Hate Crimes
Hate crimes are the highest
priority of the FBI’s Civil Rights program, not only because of the devastating
impact they have on families and communities, but also because groups that
preach hatred and intolerance can plant the seed of terrorism here in our
country. The Bureau investigates hundreds of these cases every year and works
to detect and deter further incidents through law enforcement training, public
outreach, and partnerships with a myriad of community groups.
Traditionally, FBI investigations
of hate crimes were limited to crimes in which the perpetrators acted based on
a bias against the victim’s race, color, religion, or national origin. In
addition, investigations were restricted to those wherein the victim was
engaged in a federally protected activity. With the passage of the Matthew
Shepard and James Byrd, Jr., Hate Crimes Prevention Act of 2009, the Bureau
became authorized to investigate these crimes without this prohibition. This
landmark legislation also expanded the role of the FBI to allow for the
investigation of hate crimes committed against those based on biases of actual
or perceived sexual orientation, gender identity, disability, or gender.
Defining a Hate Crime
A hate crime is a traditional
offense like murder, arson, or vandalism with an added element of bias. For the
purposes of collecting statistics, the FBI has defined a hate crime as a
“criminal offense against a person or property motivated in whole or in part by
an offender’s bias against a race, religion, disability, sexual orientation,
ethnicity, gender, or gender identity.” Hate itself is not a crime—and the FBI
is mindful of protecting freedom of speech and other civil liberties.
These efforts serve as a backstop
for investigations by state and local authorities, which handle the vast
majority of hate crime cases throughout the country.
The FBI’s Role
As part of its responsibility to
uphold the civil rights of the American people, the FBI takes a number of steps
to combat the problem of hate crimes. The following efforts serve as a
backstop to investigations conducted by state and local law enforcement
agencies, which handle the vast majority of bias crime investigations
throughout the country.
Investigative Activities:
The FBI is the lead investigative agency for criminal violations of federal
civil rights statutes. The Bureau works closely with its local, state, tribal,
and federal law enforcement partners around the country in many of these cases.
Law Enforcement Support:
The FBI works closely with state/local/tribal authorities on investigations,
even when federal charges are not brought. FBI resources, forensic expertise,
and experience in identification and proof of hate-based motivations often
provide an invaluable complement to local law enforcement. Many cases are also
prosecuted under state statutes such as murder, arson, or more recent local
ethnic intimidation laws. Once the state prosecution begins, the Department of
Justice monitors the proceedings in order to ensure that the federal interest is
vindicated and the law is applied equally among the 95 U.S. Judicial Districts.
Prosecutive Decision: The
FBI forwards results of completed investigations to local U.S. Attorneys
Offices and the Civil Rights Division at the Department of Justice, which decide
whether a federal prosecution is warranted. Prosecution of these crimes may
move forward, for example, if local authorities are unwilling or unable to
prosecute a crime of bias.
Hate Crimes Working Groups
(HCWGs): The majority of the FBI’s field offices participate in local
Hate Crime Working Groups. These Working Groups combine community and law
enforcement resources to develop strategies to address local hate crime
problems.
Public Outreach: The FBI
has forged partnerships nationally and locally with many civil rights
organizations to establish rapport, share information, address concerns, and
cooperate in solving problems. These groups include such organizations as the
American-Arab Anti-Discrimination Committee, American Association of University
Women, Anti-Defamation League, Asian American Justice Center, Hindu American
Foundation, Human Rights Campaign, The Leadership Conference on Civil and Human
Rights, National Association for the Advancement of Colored People, National
Center for Transgender Equality, National Council of Jewish Women, National
Disability Rights Network, National Gay and Lesbian Task Force, National
Organization for Women, Sikh American Legal Defense and Education Fund, The
Sikh Coalition, Southern Poverty Law Center, and many others.
Training: The FBI conducts
hundreds of operational seminars, workshops, and training sessions annually for
local law enforcement, minority and religious organizations, and community
groups to promote cooperation and reduce civil rights abuses. Each year, the
FBI also provides hate crimes training for new agents, hundreds of current
agents, and thousands of police officers worldwide.
Source: https://www.fbi.gov/investigate/civil-rights/hate-crimes
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