulance company had refused to treat the black children injured in the accident and instead had attended to the Jewish passengers. The police reported that they had ordered the ambulance to remove the Jewish driver from the scene to protect him from the angry crowd. Fueled by the rumors, black youths marched through the streets shouting, "Kill the Jews." Rosenbaum, a visiting scholar from Australia who had nothing to do with the accident, was killed amidst several days of racial hostilities. These two painful events from our history illustrate the complex nature of retaliatory hate crime. In both examples, the victim was selected merely because of his race and in retaliation for other bias incidents. Both occurred within a context of racial unrest fueled by perceptions of discrimination. And both demonstrate the devastation that can occur if the public perceives that acts of discrimination or hatred are not met with an appropriate response from law enforcement and the justice system. II. Presentation: Organized Hate Groups (15 minutes) Use Transparency C3, "Organized Hate Groups." Organized Hate Groups Group Characteristics o Range from loosely structured local groups to highly structured international groups o Leaders of the groups tend to project a mainstream image rather than a fringe, extremist image o The significant organized hate groups are technologically sophisticated o Skinheads, although generally not official members of organized hate groups, often support or are loosely affiliated with these groups, taking inspiration and direction from them o Focus on issues of concern to middle America as a method for cloaking and marketing their hate philosophy (i.e., "government interference," "cheating," etc.) o Believe in the inevitability of a global war between the races o Examples of organized hate groups include White Aryan Resistance, the Ku Klux Klan, and neo-Nazis History of Organized Hate Groups o Organized hate groups are not a new phenomenon. o Hate groups characteristically grow in numbers and membership during: ---periods of increased immigration, such as the 1920s ---periods when disenfranchised groups have attempted to increase their political and economic power, such as Reconstruction and the Civil Rights Movement ---periods of economic instability, when people seek scapegoats to blame for unemployment, such as the 1930s and the late 1980s o At times, organized hate groups have been powerful forces in American political life. Many have sought dominance through violence and intimidation. Others have achieved significant political victories in electoral politics. o Organized hate groups have a tendency to become fragmented, breaking up because of internal dissension. Groups often take names similar to those used by other hate groups, which should not imply an actual connection; for example, there are many small groups that use the term "skins" in their name. Structure of Contemporary Hate Groups o It has been estimated that there are currently no fewer than 20,000 and possibly no more than 50,000, members of white supremacist groups in the United States. These groups fall into a number of often overlapping categories, including Ku Klux Klan groups, neo-Nazi groups, Christian Identity groups, and "skinhead" gangs. Hate Group Ideology o Explicitly racist; considers people of color to be subhuman. Homophobia has recently been added to their agenda. o Often blame the federal government, an international Jewish conspiracy, and/or communism for most of this country's problems. o Some groups include apocalyptic Christianity in their ideology and believe we are in, or approaching, a period of violence and social turmoil that will precede the Second Coming of Christ. Strategy o The major organized hate groups often take a more sophisticated approach to spreading their message, using such venues as cable TV, the World Wide Web, and computer bulletin boards. o Some are consciously attempting to display a more mainstream image and run for office (often under the banner of a major political party). However, there is always the potential for violence. For example, during the 1980s, a small number of white supremacists formed a paramilitary organization called The Order, which was implicated in a number of bombings and murders, including that of Alan Berg, a Jewish radio talk show host. o Many of the militant white supremacist groups have relocated to congregate in certain geographical areas, such as the Pacific Northwest, where members have engaged in a number of armed confrontations with federal authorities. Skinheads o Skinhead groups are small, loosely organized gangs of adolescents and young adults. Most skinheads are male, although young women are involved in both skinhead activity and hate violence. o Skinhead violence is typically perpetrated by small groups of skinheads who attack persons of color or other targets, using fists, boots, bats, and knives. Some of these attacks are fatal. Most are unplanned; however some skinheads have been implicated in organized violence involving bombs and firearms and carefully selected targets, such as gay bars, temples, or the offices of civil rights organizations. o The stereotypical skinhead has a shaved head and wears Doc Marten shoes or workboots, suspenders, and jeans. However, so do many other young people who are not involved in hate group activity. Conversely, many racist "skinheads" do not shave their heads. III. Activity: Analysis of Three Video Segments(45 minutes) Tell participants that they are about to watch several videos and that their challenge is to categorize the offender based on the typology. Instruct participants to take notes as they watch the videos so that they will be prepared to share both their categorization of the offender and the reasoning behind their choices. Distribute Handout C5, "Offender Typology Video Observation Form." Videos recommended for this activity are listed below. Instructors are advised to order the videos 4 to 6 weeks in advance of the training. Be sure to screen the videos and select those segments that best fit the course and the time available. o "That Old Gang of Mine" (interview with Eric, former skinhead); The Bureau for At-Risk Youth; 135 Dupont Street; P.O. Box 760; Plainview, NY 11803; Phone: (800) 999-6884, ext. 262. Price: $125 o "Licensed to Kill," Arthur Dong; Deepfocus Productions, Inc.; P.O. Box 39548; Los Angeles, CA 90039-0548; Phone: (323) 662-6575; FAX: 323/662-6577; E-mail: AdongLA@aol.com; http://www.filmmag.com/community/adong/ 77-minute full length theatrical version: $295 53-minute special edited version: $245 A comprehensive study guide accompanies the video. o "On Hate Street," 48 Hours, CBS; February 26, 1992 CBS Network Television: (800) 934-NEWS Show the three video segments. Ask participants to note their observations on the form. Facilitate a discussion at the conclusion of each video segment, using the following questions to focus the discussion: o Can you identify the typology of the offender(s) in the videos? o What might cause the offender to move into another type of offender category? o Have you had any experience with any of the offender types portrayed in the videos? Transparency C1 IMPORTANCE OF UNDERSTANDING OFFENDER TYPOLOGY Knowing offender typology helps law enforcement: o identify suspects o locate offenders o gain insight into the victim's perception of his or her vulnerability o gain insight into the offender's motivation o determine the probability of escalation o anticipate community response Handout C1 Thrill-Seeking Offenders Offender Characteristics o Usually, groups of teenagers o Not generally associated with an organized hate group Precipitating Events o Generally, none Motivation o To get a psychological or social thrill o To be accepted by peers o To gain "bragging" rights Victim o Almost any member of a vulnerable group o Members of groups perceived as inferior by offenders Location o Generally outside of offender's "turf'' o Area(s) frequented by targeted group(s) Additional Characteristics o Most common type of hate crime; represents approximately 60 percent of all cases o Since attacks are random, it is often difficult to identify the offenders o Attacks often involve desecration and vandalism, although they can also involve more violent crimes o Hatred of victim is relatively superficial; offenders may be deterred from repeating the crime if there is a strong societal response condemning the behavior o Each group member's participation may be limited to a specific aspect of the crime, enabling each offender to avoid acknowledgment of or accountability for the seriousness of the crime Handout C2 Case Studies of Typical Offenders Thrill-Seeking Offenders Two alienated white youths looking for excitement went on a spree of destruction and defacement that resulted in attacks on 23 properties in three different communities. They defaced walls, driveways, and automobiles with slurs against Jews, African Americans, Greeks, and even skinheads. After their arrest, the men claimed that they hadn't intended to hurt anyone--that it only happened because they were drunk. Reactive Offenders In Jersey City, New Jersey, an East Indian chemist was severely beaten with an iron bar in his own apartment by a racist who resented the presence of "Hindus" in his neighborhood. In Wheaton, Maryland, two young white men unable to find work stopped their car and chased two African American women, who were walking from their apartment to a pay phone. One woman ran toward a house and was rescued by the occupant, who heard one of the assailants warn, "If you knock on that door again, I'll kill you." The other woman tried to escape into the woods, where she fell. The attackers beat her head and face, ripped off her blouse, and doused her with lighter fluid. As they attempted to light the fluid, police cars arrived at the scene. Both men escaped but were later apprehended. They were charged with attempted murder, assault with intent to murder, assault with intent to maim, kidnaping, and (under a 1988 bias crime statute) attempting to injure a person for racial reasons. Mission Offenders Marc Lepine entered the engineering school at the University of Montreal with the intent of "getting even" with women, especially feminist women, whom he perceived as having ruined his life. He walked into a classroom, directed the men to leave, and ordered the women to move to one side of the room, saying, "I want the women. You're all a bunch of feminists. I hate feminists." He opened fire and killed 14 women between the classroom, the hallways, and the cafeteria, and then took his own life. Handout C3 Reactive Offenders Offender Characteristics o Have a sense of entitlement regarding their rights, privileges, or way of life, which does not extend to the victim o Usually have no prior history of criminal behavior or overt bigotry; not generally associated with an organized hate group, although may call on an organized hate group to assist in mitigating the perceived threat Precipitating Events o Offenders perceive a threat to their way of life, community, place of work, or privilege Motivation o To protect or defend against the perceived threat constituted by the presence of "outsiders" o To use fear and intimidation to send a message that will repel the "outsiders" Victim(s) o Particular individual or group of individuals who are perceived to constitute the threat o Most often, people of color Location o Typically, in offender's own neighborhood, school, or place of work Additional Characteristics o If the threat is perceived to subside, criminal behavior also subsides o Offenders feel little if any guilt because they perceive their behavior as a justifiable response to their feelings of violation at the mere presence of the victim Handout C4 Mission Offenders Offender Characteristics o Often psychotic, suffering from mental illness that may cause hallucinations, impaired ability to reason, and withdrawal from other people o Perceive victim groups as evil, subhuman, and/or animal Precipitating Events: o None Motivation o Believes they have been instructed by a higher order (God, the Fuhrer, the Imperial Wizard, etc.) to rid the world of this evil o Believe they must get even for the misfortunes they have suffered and perceive a conspiracy of some kind being perpetrated by the targeted groups o Have a sense of urgency about the mission; believe they must act before it is too late Victim o Any or all members of the category of people they perceive as responsible for their frustrations Location o Areas where members of the targeted group are likely to be found Additional Characteristics o The rarest kind of bias crime o Crimes are of a violent nature; the mission often ends in the offender's suicide Transparency C2 Retaliatory Hate Crime o Motivated by revenge for another incident or crime, especially incidents perceived to be rooted in prejudice o May involve large-group activity or rioting o Demonstrate what can happen if hate crimes do not receive an appropriate response from law enforcement, the justice system, and the community Transparency C3 ORGANIZED HATE GROUPS Group Characteristics o Range from loosely structured local groups to highly structured international groups o Leaders tend to project a mainstream image o Technologically sophisticated o Skinheads loosely affiliated with these groups, although usually are not official members o Focus on issues of concern to middle America as a cover for their aims o Believe in the inevitability of a global war between the races o Examples include White Aryan Resistance, the Ku Klux Klan, and neo-Nazis History of Organized Hate Groups o Not a new phenomenon; hate groups grow in response to: --periods of increased immigration --attempts by disenfranchised groups to increase political and economic power --periods of economic instability o Powerful forces in American political life o Tend to break up because of internal dissension; groups often take names similar to other hate groups Structure of Contemporary Hate Groups o Estimated at no fewer than 20,000 and possibly no more than 50,000 members of white supremacist groups in the United States Hate Group Ideology o Explicitly racist, considering people of color to be subhuman; homophobia recently added to their agenda o Often blame the government, communism, and/or ethnic and racial "conspiracies" for most of this country's problems o Some include apocalyptic Christianity in their ideology Strategy o Often use technological venues, such as cable TV, the World Wide Web, and computer bulletin boards o Some attempt to display a more mainstream political image and might run for office, but the potential for violence is always present o Congregate in large numbers in certain geographical areas (e.g., Pacific Northwest) Skinheads o Groups are small, loosely organized gangs of mostly male adolescents and young adults o Most attacks are unplanned; however, skinheads have been implicated in organized violence Handout C5 Offender Typology Video Observation Form Title--Description--Typology--Indicators Video #1 Video #2 Video #3 The table for the Offender Typology Video Observation Form is not included in this ASCII plain-text file. To view this document in its entirety, download the Adobe Acrobat graphic file available from this Web site or order a print copy from Office for Victims of Crime Resource Center at 800-627-6872. References 1 Levin, J. and McDevitt, J. (1993). Hate crime: The rising tide of bigotry and bloodshed. New York: Plenum Publishers. 2 McDevitt, J. (1998). National Center for Hate Crime Prevention Advisory Council Meeting. ---------------------------- Session D Bias Crime and the Law Overview of the Session: At a Glance Presentation: Introduction to Federal and State Laws--30 minutes Activity: Criminal Law Case Application and Discussion--30 minutes Optional Activity: Drafting Civil Rights Injunctions--20 minutes Presentation: Emerging Legal Issues--10 minutes TOTAL TIME--90 minutes Objectives By the end of this session, participants will be able to: o Explain why law enforcement and victim assistance professionals need to know the laws relating to bias crime o Understand the relevant federal laws o Understand the range of bias-related state statutes o Understand their state's bias crime laws o Analyze cases to determine if they may be prosecuted as bias crimes and, if so, under which statutes o Describe emerging bias crime-related legislative trends Materials and Equipment Time: 90 minutes Handouts: Appendix B: State Bias Crime Statutory Provisions; Appendix C: Bias Crime Statutes and Related Provisions Nationwide; Federal Criminal Statutes; Federal Civil Statutes; Reconciling Bias Crime and the First Amendment Transparencies: Importance of Bias Crime Laws; Categories of State Bias Crime Laws; Your State's Criminal, Civil, and Data Reporting Statutes; Federal Criminal Statutes; Federal Civil Statutes; Federal Hate Crime Statistics Act; Criminal Case Illustrations; Civil Injunction: Case Illustration; Characteristics of Gender-Based Crimes; Gender as Hate Crime: The Law; Legal Criteria for Determining Gender-Based Hate Crimes Equipment: Overhead projector; screen Note to Instructor A local, state, or federal prosecutor or other attorney familiar with criminal civil rights law should teach this session. It is also critical to research and identify any relevant changes in federal and state law that may have occurred since this curriculum was drafted, and amend the lesson as necessary. Instructor's Notes I. Presentation: Introduction to Federal and State Laws (30 minutes) Explain the following: o Law enforcement professionals need to be knowledgeable about the law to make arrests, conduct investigations, establish intent, assist prosecutors, and assist and refer victims. o Victim service providers need to be equally knowledgeable about the law to inform victims of their legal options, assist and advocate for them in the court system, and support police investigations and prosecution. o It is critical for departments and agencies to establish mechanisms for staying current on case law and national and state legislative trends. o There are federal and state laws that provide criminal and civil causes of action to protect victims of bias crime. o Even if a bias crime case cannot be criminally prosecuted, there may be remedies under civil law. Provision for damages and injunctive relief may be granted to victims in successfully prosecuted civil cases. Civil remedies can be pursued even if there is a successful criminal prosecution. Note to Instructor The following transparency stresses that hate crime laws play multiple roles in the criminal justice system. This is a good opportunity to stress to participants that hate crime laws protect all citizens, not just those in certain "groups." Jurisdictional Issues Explain the following jurisdictional issues related to federal, state, and local hate crimes: o Generally, federal criminal statutes are intended to supplement state criminal laws. The prosecutor with jurisdiction over the crime is either the United States attorney for violations of federal law or the state or local prosecutor (state attorney general, district attorney, state's attorney, or city attorney) for violations of state law. o In some states, the state attorney general may have jurisdiction in criminal as well as civil cases. The U.S. Department of Justice may also have jurisdiction over some civil cases. Explain to participants that bias crime laws serve multiple societal purposes, and review the points in Transparency D1, "Importance of Bias Crime Laws." Importance of Bias Crime Laws o Provide a means for enforcement o Aid in deterrence o Send zero tolerance message to perpetrators and community o Protect vulnerable groups/individuals from harm o Send message to victims that these crimes will be dealt with aggressively o Set societal norms o Express the collective belief that our country is stronger when we protect all citizens o Maintain social order[1] Ask participants if they can identify other reasons for bias crime legislation. Overview of State Laws Explain the following: o Nearly all states have enacted legislation targeted specifically at criminal acts of bias. o The largest number of criminal prosecutions occur as a result of violations of state law, rather than federal. o Many states also provide a separate civil cause of action remedy that often includes injunctive relief, compensatory and punitive damages, attorney's fees, and/or enhanced penalties. o The majority of the laws protect against racial, religious, ethnic, and national origin bias. o Some states, however, have expanded their bias crime laws to include protection against bias related to sexual orientation, gender, disability, age, and/or political affiliation. Explain that, in addition to criminal penalty laws for bias-motivated crimes, most states have additional laws that may apply to bias crime cases. Review the different types of laws by using Transparency D2, "Categories of State Bias Crime Laws." Categories of State Bias Crime Laws The majority of states have laws under one or more of the following categories:[2] Criminal Penalty Laws o Criminalize certain acts committed due to prejudice o Provide enhanced penalties o Include several types of criminal statutes: --Institutional vandalism: Prohibit vandalism and defacement of a variety of locations and institutions, including houses of worship, cemeteries, schools, public monuments, and community centers. --Bias-motivated violence and intimidation: Make it illegal to intimidate, harass, assault, or trespass on the property of an individual because of the person's race, religion, national origin, and, in some states, gender, sexual orientation, etc. --Interference with religious worship: Prohibit acts that disrupt an ongoing religious service; they also prohibit stealing a scroll, religious vestment, or other object normally used in a religious service. Cross-Burning Laws o Prohibit cross burning or the burning of other symbols Mask-Wearing Laws o Ban the wearing of hoods, robes, masks, or other disguises in public, except during holidays and parades Paramilitary Training Laws o Prohibit military-style training camps, such as those sometimes run by racist organizations Civil Cause of Action Laws o Civil remedies may include injunctive relief, compensatory and punitive damages, and attorney's fees (these forms of relief may have a significant deterrent effect and should encourage victims to bring civil lawsuits) Parental Liability Laws o Make parents financially liable for their children's crimes Data Collection Laws o Require state and/or local police agencies to gather and sometimes disseminate statistics on the incidence of bias crime Police Training Laws o Require law enforcement personnel to receive training in identifying, reporting, and investigating bias-motivated crimes Explain that there are different models of state criminal and civil statutes. For instructors' and participants' reference, statutory information for each state is provided in Appendices B and C in this curriculum. You may wish to reproduce these pages and distribute them as handouts. They are useful for understanding the differences in state statutes and comparing individual states with national trends. Note to Instructor Insert your state's particular criminal, civil, and bias crime reporting statute(s) here in the text of the curriculum. Create Transparency D3, "Your State's Criminal, Civil, and Data Reporting Statutes," and use it in the session. Review the actual language of your state's laws. Special legal issues to address include the following: o Identify and review each essential element of your state's criminal statutes relevant to bias crime. Define each element in lay terms and discuss the impact of case law on the application of each statute, which will make the information relevant to law enforcement and victim assistance professionals. o If possible, describe how courts have interpreted--or are likely to interpret--your state statutes, their provisions, and the legal standards to be applied. Specific legal questions to address with participants may include the following: o Does bias need to be the sole, the predominant, or a motivating factor? o What specific bias motivations are covered by your state's statutes (e.g., race, religion, ethnicity, national origin, sexual orientation, disability, gender, etc.)? o Does the statute apply to a case with mixed motives? o Does the statute require proof of bias or prejudice, or do you only need to show that the victim was targeted because of his or her status or affiliation? (For example, with a "because of" statute, the perpetrator could be prosecuted under hate crime law for selecting an Asian American for robbery and attack because he believes that Asian Americans carry a lot of money with them, or for targeting a gay victim because he believes such a victim would be more vulnerable to attack.) o What is necessary to provide force or threat of force under the statute? o What amount of force is necessary to violate the statute? o What is necessary to prove a joint venture or conspiracy under the statute? o How are the penalties applied under the statute? Overview of Federal Civil Rights Laws Many criminal acts of bias can be prosecuted under federal criminal civil rights statutes. The FBI has jurisdiction to investigate these criminal acts, and investigations are frequently conducted in collaboration with state and local law enforcement agencies. Explain the limitations of the federal civil rights statutes: o Currently, federal remedies only protect victims who are threatened or attacked while they are exercising a federally protected right, such as riding public transportation, eating in a restaurant, renting an apartment, or buying a home. o Most federal statutes apply only to acts motivated by racial or religious prejudice. This excludes a number of bias crime categories from prosecution and civil relief. o Legislation pending in Congress would expand federal jurisdiction over hate crime cases. (See below for more information on pending legislation.) Overview of Federal Criminal Statutes Distribute Handout D1, "Federal Criminal Statutes" and use Transparency D4 to review the main concepts. Federal Criminal Statutes Congress has enacted laws that provide both criminal and civil remedies to victims of bias-motivated crime. Four principal federal criminal statutes concern race-, skin color-, religion-, and national origin-related violence by private individuals: 18 USC Section 241: Conspiracy Against Rights of Citizens o Broadly prohibits conspiracies to injure any person who is exercising rights protected by the Constitution or laws of the United States. o Has been applied to a variety of federal rights, including the right to hold property, the right to enjoy public accommodations, and the right to occupy a home free from racially motivated violence. 18 USC Section 245: Forcible Interference with Civil Rights/Federally Protected Activities o Enacted in 1968 in response to violent attacks on civil rights workers in the South. o Prohibits intentional interference, by force or threat of force, with certain specified constitutional rights, where the interference is motivated by race, color, religion, or national origin. Activities protected under this law include the following: --Enrollment in a public school or college --Participation in programs administered or financed by any state --Federal and state employment and jury service --Interstate travel by common carrier --Use of restaurants, lodging, gas stations, public entertainment facilities, and other establishments serving the public 18 USC Section 247: Damage to Religious Property/Obstruction of Religious Activity (Church Arson Prevention Act) o Prohibits damaging or destroying religious property because of its religious nature. o Prohibits intentionally defacing, damaging, or destroying religious property because of the race, color, or ethnic characteristics of any individual associated with that property. o Prohibits interference with religious exercise, without regard to race, if a connection with interstate commerce can be shown. 42 USC Section 3631: Willful Interference with Civil Rights Under the Fair Housing Act o Prohibits forcible interference with any person in selling, purchasing, renting, financing, occupying, or contracting for any dwelling due to that person's race, color, religion, gender, national origin, disability or family status. A fifth federal criminal statute governs civil rights violations under "color of law": 18 USC Section 242: Deprivation of Rights Under Color of Law o Prohibits willful deprivation of constitutional and federal statutory rights, but only those deprived by reason of race, color, or ethnicity. o Most frequently used to prosecute violent misconduct by law enforcement officials, but can be used against other officials or anyone purporting to be an official while committing such acts as sexual assault or deprivation of due process. The federal government also has authority to enhance penalties for federal crimes motivated by bias: Hate Crimes Sentencing Enhancement Act (Section 280003 of Public Law103-322) o Enacted into law as part of the Violent Crime Control and Law Enforcement Act of 1994. o If a perpetrator commits any federal crime and chooses the victim on the basis of race, religion, national origin, ethnicity, gender, disability, or sexual orientation, this evidence can be used to impose enhanced penalties. o This is the first federal hate crime legislation to include gender, disability, and sexual orientation as protected categories. o Jurisdiction, however, is limited to federal crimes. Overview of Federal Civil Statutes Use Transparency D5 and distribute Handout D2, "Federal Civil Statutes." Federal Civil Statutes Several federal statutes provide civil redress for victims of bias-motivated violence by private individuals: 42 USC Sections 1981 and 1982: Civil Actions Under the Civil Rights Act of 1866 Both sections of this statute originated in Section 1 of the Civil Rights Act of 1866, enacted by Congress shortly after ratification of the Thirteenth Amendment, which prohibited slavery. o Section 1981 states that "all persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other." o Section 1982 ensures equal rights for citizens in terms of personal property. Damage awards under both sections often include compensatory damages for emotional distress or humiliation. Injunctive relief is also available under Section 1981. 42 USC Section 1985 (3): Conspiracy to Deprive Any Person or Class of Persons of Equal Protection of the Laws o Enacted by Congress as part of the Ku Klux Klan Act to provide redress for victims of Klan offenses during Reconstruction. o Imposes civil liability on anyone who conspires to deprive another individual or class of people of "the equal protection of the laws or of equal privileges and immunities under the laws." Compensatory and punitive damages can be awarded under this section. 42 USC Section 3617: Interference, Coercion, or Intimidation in Violation of the Fair Housing Act o Created a statutory civil cause of action for anyone coerced, threatened, intimidated, or interfered with for exercising rights granted under Sections 3603, 3604, 3605, or 3606 of the Fair Housing Act. Restricts punitive damages to $1,000. 42 USC Section 13981: Violence Against Women Act of 1994 o Establishes a federal civil rights cause of action for victims of crimes of violence motivated by gender. o Makes the offender liable for compensatory damages to the victim and authorizes injunctive and declaratory relief to protect the victim. Use Transparency D6, "Federal Hate Crime Statistics Act." Federal Hate Crime Statistics Act 28 USC Section 534: Federal Hate Crime Statistics Act o Signed into law in April 1990; amended in 1994 and 1996. o Requires the U.S. Attorney General to collect data and publish an annual summary on crimes that manifest prejudice based on race, religion, sexual orientation, ethnicity, or disability. o The Attorney General has delegated responsibilities under the Act to the director of the FBI. The FBI's Uniform Crime Reports Section develops the procedures for and manages the implementation of the collection of hate crime data. o This statute helps identify the geographical location and the nature and types of bias crime occurring in the United States. o The effectiveness of the law depends on its implementation by and support from state and local law enforcement officials. Your department or law enforcement agency should report all bias crimes to the appropriate state and federal reporting agencies, using the standardized reporting form. Note to Instructor The issue of free speech and its relevance to hate crime law is widely debated in both public and legal forums. Depending on your audience and the time available, you may wish to review this information on freedom of speech issues and their relevance to bias crimes. Cases 1-3 present issues that are applicable to a discussion of free speech protections. This section is also provided as Handout D3, "Reconciling Bias Crime and the First Amendment." Reconciling Bias Crime and the First Amendment[3] The First Amendment to the United States Constitution states: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. Note that the Fourteenth Amendment makes the First Amendment applicable to the states as well. 1. Free speech goals of the First Amendment: o Citizens may express their political beliefs and opposition to government without government reprisal. o Society and government are better off when free exchange of political ideas and views is encouraged rather than chilled. o The government may not choose which political beliefs it finds acceptable or unacceptable. 2.What constitutes speech? It may be written, oral, public, or private. It may be used for political or commercial purposes. 3. The First Amendment protects speech, not conduct. Forms of speech include the following: o Symbolic speech to convey a message, e.g., picketing, boycotts, T-shirts with political statements, arm bands, and flag burning (all deemed protected speech) o Anti-government (political) speech; anti-censorship protection for unpopular political speech o Freedom not to speak, pray, or salute the flag o Offensive speech of many types o Speech that reflects bias or prejudice; racist, anti-religious, or sexist speech is generally protected, even if it includes use of slurs or epithets (unless incidental to conduct or used when communicating ideas in a threatening, intimidating, or coercive manner) 4. Exceptions to First Amendment protections for speech include the following: o Threats of force, i.e., language placing a person in reasonable fear of physical injury o Slander or libel o Pornography/obscenity o Fighting words, where speech is directed at a particular person or group of persons and is said in a manner that causes a hostile, physical reaction that tends to incite an immediate breach of the peace o "Captive audience speech," i.e., it is constitutional, with appropriate limitations consistent with court decisions, to limit, by statue or ordinance, the picketing of private homes (Carey v Brown, 1980) o Clear and present danger to public safety, e.g., falsely yelling "Fire!" in a theater or inciting others to immediate violent action o National security, i.e., speech that can constitute treason o False and deceptive advertising o Where speech is incidental to conduct, i.e., it is not the idea being expressed that is being punished, but the intolerable mode of expressing the idea the speaker wishes to convey (e.g., during a beating, the perpetrator says, "I hate blacks.") (Wisconsin v. Mitchell, 1993) o Solicitation crime, e.g., asking a person to murder one's spouse for payment of $10,000. o Words used that tend to prove discriminatory motive, i.e., words expressing discriminatory motive are admissible to prove employment, housing, public accommodation, credit, and other forms of discrimination; words expressing a discriminatory animus may serve as evidence of the prohibited conduct (for example, to prove reason for failure to promote) or may constitute the prohibited conduct itself o Racial, religious, or sexual harassment in schools and workplace, i.e., discriminatory language used to verbally harass another in a confined environment, such as a school setting or place of employment, may be admissible to prove unlawful harassment; for example, a sexual harassment claim may be proven by evidence of unwelcome, offensive verbal comments of a sexual nature that creates an intimidating or hostile school or work environment Note: Speech may fall into more than one category of exception. On most occasions speech that reflects a person's prejudice cannot be punished. But at times, mere words may cause a reasonable person to feel threatened, intimidated, or coerced (e.g., "I'm going to kill you because I hate Catholics."). In that case, a person is not punished for his or her beliefs or offensive thoughts, but for language deemed the equivalent of conduct. Application of judgment and experience is needed to determine whether speech or writings constitute a criminal threat. Fact patterns are not always clear, and reasonable discretion and reasoned judgment are crucial in determining whether a bias crime, giving rise to civil or criminal liability, has occurred. Prior to arresting or prosecuting a suspect for a bias crime for a written or verbal statement, law enforcement officials and prosecutors need to carefully examine the context in which the statement was made. II. Activity: Criminal Law Case Application and Discussion (30 minutes) (The cases in this session were reprinted with permission of Assistant Attorney General Richard Cole, Massachusetts Attorney General's Office, Civil Rights Division.) Refer participants to Transparency D7, "Criminal Case Illustrations," and read the first part of Case 1 aloud. Discuss this case and the following cases with the entire group. There are six cases; if you run out of time, use only the cases that best suit your audience. Case 1 attempts to identify what constitutes offensive or "hate speech" protected by the First Amendment, and what differentiates it from words that may constitute a criminal violation (e.g., a threat of bodily harm directed at a specific person or group of persons). Case 1 On a Saturday morning, a man stands in a section of your town or city Common; he uses anti-Semitic epithets and makes offensive remarks (e.g., "All Jews should die," "It's a shame Hitler wasn't successful in exterminating the Jews"). o Does this constitute a violation of any state criminal law? (No) o Do these remarks constitute a threat of harm? Do they place those present in reasonable fear of physical injury or damage? (No, probably not) o Were these remarks directed at any individual? (No) o Does that make a difference in analyzing whether these remarks constitute a violation of criminal law? (Yes) o Is this protected speech under the First Amendment to the U.S. Constitution or under your state constitution? (Yes) This man also hands out hate literature. o Would this in any way change your analysis of whether this constitutes a crime? (No) o Is this protected speech under the federal and state constitutions? (Yes) This man also self-identifies as a member of a neo-Nazi group. o Does that change your analysis of this problem? (No) Assume that this same man sets up a kiosk on the side of a Jewish religious parade; hundreds of Jews walk past the kiosk as the epithets are made. o Would that in any way change whether he violated criminal law? (No) o Would it change how you would handle the matter if you were at the scene at that time? (You may consider altering the parade route to separate parade participants and the man making the remarks, or provide police barriers to create greater distance between the participants and this man.) Case #2 and Case #3 illustrate that a change of a single fact--in this case, the size differential between the perpetrator and victim--may affect whether language constitutes a criminal offense (threat). Case 2 An 11-year-old black girl sees a 6'5" 250-pound white male in full uniform exercising on the high school football field in the heart of a black neighborhood in your town or city. She walks up to him, stands inches away, and says in a loud voice, "This field is in a black neighborhood, white boy. Stay out of my neighborhood." o Are there bias indicators present? (Yes) What are they? (Different races, use of epithets, statement based on racial differences, incident occurred in predominately black neighborhood) o Can the girl be charged under any state criminal (hate crime) law? (No) Why not? (Legally, the incident does not constitute a threat or intimidation) o Does the incident constitute a threat? (No; based on these facts, the 250-pound white man would not reasonably believe that he was at risk of physical injury in this circumstance) o What other evidence would you need for the incident to constitute a threat? (Other evidence that may have led the white man to be reasonably placed in fear by the small girl, e.g., whether or not she was holding a weapon at the time, whether others appeared to be participating with her in a joint venture, etc.) o Does this constitute a bias incident? (Yes) Note to Instructor The answers to some of the questions in Cases 3, 4, and 5 depend upon the details of your state's relevant statutes. Review the questions in advance and be prepared with the correct answers. Case 3 A 6'5" white man sees an 11-year-old black girl walking on the football field at a high school in the heart of an all-white neighborhood. He walks up to her and, standing inches away, leans down and says in a powerful voice, "This is a white neighborhood, blackey. Get out of my neighborhood." o Does this constitute a threat, creating reasonable fear of physical injury or damage? (Yes) o What specific factors led you to conclude that the language constitutes a threat? (Words directed at a specific person; size, strength, age, and gender differences; close physical proximity; tone of voice) o Are all the necessary elements met to charge under your state's criminal civil rights statute? (Review facts of each element for each relevant statute) Case 4 illustrates that many cases have mixed motives. Even when hate language is used, bias motivation may not be the catalyst or cause for the incident. Hate language at times can be incidental to--and result from--anger, rather than bias or prejudice against the victim's group. Case 4 A white and an Asian American family are neighbors. Both have lived in their adjoining houses for three years without any problems. One Saturday, the father of the Asian American family cuts down an oak tree located on the property of the white neighbor's house, mistakenly believing it is on his side of the property line. The father of the white family observes this, runs out, yells racial epithets, and punches the Asian American man in the face. o Are there bias indicators present? (Yes) What are they? (Different races, use of racial epithets) o What do you believe was the motivating factor for this incident? (Cutting down the tree) Were there more than one? (Possibly underlying bias against Asian Americans) o Does this conduct constitute a violation of any state or federal criminal law? (Yes) Which ones? (Review relevant state statute[s]) o How do you determine if a bias motive is involved? (Investigator needs to determine the perpetrator's attitude toward neighbors and the nature of the relationship prior to this dispute. For example, were they social friends, or did they exchange few words over the years? Did the perpetrator ever express unhappiness over having Asian American neighbors?) o Assuming that you conclude there are mixed motives that led to the incident or contributed to its seriousness (e.g., the tree cutting and anti-Asian bias), does that make a difference as to whether one can prosecute under your state's hate crime statute? --Does bias motivation need to be the sole or primary motivation for conduct, or can it be one of the motivating factors in order to prosecute under your state's statute? --Could a person be prosecuted under your state's statute if you conclude that the incident became more violent because of bias, even though the catalyst for the initial dispute was based on race-neutral factors? --Would you still list it as a bias crime under the Hate Crime Statistics Act? Same scenario as above, except that the Asian American family just moved into the house the week before and has had no contact with the neighbors. o Are there bias indicators present? (Yes) What are they? (Different races, use of racial epithets, recently moved into neighborhood) o What do you believe was the motivating factor for this incident? (Racial differences and tree cutting) Were there more than one? (Yes, but racial difference was probably the predominant motive) o Would it change your conclusion if the perpetrator was friendly with another Asian American family residing on the street or in the neighborhood? (This may indicate anti-Asian bias was not involved, or was not the primary motive) o Does this conduct constitute a violation of any criminal laws? Which ones? o Does the fact that the Asian family just moved into the house in any way change your analysis of the perpetrator's motivation? (Yes, more likely racial bias was a factor) Case 5 attempts to identify the investigative steps needed to properly assess whether a civil rights violation or hate crime occurred versus a situation in which the couple was randomly selected. The case requires discussion of statutory elements to determine if they are applicable when no direct physical confrontation or violence is involved. It is also important to have participants identify not only the relevant criminal civil rights statutes but also the general criminal laws that govern this situation. Case 5 An interracial couple lives in a deserted area or on a dead-end street in your town or city. On two occasions, in the dark of night, three high school youths