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Hate Crime Legal and community Hate Crime Legal and community

Hate Crime Legal and community - PowerPoint Presentation

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Uploaded On 2019-06-29

Hate Crime Legal and community - PPT Presentation

responses Angelica DSouza LGBTQ amp Hate Crime Victim Specialist Cook County States Attorneys Office Julie Justicz Hate Crime Project Coordinator Chicago Lawyers Committee for Civil Rights ID: 760781

crime hate crimes civil hate crime civil crimes community report law crs reporting prevention victim act response case fbi

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Presentation Transcript

Slide1

Hate Crime

Legal and community

responses

Angelica D’Souza, LGBTQ & Hate Crime Victim Specialist

Cook County State’s Attorney’s OfficeJulie Justicz, Hate Crime Project CoordinatorChicago Lawyers’ Committee for Civil RightsMeg Gorecki, Regional Director of CRS Midwestern Region OfficeDepartment of Justice Community Relations Service

Slide2

What is a hate crime?

A crime that is committed because of the victim’s real or perceived: race colour creedreligion ancestry gender sexual orientationphysical or mental disabilityor national originHas two victims – the person who experienced the harm, and the community targeted by the crime

Slide3

Hate Crime Law in Illinois

A hate crime is predicated upon ANOTHER crime occurring

If predicate crime is a misdemeanor, hate crime is a separate felony charge

If predicate crime is a felony, then can be a “sentence enhancer”

First offence is a class 4 felony, second or subsequent offence is a class 2 felony. If probation is given,

statute mandates community service

Statute also creates a

private right to civil action

Two other relevant laws: 1)institutional vandalism, and 2) conspiracy against civil rights

Slide4

Actual or perceivedMixed motivesDon’t have to prove hate or prejudice; “by reason of”Words alone aren’t a hate crime (but they are often used as evidence)In practice, it is often easier to prove the underlying crime than the hate crime

Legal Issues

Slide5

Individual

Community

Greater risk of psycho-emotional distressSurvivors of violence are at risk of developing depression, anxiety, PTSD (intrusive memories, avoidance, negative changes in thinking and mood, and changes in physical and emotional reaction)Can interfere with everyday life

Intended to threated entire communityDecreased feelings of safety and securityGreater risk of psycho-emotional distress for members of communityWitnessing/experiencing discrimination can lead to lower self esteem, depression, anxietyWitnessing violence can also lead to PTSD

Hate Crimes & Trauma

Slide6

National Reports of Hate Crimes

In

1990 Congress passed Hate Crime Statistics Act, requiring Attorney General to collect information about hate crime

FBI collects and publishes

data

through its Uniform Crime Reporting Program

About 18,000 law enforcement agencies nationwide submit statistics to the FBI (2015)

Slide7

FBI Crime Statistics for 2015

Slide8

Underreporting of Hate Crimes

 

FBI - Total Incidents

BJS Hate Crime Victimizations

2011

6,222

217,640

2010

6,628

273,100

2009

6,604

284,620

2008

7,783

266,640

2007

7,624

263,440

Slide9

Hate Crimes are Underreported

Widely accepted that many more hate crimes occur than are reported

WHY?

Slide10

Hate Crimes are Underreported

Denial and lack of knowledge by law enforcement authorities

Lack of incentive to collect data and report

Unfunded mandate/no penalties for not doing it

Lack of training of local law enforcement

Political pressures not to report

Trends in under-reporting mean that we do not know the true picture of hate crime.

Slide11

Hate Crimes are Underreported

Education

– what a hate crime is, how to report it, what happens once it is reported

Trust/Safety

– all risk, no gain?

Access

Articulation

– limited English-language speaking abilities, other language barriers, or disabilities that make it hard to make a

veral

report

Historical trauma/structural oppression

Cultural barriers

– how people interact with power structures, agencies and institutions

Slide12

Criminal

Civil

Criminal case: State v. alleged PerpetratorCriminal case is brought by government/prosecutor against a suspect and seeks a fine, a jail sentence, probation, etc. Ex.: U.S. Attorney charges John with selling drugs. John could get sentenced to jail.

Civil case is Victim v. PerpetratorCivil case is brought by people seeking money owed or damages. Example: John slipped on Dan’s porch and broke his leg. John sues Dan for costs of medical care.Standard of proof lower in civil cases; preponderance of the evidence, not beyond a reasonable doubt

Criminal or Civil?

Slide13

Process of Reporting a HC

Hate Crime happens

Hate Crime is reported to police

Civil Rights Unit and/or Area Detectives conduct an investigation

SAO Felony Review approves charges

Slide14

Process of Reporting a HC Pt. 2

Case indicted and arraigned

ASA and Victim Specialist assigned. Pre-trail phase

Trail/plea agreement and sentencing

Slide15

Victim advocacy in civil lawsuits

The Illinois Hate Crime Act allows any person who suffers injury as a result of a hate crime to bring a civil suit against the perpetrators.

Goals of the Hate Crime Project

to provide needed free legal representation to victims of hate crimes and to obtain what compensation we can for survivors.

to enforce the hate crime law in civil ct. - can sometimes be a more severe punishment than criminal one; and

to send a message of deterrence.

Slide16

Victim advocacy in civil lawsuits II

Compensatory damages

Punitive damages

Injunctive

relief

Slide17

What if a hate crime/bias-motivated crime is committed by a law enforcement officer?

Slide18

You can still report it!

The FBI civil rights division investigates “colour of law” violations (312-421-6700)When a person uses power given to them by a governmental agency to willfully deprive or conspire to deprive another person of any right protected by the Constitution or laws of the US. Include acts within and beyond the limits of lawful authority. Off-duty conduct may also be covered if official status is asserted.

Take down badge/star number and name

Report it to a supervisor

Report it to community liaisons at CPD (

ie

. LGBT or Muslim liaison)

Report it organizations that provide advocacy/support for folks who have experienced police violence (

i.e

The Peoples Response Team, or civil rights law firms)

Slide19

Education Campaigns –Prevention/awareness raising for entire community coupled with targeted educational campaigns specific to groups to identify examples of hate crimes experienced by that groupAccess– Multiple means of reporting result in the greatest uptick of reports; online/mobile reporting with option for anonymity; Hotline; community-based reportingTrust – training for police, prosecutors, judges, service providers; strengthen and fund victim services; strengthen community policing/prosecution effortsSafety – community-based response (restorative justice, third party community tension interventions)Data – support and fund research on bias violence and prevention methods; uniform data collection

Best Practices to Increase Reporting

Slide20

C

ivil Rights Act

of 1964,

Title XMatthew Shepard andJames Byrd, Jr. Hate Crimes Prevention Act of 2009

DOJ Community Relations Service

Slide21

CRS Services

Slide22

Conciliation Specialists

Do not carry guns or badgesDo not investigate or litigateAre impartial and are not an advocate for any sideFacilitate communication between community leaders, city/county officials and others to identify issues and promote problem solving

CRS Services (continued)

Slide23

CRS Services (continued)

Slide24

CRS Regional and Field Offices

Slide25

Federal Hate Crimes Prevention Act

With

the passage of the

Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act

(HCPA

) in 2009

CRS is authorized:

to work with communities to employ strategies to

prevent and respond

to alleged violent hate crimes committed on the basis of actual or perceived race, color, national origin, gender, gender identity, sexual orientation, religion or disability

Slide26

Response Activities Related to Hate Crimes

Investigation, Prosecution, Conviction, Acquittal, Sentencing (Civic Engagement)

Civil Litigation

Public

Education/Forum/Summit

Public

Support/Technical Assistance/Resolutions/Proclamations

Training – LE, Education, Commerce

Key Leadership Dialogues/Stakeholder Meetings

Slide27

Best Practices in Response and Prevention of Hate Crimes

Are there considerations, which affect a decision to prosecute locally, at the state level or at the federal level?

Is there a local hate crime response network?

What are the ways hate crime response can be

strengthened

in the local community

? Capacity – Rural vs. Urban, Past relationships?

Slide28

Questions?

Meg GoreckiUSDOJ/CRS230 South Dearborn Street, Suite 2130Chicago, IL 60603312-353-4391www.justice.gov/crs

Angie D’SouzaCook County State’s Attorney’s Office773-674-3075www.cookcountystatesattorney.org

Julie JusticzChicago Lawyers’ Committee for Civil Rights312-202-3663www.clccrul.org