UNDERSTANDING CULTURAL DIFERENCES

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Officer Richard Neil (retired)
Community Diversity Part 8
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• HATE CRIMES

• TO DISLIKE PASSIONATELY OR INTENSELY
• TO HAVE AN EXTREME AVERSION TOWARD ANOTHER
  PERSON, IDEA, OR OBJECT

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Problems caused by hate crimes

• Hate crimes demand a special response from law
  enforcement and civic leaders
• These crimes merit a priority response because of
  their special impact on the victim and the
  victims community
• Hate crimes may effectively intimidate other
  members of the victims community, leaving them
  feeling isolated, vulnerable and unprotected by
  the law
• Traditionally, victims have not received special
  attention or assistance

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Problems caused by hate crimes

• Acts are too frequently dismissed as pranks or
  ordinary cases of
• Vandalism
• Criminal damaging
• Assault
• Harassment
• Menacing

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Effective responses by police to crimes motivated
by hate are essential to prevent their spread
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HATE CRIMES PLACE BASIC FREEDOMS OF AMERICAN
SOCIETY IN JEOPARDY

• Right to individual liberty
• Right to equality of opportunity
• Right to religious expression
• Right to freedom of association

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In Ohio, a perpetrator commits a hate crime if he
or she intentionally selects the victim by
reason of the victims race, religion, color or
national origin. Hatred is not an element of the
crime.
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ANY UNLAWFUL ACT DESIGNED TO FRIGHTEN OR HARM
AN INDIVIDUAL BECAUSE OF HIS OR HER RACE,
RELIGION OR NATIONAL ORIGIN
SPO14 HATE CRIME
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ETHNIC INTIMIDATION LAW IN OHIO ORC 2927.12
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• No person shall, by reason of the race, color,
  religion or national origin of another person or
  group of persons, violate the following sections
  of the Revised Code
• 2903.21 Aggravated menacing
• 2903.22 Menacing
• 2906.06 Criminal Damaging or Endangering
• 2909.07 Criminal Mischief
• Division (A) (3) (4) or (5) of 2917.21
  Telecommunications Harassment

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• Division (A) (3) 2917.21 Prohibits any person
  from committing Aggravated Menacing during a
  telecommunication
• Division (A) (4) 2917.21 Prohibits any person
  from knowingly stating to the recipient of a
  telecommunications that the caller intends
• To cause damage to, or
• Destroy public or private property, or
• The recipient, any member of the recipients
  family or

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• Any other person who resides at the premises to
  which the telecommunications is made, owns,
  leases, resides or works in will
• At the time of the destruction or damaging, be
  near or in, has the responsibility of protecting
  or insures the property that will be destroyed or
  damaged

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• Division (A)(5) 2917.21 Prohibits person from
  knowingly making a telecommunication to
• The recipient of the telecommunication
• To another person at the premises to which the
  telecommunication is made or
• To those premises
• The recipient or
• Another person at those premises previously has
  told the caller not to make a telecommunication
  to those premises or
• To any other person at those premises

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Whoever violates section 2927.12, Ethnic
Intimidation, is guilty of ethnic intimidation,
which is an offense of the next higher degree
than the offense the commission of which is a
necessary element of Ethnic Intimidation
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• No person shall, by reason of the race, color,
  religion or national origin of another person or
  group of persons, violate the following sections
  of the Revised Code
• 2903.21 Aggravated menacing
• 2903.22 Menacing
• 2906.06 Criminal Damaging or Endangering
• 2909.07 Criminal Mischief
• Division (A) (3) (4) or (5) of 2917.21
  Telecommunications Harassment

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FEDERAL RELIGIOUS VANDALISM ACT

• Makes it a Federal crime to intentionally damage
  or destroy any religious real property because of
  the religious character of the property where the
  loss exceeds 10,000
• The law also punishes anyone who intentionally
  obstructs by force or threat of force any person
  in the engagement of that persons free exercise
  of religious beliefs

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SPO15 EFFECTS OF HATE CRIMES

• Special emotional and psychological impact on the
  victim and his/her community
• Can increase racial, religious, gender and sexual
  orientation tensions
• Can lead to reprisals by others in the community
  thereby escalating violence and turmoil

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SPO15 EFFECTS OF HATE CRIMES

• If officers fail to make an effective response or
  respond in ways that demonstrate a lack of
  concern, perpetrators may interpret the
  inactivity as official sympathy or even sanction

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SPO15 EFFECTS OF HATE CRIMES

• The impact of being a crime victim is traumatic
• The impact of being a victim to a hate crime is
  compounded by the idea of being targeted for
  race, religion, gender or sexual orientation

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The importance of effective law enforcement
response to hate crimes

• Reduces fear and anger facilitates recovery of
  victims, witnesses and the community
• Convinces victims and the community that law
  enforcement takes their concerns seriously
• Tells actual and potential offenders that such
  crimes will not be tolerated
• Mitigates the potential for copy cat behavior

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The importance of effective law enforcement
response to hate crimes

• Reduces the potential for retaliation
• Generates trust and goodwill between the
  community and the police department
• Increases the police departments credibility
• Increases law enforcement officer pride and
  satisfaction in his/her job

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SPO16 TECHNIQUES AN OFFICER CAN USE TO HELP
DETERMINE IF THE PERPETRATOR INTENTIONALLY
SELECTED THE VICTIM BECAUSE OF A PROTECTED
CHARACTERISTIC

• The presence of visible symbols of hatred and
  bias
• The victims report as to
  what the perpetrator said and
  did
• Absence of any other motive

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NATURE OF THE PERPETRATOR

• The majority of hate crime perpetrators are young
  people
• A compilation of arrest records from the entire
  U.S. document that most hate crimes are committed
  by persons under 21 years of age
• More likely to be committed by groups than
  individuals

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NATURE OF THE PERPETRATOR

• The rise in hate crimes parallels the rise in the
  number of young people joining hate organizations
  
• 1988 - 1500 members of the Skinheads in 12 states
• 1993 - 3500 members of the Skinheads in 40 states

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2008 FBI Statistics-Hate Crimes

• Intimidation accounted for 48.8
• Simple assaults 32.1
• Aggravated assaults 18.5 percent.
• Seven murders were reported as hate crimes
• 3,608 crimes against property
• 17.7 percent consisted mainly of robbery,
  burglary, theft, and arson

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NATURE OF THE PERPETRATOR

• In 2000, nearly
• 65 of hate crime offenders were White
• 19 were Black
• 5 were multiracial
• 14 were of Asian-Pacific Island origin
• 1 was Native American and
• 10 of the offenders were unknown.

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2008 FBI Statistics-Hate Crimes

• 61.1 were white
• 20.2 were black
• 11 were of an unknown race
• 31.9 percent of hate crimes took place in or near
  homes
• 17.4 percent took place on highways, roads,
  alleys, or streets
• 11.7 percent in schools and colleges
• 6.1 percent in parking lots and garages

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2008 FBI Statistics-Hate Crimes

• 11.7 percent in schools and colleges
• 6.1 percent in parking lots and garages
• 4.2 percent in churches, synagogues, or temples
• There were 105 anti-Islamic incidents reported in
  2008
• One-tenth the amount of anti-Semitic incidents,
  which totaled 1,103

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Ten questions an investigating officer might ask
to confirm that the victim was intentionally
selected because of his/her race, religion, color
or national origin
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10 QUESTIONS

• Is the victim different from the suspected
  perpetrators with regard to
• Race
• Religion
• National Origin
• Color
• Did the incident occur because of this difference?

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10 QUESTIONS

• Did the victim recently move into the area and is
  his or her family the only one or one of just a
  few families of their racial, ethnic or religious
  groups in the neighborhood?
• What is the victims relationship with his or her
  neighbors and/or local community groups?

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10 QUESTIONS

• Has the victim experienced past or repeated
  incidents of a similar nature?
• Was the victim put into a state of fear by the
  incident and did the perpetrator commit the crime
  with the goal of creating such fear?

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10 QUESTIONS

• Is there a connection between the date of the
  incident and the holidays, special programs or
  events?
• Is an organized hate group indicated in the
  incident?
• Is hate literature involved?
• Is there suspected hate activity in the area?

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10 QUESTIONS

• Does the MO signify a copycat syndrome that
  might be the result of media coverage of other
  similar incidents?
• Were there any recent occurrences in the
  community or incidents reported in the media in
  which a member of the group to which the victim
  belongs, making this a payback or revenge
  incident harmed member of the offending group?

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OTHER INDICATORS

• Bias related comments, written statements or
  gestures made by the offenders
• Bias related drawings, markings, symbols or
  graffiti left at the scene of the incident
• Objects or items that represent the work of
  organized hate groups

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VICTIMS OF HATE CRIMES EXPRESS FIVE NEEDS

• To feel safe
• To feel that people care
• To receive assistance
• Redemption
• Retaliation

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VICTIMS OF HATE CRIMES EXPERIENCE DEEP EMOTIONAL
STRESS THAT IS HEIGHTENED BY FEELINGS OF

• Fear
• Terror
• Personal violation
• Degradation

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Refer victim to individuals or organizations that
can provide support and assistance, such as
victim assistance agencies

• Court-affiliated  
• Community-based
• Social service organizations
• Clergy in the victims religious denomination or
  religious preference
• Legal services

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SPO17 ACTIONS AN OFFICER SHOULD TAKE DURING THE
GOLDEN HOUR

• They must rescue any victims and/or administer
  appropriate emergency care
• They must prevent any further contamination if
  chemical weapons are involved
• They must prevent further casualties

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SPO17 ACTIONS AN OFFICER SHOULD TAKE DURING THE
GOLDEN HOUR

• They must protect the scene from the standpoint
  of evidence
• They must endeavor to identify victims,
  witnesses, evidence and suspects while the crime
  scene is still fresh

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Officer Richard Neil (retired)
www.OfficerNeil.com