This mesaure expanded federal hate crime law to include crimes motivated by a victim's actual or perceived gender, sexual orientation, gender identity, or disability. Hate speech is a controversial term for speech intended to degrade, intimidate, or incite violence or prejudicial action against a group of people based on their race, ethnicity, national origin, religion, sexual orientation, or disability; hate speech includes written as well as oral communication. A "hate-motivated act" is any incident in which an action taken by a person or group is perceived to be malicious or discriminatory toward another person or group based on bias or prejudice relating to such characteristics as race, color, religion, national origin, ancestry, age, mental or physical disability, sexual orientation, gender, or gender identity or any situation in which inter-group tensions exist based on such group characteristics.
Hate-motivated acts may be violations of criminal law, such as "hate crimes," or violations of civil law, such as unlawful discrimination in employment, housing, education or public accommodations. Adapted from stopbias. The first thing to do is help them with any negative emotions they may be experiencing. For example try to delicately, reinforce that the incident was not their fault, by listening to them without judgment, and by expressing your support.
Encourage the person to report the incident or seek medical attention or counseling if they need it. It can be very helpful to the person if you offer to go with them and help them along the way. It required the FBI to add gender and gender identity as categories of hate crimes it tracks.
It gave the federal government greater flexibility to prosecute hate crimes that local authorities choose not to pursue. And it required the FBI to collect data concerning hate crimes committed by or targeting juveniles. The FBI began collecting this data in The vast majority of hate crimes today are investigated and prosecuted by state and local law enforcement officials.
Yet, as mentioned, four states do not have hate crime laws. In addition, only 30 states and D. The Shepard-Byrd Act serves as an essential backstop when state or local law enforcement officials either cannot or will not investigate and prosecute a hate crime.
After Jeanne Clery was raped and murdered in her dorm room in , The Clery Act of was created to increase awareness of crime on college campuses.
The Act requires all colleges that receive federal funding to share information about campus crime — including hate crime — with their students and employees. These institutions must report how they address safety on campus, inform the public about campus crime and reduce crime rates. Colleges must also report the ways in which they are working to remedy situations with victims and include prevention education in their policies.
A amendment to the Clery Act requires postsecondary institutions to report hate crime incidents. The U. Department of Education publishes the number of hate crimes reported by these institutions annually. There are many reasons why hate crime data reporting is incomplete. Many agencies lack the training to identify, report and respond to hate crimes. Only 14 states have laws requiring that officers be trained to identify and investigate hate crimes.
Numerous police departments have misconceptions about handling hate crimes. According to a national survey by ProPublica , many agencies believe it is up to prosecutors to deem an incident a hate crime. And, though the FBI itself has begun reporting hate crimes, many federal law enforcement agencies — and the military service branches — do not. The law includes the provisions of the Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of NO HATE Act , which authorizes incentive grants to spark improved local and state hate crime training and data collection initiatives, as well as state-based hotlines to connect victims with support services.
The Justice Department has taken important first steps to implement this new law. Attorney General Merrick B. And these numbers do not account for the many hate crimes that go unreported. At my direction, the department has rededicated itself to combatting unlawful acts of hate, including by improving incident reporting, increasing law enforcement training and coordination at all levels of government, prioritizing community outreach and making better use of civil enforcement mechanisms.
All of these steps share common objectives: deterring hate crimes and bias-related incidents, addressing them when they occur, supporting those victimized by them and reducing the pernicious effects these incidents have on our society. Importantly, significant organizations in the law enforcement community have elevated their voices in support of more comprehensive hate crime data collection. The issues with underreporting are not the only ones creating obstacles to addressing hate crimes in the United States.
The difficulty with prosecution is also an issue. According to the Bureau of Justice Statistics , violent hate crimes are three times less likely to result in an arrest than violent crimes not related to bias. Hate crimes are difficult to prosecute in part because of the evidence needed to result in a conviction. Prosecutors must prove the underlying crime beyond reasonable doubt and convince jurors that the offender was motivated by bias. When states do not have the necessary resources or authority to prosecute a hate crime, the process is even more arduous.
The Shepard-Byrd Act allows the federal government to prosecute hate crimes whenever local or state prosecutors choose not to. However, before the DOJ may prosecute a hate crime, several criteria must be met. Hence, federal hate crime prosecutions are rare. This is important because it makes sure the police record it as a hate incident or crime.
Although, the police can only charge and prosecute someone when the law has been broken, there are other things the police can do to help you deal with the incident. If you've experienced hate crime, it may have been just one isolated incident. But sometimes, you may be repeatedly harassed by the same person or group of people.
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