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
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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
Slide2What 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
Slide3Hate 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
Slide4Actual 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
Slide5Individual
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
Slide6National 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)
Slide7FBI Crime Statistics for 2015
Slide8Underreporting 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
Slide9Hate Crimes are Underreported
Widely accepted that many more hate crimes occur than are reported
WHY?
Slide10Hate 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.
Slide11Hate 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
Slide12Criminal
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?
Slide13Process 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
Slide14Process of Reporting a HC Pt. 2
Case indicted and arraigned
ASA and Victim Specialist assigned. Pre-trail phase
Trail/plea agreement and sentencing
Slide15Victim 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.
Slide16Victim advocacy in civil lawsuits II
Compensatory damages
Punitive damages
Injunctive
relief
Slide17What if a hate crime/bias-motivated crime is committed by a law enforcement officer?
Slide18You 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)
Slide19Education 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
Slide20C
ivil Rights Act
of 1964,
Title XMatthew Shepard andJames Byrd, Jr. Hate Crimes Prevention Act of 2009
DOJ Community Relations Service
Slide21CRS Services
Slide22Conciliation 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)
Slide23CRS Services (continued)
Slide24CRS Regional and Field Offices
Slide25Federal 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
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
Slide27Best 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?
Slide28Questions?
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