Reports of hate crimes have been steadily increasing over the past several years, particularly against certain groups; there were reports of 6,121 incidents in 2016 and 7,175 incidents in 2017 (a 17 percent increase). Hate crime experts are unsure if this increase reflects a rise in hate incidents, a willingness on the part of victims to report, or better reporting practices by law enforcement (or a combination of these factors); regardless, these crimes have lasting and far-reaching effects for victims, their communities, and for the nation.
Author(s): Joseph Pelletier
Series: Safety and Risk in Society
Publisher: Nova Science Publishers
Year: 2021
Language: English
Pages: 340
City: New York
Contents
Preface
Chapter 1
In the Name of Hate: Examining the Federal Government’s Role in Responding to Hate Crimes(
Acknowledgments
Executive Summary
Findings
Recommendations
Part 1: Introduction and Overview of Applicable Laws
Laws Regarding Hate Crimes and Bias-Related Incidents
Hate Crime Laws
Hate Incidents
Opponents to Existing Hate Crime Laws
Court Challenges to Federal Hate Crimes Laws
Federal Responses to Hate Crimes
Department of Justice
Department of Education
Part 2: Hate Crime Data and Targeted Communities
Hate Crime Reporting and National Data Collection
Challenges to Hate Crime Data Collection
Targeted Communities
Racial/Ethnic Bias Hate Crimes
Hate Crimes against Black Communities
Crimes against Immigrant and Perceived Immigrant Communities
Religion-Based Hate Crimes
Crimes against Jewish Communities
Crimes against Muslim Communities
Crimes against Sikh Communities
Sexual Orientation and Gender Identity Bias Crimes
Disability Bias Hate Crimes
Part 3: Federal Enforcement and Strategies to Combat Hate Crimes and Bias-Motivated Incidents
Department of Justice
DOJ Hate Crimes Website
Federal Prosecution Efforts
Hate Crimes Based on Race and/or National Origin
Hate Crimes Based on Gender and/or Sexual Orientation
Hate Crimes Based on Religion
Hate Crimes Based on Disability
Other Fact Patterns
Lack of Transparency
Statutory Limitations
Department of Education and DOJ Jurisdiction Related to Education
Higher Education Campuses
Primary and Secondary Schools (K-12)
Postsecondary Schools (Colleges and Universities)
Examples of Bias and Hate Incidents on Campuses Targeting Specific Groups
Bias Incidents against Black Americans
Alabama South University and American University “Noose Incidents”
Bias Incidents against Muslim Students
Bias-Incidents against LGBT Students
Free Speech on Campus Issues
Part 4: Local Level Responses: Strategies to Combat Hate Crimes and Bias-Motivated Incidents
Insufficient Reporting Practices
Case Studies of Reporting Practices
Seattle, Washington
Investigations
Data Collection & Reporting
Community Outreach
Columbus, Ohio
Investigations
Data Collection & Reporting
Community Outreach
Boston, Massachusetts
Investigations
Data Collection & Reporting
Community Outreach
Phoenix, Arizona
Investigations
Data Collection & Reporting
Community Outreach
Charlotte, North Carolina
Data Collection & Reporting
Community Outreach
Overview
Part 5: Hate Crimes Findings and Recommendations
Findings
Overview
Hate Crime Data
Enforcement
Schools and College Campuses
Observed Best Practices
Recommendations
Improving Data
Enforcement and Prevention
Best Practices
Commissioners’ Statements and Rebuttals
Statement of Chair Catherine E. Lhamon
Statement of Commissioner Karen K. Narasaki
Statement of Commissioner Michael Yaki
Addendum to Commissioner Michael Yaki’s Statement
Introduction
Denying the Seriousness of Global White Nationalism
President Trump’s Comments of Disparagement
Mexicans and Central American Latinx People
Africans, African Americans, and others of African descent
Nations with Majority Black populations
U.S. Rep. Maxine Waters
U.S. Rep. Elijah Cummings
Omarosa Manigault Newman
LeBron James and Don Lemon
“The Squad” (U.S. Rep. Alexandria Ocasio-Cortez, U.S. Rep. Ayanna Pressley. U.S. Rep. Ilhan Omar, and U.S Rep. Rashida Tlaib)
Muslims
American Jewish Community and Loyalty
Native Americans
Dissenting Statement of Commissioner Gail Heriot
False Alarms and Broadly Worded Hate Crimes Statutes
Hoaxes
Cui Bono?
Potential for Double Jeopardy Abuse
Conclusion
Dissenting Statement of Commissioner Peter N. Kirsanow
Miscellany
Appendix A: Legislative Timeline of Shepard-Byrd Jr. Hate Crimes Prevention Act
1989
1990
1993
1997
1999
2001
2003
2005
2007
2009
Appendix B: State-by-State Hate Crime Laws
Appendix C: Cities over 100,000 reporting zero and Did Not Report (DNR) to FBI (2017)
Chapter 2
Federal Data on Hate Crimes in the United States(
Summary
Introduction
The Hate Crime Statistics Act
Federal Hate Crime Data
Hate Crime Statistics Program
National Crime Victimization Survey
Differences in the Two National Measures of Hate Crimes
Are Hate Crimes Underreported to the FBI by Law Enforcement?
Improving Hate Crime Data: Considerations for Policymakers
Chapter 3
Department of Justice’s Role in Investigating and Prosecuting Hate Crimes(
Federal Hate Crime Statutes
The Matthew Shepard and James Byrd, Jr. Hate Crime Prevention Act, 2009 (18 U.S.C. §249)
Damage to Religious Property, Church Arson Prevention Act (18 U.S.C. §247)
Violent Interference with Federally Protected Rights (18 U.S.C. §245)
Conspiracy against Rights (18 U.S.C. §241)
Criminal Interference with the Right to Fair Housing (42 U.S.C. §3631)
The Role of the Federal Bureau of Investigation
The Role of DOJ’s Civil Rights Division and the U.S. Attorney’s Offices
Index
