Download Hate Crimes

Hate Crimes
Course
Law
Enforcement II
Unit VI
Victims’ Rights
Essential
Question
What constitutes
a hate crime?
TEKS
§130.294(c)
(6)(D)
Prior Student
Learning
None
Estimated Time
4 hours
Rationale
Law enforcement officers need to be able to determine what constitutes a
hate crime. It is also important to understand state and federal legislation and
how it applies to hate crimes.
Objectives
The student will be able to:
1. Define key terms
2. List motivating factors and statistics for hate crimes
3. Explain offender typologies
4. Examine hate crime legislation
5. Identify key issues in making law enforcement contacts in cases which
might involve hate crimes
6. Evaluate why hate crimes occur
7. Identify bias indicators
8. Define the steps involved in conducting the preliminary investigation of
a hate crime
Engage
Review the article, “The Life and Death of Billy Jack Gaither,” and read the
interviews with the persons involved in the case. Have students write their
responses to the following questions. Use the Writing Rubric for assessment
(this activity may be used as a discussion as well).
 http://www.pbs.org/wgbh/pages/frontline/shows/assault/billyjack/
 Does this constitute a hate crime?
 What factors lead you to make that decision?
Key Points
I. Definitions
A. Hate Crime – a criminal action against an individual or a group which
is motivated by hatred of race, religion, sexual orientation, handicap,
ethnicity, or national origin. A hate crime can be an act of
intimidation, threats, property damage, assault, and even murder
B. Protected Characteristics – a characteristic shared by a group:
race, language, religion, ethnicity, nationality, or any other similar
common factor
C. Ethnic group – a group having real or putative common ancestry,
memories of a shared past, and a cultural focus upon one or more
symbolic elements which define the group’s identity
D. National origin – citizenship, a cultural affiliation to a national group,
which may be linked to a state other than that of which the person is
a citizen
E. Nationality – a legal bond between a person and a state; does not
indicate the person’s ethnic origin
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F. Religion – a lack of religious belief; religious or philosophical
convictions related to the existence of or non-existence of a god
G. Race – a local geographic or global human population distinguished
as a more or less distinct group by genetically transmitted physical
characteristics
H. Sexual orientation – heterosexuality, bisexuality, or homosexuality
I. Disability – any physical or mental impairment
J. Ethnicity – a group of people whose members identify with each
other through a common heritage, often consisting of a common
language and culture, and an ideology that stresses common
ancestry
II.
Motivating Factors (from Strom, Hate Crime Reported in NIBRS, 2001)
A. Race is 61% of all factors for hate crimes. Races targeted are
1. Black – 60% of all racially motivated hate crimes
2. White – 30% of all racially motivated hate crimes
B. Religion is 14%
C. Sexual orientation is 13%
D. Ethnicity is 11%
E. Victim disability is 1%
III. Offender Typologies (from McDevitt, Levin, and Bennett "Hate Crime
Offenders: An Expanded Typology," 2002)
A. Thrill-seeking – comprises 66% of offenders. These offenders are
motivated by the desire for excitement
B. Defensive – comprises 25% of offenders. These offenders commit
hate crimes to protect their neighborhoods from perceived outsiders
C. Retaliatory – comprises 8% of offenders. These offenders act in
response to a hate crime, either real or perceived
D. Mission oriented – only comprises 1% of all hate crime offenders.
They are so strongly committed to bigotry that they make hate a
career
IV. Hate Crime Legislation
A. The Matthew Shepard and James Byrd, Jr Hate Crimes Prevention
Act of 2009 is legislation that creates new criminal codes which
criminalize intentional bodily harm when
1. A crime is committed because of race, color, religion or national
origin
2. A crime is committed because of religion, national origin,
gender, sexual orientation, gender identity, or disability AND the
crime affected interstate or foreign commerce OR occurred
within special maritime and territorial jurisdiction
B. Church Arson Prevention Act of 1996
1. Created the National Church Arson Task Force (NCATF) to
oversee the investigation and prosecution of church arson
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2. It brought together the Federal Bureau of Investigation (FBI);
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
and Department of Justice (DOJ) prosecutors to partner with
state and local law enforcement
3. Created broader federal jurisdiction to aid criminal prosecutors
4. Established a loan guarantee recovery fund for rebuilding
C. Hate Crime Statistics Act of 1990
1. Requires the DOJ to collect data on hate crimes
2. The information is compiled by the FBI using the Uniform Crime
Reporting (UCR) system
D. Hate Crime Sentencing Enhancement Act of 1996
1. Was developed in response to repeat offenders
2. The U.S. Sentencing Commission announced its
implementation of a three-level sentencing guidelines increase
for hate crimes
V.
Key Issues in Law Enforcement
A. Physical Assaults
1. Brutal/spur of the moment
2. Use a weapon of opportunity
3. Physical injuries severe and slow to heal
4. Emotional injuries are forever and spread
5. Usually individuals or small groups
6. Frequent during hard economic times in depressed areas
7. Stereotypes lead to aggressive acts
8. Hate crimes lead to retaliation
9. Cause traumatic distress to individuals and communities
B. Effects on Victims
1. Leads to feelings of depression and anxiety
2. Immediately causes greater psychological injury and increased
feelings of vulnerability because the victim is unable to change
the characteristics that made him or her a victim
3. The community may also be frightened and intimidated
4. Fear risk of future attacks
5. Effects multiply when the group is historically discriminated
against
VI. Reasons for Hate Crimes
A. The perpetrator may act for reasons such as resentment, jealousy, or
a desire for peer approval
B. The perpetrator may have no feelings about the individual target of
the crime but have hostile thoughts or feelings about the group to
which the target belongs
C. The perpetrator may feel hostility to all persons who are outside the
group in which the perpetrator identifies him or herself
D. At an even more abstract level, the target may simply represent an
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idea such as immigration to which the perpetrator is hostile
VII. Bias Indicators
A. Applied appropriately, singly, or in combination, these bias indicators
may lead to legally viable findings of bias
1. The offender and the victim belong to different racial, religious,
ethnic/national origin, or sexual orientation groups
2. The offender made an oral or written statement and/or gesture
expressing bias against the victim, such as a racial epithet or
threat
3. Bias-related drawings, markings, symbols, or graffiti were left at
the crime scene
4. Identifiable bias-related objects were used, such as a white
hood or sheet
5. The victim is a member of a vastly outnumbered minority group
in the neighborhood or community where the crime occurred
6. The victim has received bias-related threats and other forms of
harassment prior to the crime
7. The victim was visiting a location where a previous crime
against his or her minority group took place
8. A rash of crimes occurred in the crime’s vicinity, directed against
the minority group to which the victim belongs
9. The victim or witnesses express the opinion that it was a hate
crime
10. The victim was an activist for increased civil rights and social
visibility of his or her minority group
11. The incident occurred on a holiday important to the minority
group
12. The offender is known to have committed previous hate crimes
13. The offender is a member of a hate group and there were
indications that that particular hate group was involved in the
crime
14. The victim’s and the offender’s groups have a shared history of
mutual hostility
15. The victim is an advocate for the minority group but not a
member of the group
VIII. Investigating Hate Crimes
A. Assessing Injury
1. Primary Injury – the material and emotional harm done to the
victim
a. Physical harm
b. Emotional harm
c. Financial harm
2. Secondary Harm – the experience of a lack of support or
hostility after the crime; consult the following checklist to prevent
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secondary injury to the victim:
a. Approach the victim empathetically and supportively,
expressing a concern for his or her welfare, and sympathy
for his or her sense of anger or shame
b. Attempt to calm the victim and reduce his/her anxiety
c. Reassure the victim that the police will utilize every
resource to find the offender/bring the offender to justice
d. Recommend and provide extra patrol support
e. Give the victim clear, practical advice about how to prevent
future attacks
f. Refer the victim to the available/appropriate community
services
g. Clarify all of the victim’s criminal and civil rights
B. Safety Precautions
1. The perpetrators acting on the behalf of hate groups are often
well-armed and ready to use their weapons on the police
2. A timely and effective response is necessary to stabilize the
crime scene. The victims and their families, friends, and
neighbors are often unruly and highly emotional
3. Be sensitive to the feelings of the victim and the community, and
to special conditions arising from their cultural identity.
Reassurance is a good idea for those traumatized, especially if
they are afraid of suffering repeated offenses. Officers must be
vigilant in spotting cultural backgrounds calling for retaliation
4. The responding officers must be prepared for the victims to vent
extreme emotions before, during, and after the initial interview.
Patience and careful listening skills will pay off with cooperation
and mutual goodwill
5. The responding officer is sometimes a different culture,
nationality, race and/or lifestyle than the victim. Officers can
help victims by finding a close friend, relative or member of the
community to comfort the victim and help him or her to
communicate needs and concerns
C. Investigator
1. Identify the crime that has occurred
2. Establish the bias motive of the crime using bias indicators
3. Determine what group the victim identifies with
4. Assess the neighborhood area to identify and interview the
witnesses
5. Coordinate the investigative work and evidence analysis with
the crime scene unit
6. Conduct surveillance and other techniques to identify and
apprehend the perpetrator
7. Coordinate victim assistance with appropriate legal or service
agencies
8. Maintain contact with the original reporting officer, keeping him
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or her informed of the case status
9. Maintain contact with the victim, keeping him or her informed of
the case status
10. Prepare the case for the prosecution and refer to the district
attorney
Activities
1. Public Service Announcement. Place students into groups, 4–6 per group.
Then have students create a Public Service Announcement (PSA) to
educate the public about hate crimes. Students may choose the format of
the presentation from the following options: a poster, a bumper sticker, or
a flyer. Have the students present their PSA to the class. Use the
Presentation Rubric for assessment.
2. Steps of Hate Crime Investigation. Pre-make index cards with the steps to
investigating a hate crime. Each card should have a different step. Divide
the students into groups and give each group a set of index cards. The
groups will then race to see which group can put them in the correct order
first. Use the Individual Work Rubric for assessment.
Assessments
Hate Crimes Exam and Key
Discussion Rubric
Individual Work Rubric
Presentation Rubric
Writing Rubric
Materials
Hate Crimes computer-based presentation
Hate Crimes Key Terms
Computers with presentation software
Construction paper
Scissors
Glue
Magazines
Resources
Texas Commission on Law Enforcement Officers Standards and Education
(TCLEOSE) http://www.tcleose.state.tx.us/
The Life and Death of Billy Jack Gaither
http://www.pbs.org/wgbh/pages/frontline/shows/assault/billyjack/
National Criminal Justice Reference Service
https://www.ncjrs.gov/spotlight/hate_crimes/summary.html
https://www.ncjrs.gov/spotlight/hate_crimes/facts.html
National Institute of Justice
http://nij.gov/topics/crime/hate-crime/motivation.htm
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Strom, K.J. Hate Crime Reported in NIBRS, 1997–1999. Washington, DC:
U.S. Department of Justice, Bureau of Justice Statistics, 2001, NCJ
186765; retrieved from http://nij.gov/topics/crime/hatecrime/motivation.htm#note1
McDevitt, J., J. Levin, and S. Bennett (2002). "Hate Crime Offenders: An
Expanded Typology." Journal of Social Issues 58(2): 303–317, NCJ
204396. Retrieved from http://nij.gov/topics/crime/hatecrime/motivation.htm#note1
Accommodations for Learning Differences
For reinforcement, students will research news articles related to hate crimes.
Students should find a news article for each of the following types of hate
crimes: race, religion, sexual orientation, handicap, ethnicity and national
origin. Use the Individual Work Rubric for assessment.
For enrichment, students will research historical events throughout the 20th
century that involved hate crimes. Students will present a computer-based
presentation based on those historical events and their effects on today’s
society. Use the Presentation Rubric for assessment.
State Education Standards
Texas Essential Knowledge and Skills for Career and Technical Education
§130.294. Law Enforcement II (One to Two Credits).
(6)
The student understands techniques to foster public cooperation
for victims in a variety of law enforcement situations. The
student is expected to:
(D) define the steps involved in conducting the preliminary
investigation of a hate crime.
College and Career Readiness Standards
English/Language Arts
B. Develop effective speaking styles for both group and one-on-one
situations.
1. Participate actively and effectively in one-on-one
communication situations.
2. Participate actively and effectively in group discussions.
3. Plan and deliver focused and coherent presentations that
convey clear and distinct perspectives and demonstrate solid
reasoning.
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Hate Crimes Key Terms
Disability – any physical or mental impairment
Ethnic group – a group having real or putative common ancestry, memories of a shared
past, and a cultural focus upon one or more symbolic elements which define the
group’s identity
Ethnicity – a group of people whose members identify with each other through a
common heritage, often consisting of a common language and culture, and an
ideology that stresses common ancestry
Hate Crime – a criminal action against an individual or a group which is motivated by
hatred of race, religion, sexual orientation, handicap, ethnicity, or national origin. A
hate crime can be an act of intimidation, threats, property damage, assault, and even
murder
National origin – citizenship, a cultural affiliation to a national group, which may be linked
to a state other than that of which the person is a citizen
Nationality – a legal bond between a person and a state; does not indicate the person’s
ethnic origin
Protected Characteristics – a characteristic shared by a group: race, language, religion,
ethnicity, nationality, or any other similar common factor
Race – a local geographic or global human population distinguished as a more or less
distinct group by genetically transmitted physical characteristics
Religion – a lack of religious belief; religious or philosophical convictions related to the
existence of or non-existence of a god
Sexual orientation – heterosexuality, bisexuality, or homosexuality
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Name_____________________________________Date_______________________________
Hate Crimes Exam
1) _____ A hate crime is a criminal action against an individual or a group motivated by
hatred of all except which of the following?
a) Age
b) Sexual orientation
c) Ethnicity
d) Race
2) _____ Which is the most prevalent factor that motivates hate crimes?
a) Sexual orientation
b) Ethnicity
c) Race
d) Victim disability
3) _____ Which offender typology is motivated by a such a strong commitment to bigotry they
make hate a career?
a) Thrill-seeking
b) Defensive
c) Retaliatory
d) Mission oriented
4) _____ Which offender typology is motivated by an extreme desire for excitement?
a) Thrill-seeking
b) Defensive
c) Retaliatory
d) Mission oriented
5) _____ Which offender typology acts in response to either a real or perceived hate crime?
a) Thrill-seeking
b) Defensive
c) Retaliatory
d) Mission oriented
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6) _____ Which offender typology is based on committing hate crimes to protect one’s
neighborhood from real or perceived outsiders?
a) Thrill-seeking
b) Defensive
c) Retaliatory
d) Mission oriented
7) _____ The Church Arson Prevention Act of 1996 implemented what guidelines?
a) Requires the Department of Justice (DOJ) to collect data on hate crimes
compiled by the Federal Bureau of Investigation (FBI) using the Uniform Crime
Reporting System
b) Created a new criminal code that criminalized hate crimes involving intentional
bodily harm
c) Established a loan guarantee recovery fund for rebuilding
d) Created three-level sentencing guidelines increasing punishments for hate
crimes
8) _____ Which legislative act created new criminal codes criminalizing intentional bodily
injury in hate crimes?
a) Church Arson Prevention Act of 1996
b) Hate Crime Statistics Act of 1990
c) Matthew Shepard and James Byrd, Jr Hate Crimes Prevention Act of 2009
d) Hate Crime Statistics Act of 1990
9) _____ A characteristic shared by a group, such as race, language, religion, ethnicity,
nationality, or any other similar, common factor:
a) Race
b) National origin
c) Protected characteristic
d) Element of a hate crime
10) _____ A perpetrator may act for reasons such as resentment, jealousy, or a desire for
peer approval:
a) Bias indicator
b) Reason for hate crime
c) Secondary injury
d) Security concerns
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11) _____ Which of the following is a reason for a hate crime?
a) The offender and the victim belong to a different racial, religious, ethnic,
national origin, or sexual orientation group
b) The perpetrator may have no feelings toward the targeted individual, only
toward the group in which the individual belongs
c) The perpetrator feels hostility toward all persons outside his or her own group
d) All of the above
12) _____ A group having real or putative common ancestry, memories of a shared past, and
a cultural focus upon one or more symbolic elements which define the group’s
identity:
a) National origin
b) Race
c) Sexual Orientation
d) Ethnic group
13) _____ Citizenship, a cultural affiliation to a national group, which may be linked to a state
other than that of which the person is a citizen:
a) Ethnic group
b) Race
c) Nationality
d) National origin
14) _____ A legal bond between a person and a state, does not indicate the person’s ethnic
origin:
a) National origin
b) Sexual Orientation
c) Nationality
d) Ethnicity
15) _____ A local geographic or global human population distinguished as a more or less
distinct group by genetically transmitted physical characteristics:
a) Race
b) National origin
c) Nationality
d) Ethnicity
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16) _____ A group of people whose members identify with each other through a common
heritage, often consisting of a common language and culture, and an ideology that
stresses common ancestry:
a) National origin
b) Race
c) Nationality
d) Ethnicity
17) _____ Which of the following is not a bias indicator?
a) Give the victim clear, practical advice about how to prevent future attacks
b) The offender made an oral or a written statement and/or a gesture expressing
bias against the victim such as racial epithets or threats
c) The victim/witnesses express the opinion that it was a hate crime
d) The offender is known to have committed previous hate crimes
18) _____ Which of the following is a primary injury to a victim of a hate crime?
a) An attempt to calm the victim and to reduce anxiety
b) Financial harm
c) Recommend and provide extra patrol
d) Refer the victim to available/appropriate community services
19) _____ When investigating hate crimes, investigators should do all except which of the
following?
a) Stabilize the victim
b) Maintain contact with the victim, keeping him or her informed of the status of the
crime
c) Protect the crime scene and the evidence
d) Express a lack of support or hostility to the victim
20) _____ Hate crimes involving physical assaults have all except which of the following
characteristics?
a) Use weapons of opportunity
b) Race is the motivating factor
c) Brutal, spur-of-the moment attacks
d) Cause traumatic distress to individuals and communities
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Hate Crimes Exam Key
1) A
2) C
3) D
4) A
5) C
6) B
7) C
8) C
9) C
10) B
11) D
12) D
13) D
14) C
15) A
16) D
17) A
18) B
19) D
20) B
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Name_______________________________________
Date_______________________________
Discussion Rubric
Objectives
4 pts.
Excellent
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Participates in group discussion
Encourages others to join the
conversation
Keeps the discussion progressing
to achieve goals
Shares thoughts actively while
offering helpful recommendations to
others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions
or requesting input
Expresses thoughts and ideas
clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Follows directions
Student completed the work as directed,
following the directions given, in order and to the
level of quality indicated
Time management
Student used time wisely and remained on task
100% of the time
Organization
Student kept notes and materials in a neat,
legible, and organized manner. Information was
readily retrieved
Evidence of learning
Student documented information in his or her
own words and can accurately answer questions
related to the information retrieved
*Research/Gathering information (if relevant)
Student used a variety of methods and sources
to gather information. Student took notes while
gathering information
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
Topic/Content
 Topic discussed completely and in-depth
 Includes properly cited sources (if used)
Creativity/Neatness
 Integrates a variety of multimedia effects
to create a professional presentation
(transition and graphics) or appropriate
visual aid used
 Title slide, table of contents, bibliography
are included, using acceptable format
Mechanics
 Grammar, spelling, punctuation, and
capitalization are correct
 Image and font size are legible to the
entire audience
Oral Presentation
 Communicates with enthusiasm and eye
contact
 Voice delivery and projection are
dynamic and audible
Audience Interaction
 Presentation holds audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
N/A
Pts.
The writing has all required parts from
introduction to conclusion in smooth
transition.
The writing is interesting, supportive,
and complete.
The writing demonstrates that the
writer comprehends the writing
process.
Accurate spelling, grammar, and
punctuation
The content of paragraphs
emphasizes appropriate points.
The writer shows an understanding of
sentence structure, paragraphing, and
punctuation.
All sources and references are clearly
and accurately documented.
Total Points (28 pts.)
Comments:
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