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Chapter 21, Section 1

Hate and Bias Crimes

Abstract: Bias crimes are motivated by hatred against a victim based upon his or her race, religion, sexual orientation, ethnicity, or national origin. These hate crimes pose unique challenges for victim service providers. The victim and, indeed, the entire community are detrimentally affected by bias crimes. The special needs of bias and hate crime victims require special sensitivity from victim service, law enforcement and criminal justice professionals.

Learning Objectives: Upon completion of this chapter, students will understand the following concepts:

1. The definition of bias crime.

2. Bias crime indicators for law enforcement.

3. The unique features of bias crimes that differentiate them from other crimes.

4. The impact bias crimes have on victims, as well as the community.

• Preliminary figures show 5,852 hate crime incidents were reported to the FBI during 1994, including incidents reported by more than 7,200 law enforcement agencies in 43 states and the District of Columbia.
• Sixty percent of the incidents were motivated by racial bias; 18 percent by religious bias; 12 percent by sexual-orientation bias; and 11 percent by ethnicity/national origin bias. The 5,852 incidents involved, 7,144 separate offenses, 7,187 victims, and 6,189 offenders.
• Most of the incidents (84 percent) involved only one victim and a single offense type (98 percent). Fewer than one-third, however, involved only one victim and one offender.
• Seven of every ten incidents involved crimes against persons, and eight of every ten were directed at individuals. Of the total incidents directed at individuals, 15 percent involved crimes against property.
• In 1992, 17 persons were murdered in hate-motivated incidents. While bias against ethnic groups motivated fewer hate crime offenses than any other bias-types, it resulted in the highest number of murders; eight. Of the remaining murders, seven were motivated by racial bias, one was motivated by religious bias, and one by sexual-orientation bias.
• Law enforcement agencies reported 7,913 known offenders to be associated with the 6,623 incidents recorded in 1992. Fifty-three percent of the known offenders were white, and 42% were black. Offenders were unknown for 2,821 (36%) of the incidents.
• Nine out of ten offenders were identified in connection with anti-black offenses. Similarly, nine of every ten black offenders identified were associated with anti-white offenses.
• Twenty-five percent of hate crime incidents in 1992 occurred in residences. Following closely were highways, roads, alleys, or streets, accounting for 23%. The remaining incidents were widely distributed among varied locations.

(The preceding data were derived from the Federal Bureau of Investigation Uniform Crime Reporting Program "1992 Hate Crime Statistics," 1993, U.S. Department of Justice, Washington, DC.)

The Federal Hate Crimes Statistics Act of 1990 defines bias crimes as crimes motivated by "hatred against a victim based on his or her race, religion, sexual orientation, ethnicity, or national origin." Constitutional protections are guaranteed to all in America. Yet some within our country 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. 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. Professionals must be particularly skillful in responding in a way that does not exacerbate the trauma of the victim and the community. Victims of hate crimes often suffer serious and long-lasting traumatic stress that can be made worse by an uninterested or inappropriate responses.

Unique Challenges for Victim Service Professionals

Bias crimes:

• May have a more devastating effect than other crimes because they have a unique psychological impact on the victim.
• Are considered "message crimes" -- crimes that send a message of fear and terror based on a foundation of bigotry.
• 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.
• Demand a special response from law enforcement, criminal justice, and victim assistance professionals.

When law enforcement officials are investigating a crime, there are clues they can look for in determining if a case should be investigated as a bias crime. These clues are called bias indicators.

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, and can provide guidelines to shape the investigative process. Such indicators include the following:

Racial, Ethnic, Gender and Cultural Differences

• Racial, religious, ethnic/national origin, disability, or sexual orientation of a victim differs from that of the offender.
• Victim is a member of a group that is overwhelmingly outnumbered by members of another group in the area where the incident has occurred.
• Victim was engaged in activities promoting his/her group.
• Incident coincided with a holiday or date of particular significance to the victim's group.

• Victim, although not a member of the targeted group, is a member of an advocacy group that supports the victim group, or the victim was in the company of a member of the targeted group.
• Historically, animosity exists between the victim's group and the suspect's group.

Comments, Written Statements and Gestures

• Bias-related comments, written statements or gestures were made by the offender.

Drawings, Markings, Symbols and Graffiti

• Bias-related drawings, markings, symbols, or graffiti were left at the scene of the incident.
• Bias indicators need not establish that the predominant purpose of an offender's actions was motivated by hatred or bias. It is sufficient for classification of an incident as a bias crime that an offender was acting out of hatred or bias, together with other motives, or that a bias motive was a contributing factor, in whole or in part, in the commission of a criminal act.

Organized Hate Groups

• Objects or items that represent the work of organized hate groups were left (e.g. white hoods, burning crosses), or an organized hate group claimed responsibility for the incident.
• There were indications that a hate group was involved. For example, a hate group claimed responsibility for the crime, or was active in the neighborhood.

Previous Existence of Bias Crime/Incidents

• Victim was visiting a location where previous bias crimes had been committed against members of the victim's group.
• Several incidents occurred in the same area, and the victims were members of the same group.
• Victim has received previous harassing mail or phone calls, or has been the victim of verbal abuse based on his/her affiliation with a targeted group.

Victim/witness Perception

• Victims or witnesses perceive that the incident was motivated by bias.

Motive of Suspect

• Suspect was previously involved in a similar incident or is a member of, or associates with members of, an organized hate group.
• The victim was in the company of, or married to, a member of a targeted group.
• The victim was perceived by the offender as violating or breaking from traditional conventions or working in nontraditional employment.
• The offender has a history of previous crimes with a similar modus operandi, and there have been multiple victims of the same (citizenship, race, religious, ethnic/national origin, disability, sexual orientation, or gender).
• The victim was in or near an area commonly associated with or frequented by a particular (citizenship, race, religion, ethnic/national origin, disability, sexual orientation, or gender) (e.g. a gay bar).

Lack of Other Motives

• No clear economic or other motive for the incident exists.

Bias crime is likely to be more serious, injurious or lethal than any other personal injury crime. Motivated in part by fear, it often escalates when the members of the dominant culture think they are under attack. Bias crimes have been prevalent in, at least, certain parts of America and attributed to members of particular groups, e.g. the Ku Klux Klan. The issue emerged again during the 1991 Gulf War, when some Arab-Americans were harassed or even physically abused.

Bias crimes are usually perpetrated in groups. The notable exception is found in sex offenders who commit acts of sexual assault or other abuse out of a clear hatred of their victims. Group-instigated crime has a significant impact on the victim for several reasons:

• There is a diffusion of responsibility so that no one person is held personally accountable.
• The group seems to generate courage, particularly among those who fit the description of "cowardly."
• Groups tend to exacerbate the viciousness of the crimes.
• The most egregious type of victim trauma of all hate crimes results from mass murders and/or assaults. Hatred has been thought to be one of the primary motives in a number of recent mass crimes.
• Bias crimes have also emerged in response to the AIDS epidemic. According to the Presidential Commission on the Human Immunodeficiency Epidemic, there is "increasing violence against those perceived to carry HIV," and that for them, "so-called 'hate crimes' are a serious problem."
• A large number of bias crimes seems to be aimed at individuals who are not only members of an identified group, but who are perceived as infringing on another group's sovereignty.

Victim and Community Impact

Bias crimes affect both individuals and communities. Each of the unique characteristics of bias crimes impact -- from the perspective of the victim and the community -- is presented below.

Victim Impact

• Victims of bias crimes have been 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.
• Victims of bias crimes are targeted due to a core characteristic of their identity that is immutable. This may lead to increased vulnerability.
• When a bias crime is committed against a member of a minority group, the victim frequently perceives the offender as representative of the dominant culture in society who may frequently stereotype the victim's culture.
• 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.
• Victims 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.
• 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.
• Assumptions about life/world view may be shattered. For bias crime victims who are minorities, this may be particularly devastating because their world view may have been very different than the dominant culture's world view.
• It may be very difficult for the bias crime victim to resolve that the crime was motivated by hatred, as opposed to another motive such as economics.

Community Impact

• When individuals are targets of hate because of their race, religion, ethnicity, gender or sexual orientation, their victimization is projected outward to all members of their wider community.
• Other members of the same group feel victimized; members of other commonly targeted groups are reminded of their vulnerability to similar attacks.
• Places of worship are often targeted by bias crime offenders; these attacks on sacred spiritual symbols that may harm victims more than other acts of vandalism, also harm other members of the community.

(The curriculum material included above is derived from National Bias Crimes Training for Law Enforcement and Victim Assistance Professionals: A Guide for Training Instructors, published by the Education Development Center, Inc. (EDC) and Massachusetts Criminal Justice Training Council under the U.S. Department of Justice Office for Victims of Crime (award #92DD-CX-K030) in 1994.)

Roles and Responsibilities for Victim Service Providers

Because of the deep and traumatic emotional reactions that victims of hate and bias-motivated crimes experience, special services such as the following should be developed to respond to their particular needs:

1. Let the victim express the intense feelings aroused by the hate crime.
2. Provide information to the victim concerning the investigation and prosecution of their case, both about their case in particular and the system in general.
3. Any hate crime victim who is reluctant or refuses to prosecute should be carefully interviewed to determine the reasons for the reluctance or refusal. In many cases, this reluctance can be overcome by a prosecutor who expresses appropriate concern for the victim, provides reassurance that the criminal justice system can serve the victim's interests, and arranges to protect the victim. Prosecutor programs can also turn to community groups as a resource to help support reluctant witnesses through the criminal justice system.
4. Provide referrals for cross-cultural counseling for victims of hate crime.
5. Legitimize the bias-motivated crime for what it is to the victim.
6. Address the crisis of victimization as well as confront the obvious hate and prejudice exhibited in the crime.
7. Assist the victim with completing and filing an application to the state's victim compensation fund, if applicable.
8. Provide the victim with information about victim impact statements and their importance and use in the justice process; provide them with the appropriate impact form and offer whatever assistance they require in preparing their victim impact statement for court and/or for paroling authorities.
9. If there is a conviction in the case, provide a referral for the victim to the victim liaison in the state department of corrections or the probation/parole department for a continuation of victim notification and services concerning their case and the status of the convicted defendant.
10. If there is a conviction in the case, provide the victim with post-conviction appellate notification and services.
11. Inform and educate the victim of hate crimes about the possibility of civil remedies for the crime committed against them. Refer them to the local Bar Association for referrals, or to any local or state nonprofit legal organizations that possibly represent hate crime victims.
12. Be as non-judgmental as possible in dealing with the victim of hate crimes.
13. Improve outreach into the cultural and minority communities in your jurisdiction. Let the community members know your program is willing and able to serve victims of bias crime. Members of community-based advocacy groups in these communities can be helpful in the prosecution of hate crime cases and the provision of victim services by providing the following services:
    • Locating witnesses to the crime and encouraging them to come forward.
    • Locating victims who may have moved and changed phone numbers without notifying the prosecutor's office.
    • Providing emotional support to victims and encouraging them to continue the prosecution.
    • Acting as informal interpreters during pre-trial interviews and determining the effectiveness of the court-appointed interpreters.
    • Acting as "expert witnesses" at the sentencing hearing as they may be able to testify to the effect of the crime on the victim, either by discussing cultural issues that others might not be aware of or by discussing the crime's effect on the community as a whole.
    • Identifying significant dates relevant to the premeditation of the perpetrator. Community leaders will likely recognize any intentional choice of a date significant to a religious, ethnic or other group to commit a premeditated hate crime, and may make excellent witnesses in court concerning this fact.
    • Informing prosecutors of other relevant information, such as local demographic changes that contribute to a rise in hate crime.
14. If you are unfamiliar with the cultural or ethnic group of a targeted hate crime victim, contact the relevant community media outlet to obtain a competent referral for assisting with the crime victim and the case.
15. Get in touch with the local gay and lesbian communities. Most of them will never seek your services until your program shows that it is willing and able to serve this population. Make this known on your program's informational materials. For example, you can state on your brochure that: "Our services are available to all members of the community, including young persons, the elderly, persons with disabilities, persons of color, and lesbian and gay persons."
16. Offer to speak to different community groups that will help you advertise to the community and let every segment know what services are available for them.
17. Adopt an official policy prohibiting discrimination in your own program.

(Focus on the Future: Effective Service Delivery to Victims of Bias Motivated Crimes; sponsored by the U.S. Department of Justice, Office for Victims of Crime, 1994.)

Self Examination Chapter 21, Section 1

Hate and Bias Crimes

1) Complete the following sentence: "Bias crimes are motivated by hatred against a victim based on his or her __________, ____________, ________ _____________, __________, or __________ ______."

2) Identify five indicators of bias crimes.

3) What is one of the effects that group-instigated crime might have on a victim or community?

4) Identify three effects bias crime has on its victims.

5) What are three of the many roles and responsibilities that victim service providers fulfill when dealing with bias crime victims?

6) Briefly describe the components of your proposed, ideal hate and bias crime victim assistance program.

References

National bias crimes training for law enforcement and victim assistance professionals: A guide for training instructors. (1994). Published by the Education Development Center, Inc. (EDC) and Massachusetts Criminal Justice Training Council. Sponsored by the U.S. Department of Justice, Office for Victims of Crime (award #92DD-CX-K030).

Focus on the future: Effective service delivery to victims of bias motivated crimes. (1994). Sponsored by the U.S. Department of Justice, Office for Victims of Crime.

To Chapter 21-Section 2

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