Bias Motivation In Hate Crimes
Hate crime, also known as bias crime, is a criminal act committed against a person, property, or society which is motivated by the perpetrator 's bias against a race, religion, disability, sexual orientation or ethnicity/national origin.
Congress enacted the Hate Crime Statistics Act of 1990 on April 23 of that same year in response to growing national concern over crimes motivated by bias. The Act requires the Attorney General to "collect data about crimes that show evidence of prejudice based on race, religion, sexual orientation or ethnicity."
Graph Bias-motivated Offenses/Percent Distribution 2002
http://www.jewishvirtuallibrary.org
Bias motivation in hate crimes are most likely to be based off race, ethnicity, sexual orientation and …show more content…
religion. Ways to determine or detect if a crime is bias motivated is dependent upon "language or symbols used (racist tattoos, slurs, hate group symbols), severity and nature of attack, previous record of offender of similar incidents, absence of other motives, (money, relationship, etc) and perpetrators membership in a certain hate group." (UCSB, Hate Crime brochure)
In Barbara Perry 's book, "In the Name of Hate" she quotes Benjamin Bowling commenting that an important consideration in defining hate crime is to look at hate crime as a process, rather than an event.
(Perry, 2001) Bowling wishes to define the term "hate crime" in a way to give it "life" and meaning so many elements will be taken into account when attempting to describe hate crime.
The Anti-Defamation League addresses these topics in their hate training seminars:
* Understanding the importance of hate crimes …show more content…
training
* Organized hate groups - signs and symbols
* Perpetrator profiles
* Elements of a hate crime
* Criteria for determining a hate crime
* The impact of hate crimes on the community
* Initial response procedures
* Addressing the special needs of hate crime victims
* Interviewing procedures
* Reporting procedures
* Community relations resources
* Investigative strategies
* Common investigative and procedural mistakes
* Scenarios and role-playing
http://www.adl.org/learn/learn_main_training/Hate_Crimes_Training.asp?LEARN_Cat=Training&LEARN_SubCat=Hate_Crimes_Training
Since 1990, the FBI has been the primary source for national figures and statistics on hate crime offenses. Investigation and control of hate crimes start with the community affected and the officers sworn to protect that community. Even though there are laws in place that help deter hate crimes and protect victims, there are still questionable gaps in the law to be filled. I understand that no law can effectively prevent bigotry; however, hate crime violence can be fought by imposing stricter penalties upon those that commit these crimes. Expanding prosecutors ' jurisdiction in appropriate cases and collecting more accurate data about hate motivated violence. "The 20th century saw major progress in outlawing discrimination, and most Americans today support integrated schools and neighborhoods, but stereotypes and unequal treatments persist, an atmosphere often exploited by hate groups." (www.tolerance.org)
Hate crime is normally prosecuted when a crime such as battery, assault, aggravated assault, criminal damage to property, criminal trespass to vehicle or property, looting, disorderly conduct or harassment by telephone occurs and a specific hate motive is established.
An important part of being able to investigate and prosecute hate crime is the need for it to be reported. As the text states, "Unwillingness to "come out" and be identified as Lesbian, Gay, Bisexual or Transgender (LGBT) by reporting a hate crime occurred is a valid reason for the underreporting of statistics." (Shusta, 2005) I feel there is a need for training in communities as well as law enforcement. Programs used to educate the police, schools, and citizens of the community about hate crimes helps create a safe environment. These type programs raise awareness of hate crimes and help in creating communities respectful of tolerance and diversity.
To control hate crime, the Community Relations Service was established by the U.S. Department of Justice. "CRS is a specialized federal conciliation service available to state and local officials to help resolve and prevent racial and ethnic conflict, violence and civil disorder." (Shusta, 2005) and (http://www.usdoj.gov/crs/pubs/htecrm.htm)
According to the text and the department of justice website, CRS is the only federal agency dedicated to preventing and resolving racial and ethnic tension, incidents and civil disorders. CRS gathers data in seven areas:
1. Demographic Balance
2. Administration of Justice
3. Employment
4. Education
5. Housing
6. Health and Welfare
7. Community Relationships
In order for police officers to develop greater cultural sensitivity, agencies must require mandatory diversity training in all areas. Law enforcement officers should show respect for culture and their language. It is important to take time and listen, actively. Take the time to make sure you understand and that you are understood. Ask questions and/or explain the situation clearly. Most everyone is proud of their heritage and find stereotypes extremely offensive, so officers should keep that in mind when having conversations with citizens as well as other officers.
In relation to hate crimes, cultural sensitivity trainings are a major component of hate crime prevention because they directly address the root of hate through education. Trainings and workshops for law enforcement officers is essential for improving relations with minorities. The way we look at other people and the perceptions we have of other cultures can really affect their lives. "Everyone has biases and prejudices, especially when it comes to cultures so different from our own." (DuPraw/Axner, 2005)
The recruiting and hiring of ethnic officers with a goal of having them serve and protect ethnic and minority communities is a major item of culturally sensitive policing. However, 'same background ' does not necessarily mean that officers would always show greater sensitivity. In cases like these, I feel it would be important for agencies to make sure these officers do not adopt a "heavy-handed" approach to people they consider to be bringing a negative view upon their communities.
"In addition to the need to ensure officer-to-officer sensitivity, to accurately represent its constituents, law enforcement officials need understanding, respect, and a willingness to communicate with all segments of the population." (adl.org)
Besides education and training, being respectful and courteous goes a long way towards building a culturally diverse relationship. In order to develop greater cultural sensitivity, officers must develop cultural competence. "Cultural competence is defined as a set of congruent behaviors, attitudes and policies that come together in a system, agency or among professionals and enables that system, agency or Professionals to work effectively in cross-cultural situations." (Cross et al., 1989; Isaacs & Benjamin, 1991).
The media plays an important role, both negatively and positively, in regards to perception of police by the public. It seems in the last few years, police misconduct has increased, but I feel much of this is related to increased media coverage. I believe much needs to be done to improve police-community relations and to reduce police misconduct incidents, including brutality and racial profiling.
There is no question that police misconduct occurs, there is no evidence, however, that points to widespread misconduct. I believe that officers who repeatedly commit human rights violations are a small minority that infects the entire police force.
I feel the most effective way to change the public image and attitude towards the police is to hold officers accountable for misconduct and improper actions. The community must be able to see that officers are not "above the law" when it comes to undesirable behavior and to make the disciplinary action available to citizens so that can see what is being done about it.
Thorough background checks during the recruiting process would be an excellent start to maintaining control and stressing accountability to other officers. Accountability also includes adequate supervision, in depth investigative procedures, enforcing rules, and breaking the code of silence.
"Officers with long records of abuse, policies that are overly vague, training that is substandard, and screening that is inadequate all create opportunities for abuse. Perhaps most important, and consistently lacking, is a system of oversight in which supervisors hold their charges accountable for mistreatment and are themselves reviewed and evaluated, in part, by how they deal with subordinate officers who commit human rights violations." (Human Rights Watch www.hrw.org) Police must be subjected to intense scrutiny because they are allowed, as a last resort, to use potentially lethal force to subdue individuals they apprehend. (principal 4)
Ultimately, policing and responsibility for the police is a local and state issue and not a federal issue. To maintain a positive public perception, citizens must have confidence in the ability of the police to police themselves.
According to the Human Rights Watch website, they recognize that police officers, like other people, will make mistakes when they are under pressure to make split-second decisions regarding the use of force. Even the best recruiting, training, and command oversight will not result in flawless behavior on the part of all officers.
References:
Hate Crime Statistics. Accessed: April 24, 2005
http://www.jewishvirtuallibrary.org/jsource/anti-semitism/hate02.html
Hate Crimes and Incidents at UCSB. University of California at Santa Barbara brochure. http://www.sa.ucsb.edu/osl/CampusRegulations/hatebroch.pdf
Perry, Barbara. In the Name of Hate. New York: Routledge, 2001
10 ways to fight hate. Accessed April 30, 2005
http://www.tolerance.org/10_ways/index.html
Shusta, Robert M., Deena R. Levine, Herbert Z. Wong, and Philip R. Harris. Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society. Upper Saddle River: Prentice Hall, 2005
United States Department of Justice.
Accessed April 24, 2005. http://www.usdoj.gov/crs/pubs/htecrm.htm
DuPraw, Marcelle E. and and Marya Axner. Working on Common
Cross-cultural Communication Challenges Accessed: May 1, 2005
http://www.wwcd.org/action/ampu/crosscult.html
Anti-Bias Training. Anti-Defamation League. www.adl.org
Accessed May 1, 2005.
http://www.adl.org/learn/learn_main_training/anti_bias_training.asp?LEARN_Cat=Training&LEARN_SubCat=Anti_Bias_Training
Cross T., Bazron, B., Dennis, K., & Isaacs, M. Towards a culturally competent system of care, volume I. Washington, D.C.: Georgetown University Child Development Center, CASSP Technical Assistance Center. 1989
Isaacs, M. and Benjamin, M. Towards a culturally competent system of care, volume II, programs which utilize culturally competent principles. Washington, D.C.: Georgetown University Child Development Center, CASSP Technical Assistance Center. 1991
General Provision Number 4. United Nations High Commissioner for Human Rights. Accessed: May 1, 2005
http://www.unhchr.ch/html/menu3/b/h_comp43.htm
Shielding from Justice. Human Rights Watch. Accessed: May 2, 2005
http://www.hrw.org/reports98/police/uspo14.htm
Congress enacted the Hate Crime Statistics Act of 1990 on April 23 of that same year in response to growing national concern over crimes motivated by bias. The Act requires the Attorney General to "collect data about crimes that show evidence of prejudice based on race, religion, sexual orientation or ethnicity."
Graph Bias-motivated Offenses/Percent Distribution 2002
http://www.jewishvirtuallibrary.org
Bias motivation in hate crimes are most likely to be based off race, ethnicity, sexual orientation and …show more content…
religion. Ways to determine or detect if a crime is bias motivated is dependent upon "language or symbols used (racist tattoos, slurs, hate group symbols), severity and nature of attack, previous record of offender of similar incidents, absence of other motives, (money, relationship, etc) and perpetrators membership in a certain hate group." (UCSB, Hate Crime brochure)
In Barbara Perry 's book, "In the Name of Hate" she quotes Benjamin Bowling commenting that an important consideration in defining hate crime is to look at hate crime as a process, rather than an event.
(Perry, 2001) Bowling wishes to define the term "hate crime" in a way to give it "life" and meaning so many elements will be taken into account when attempting to describe hate crime.
The Anti-Defamation League addresses these topics in their hate training seminars:
* Understanding the importance of hate crimes …show more content…
training
* Organized hate groups - signs and symbols
* Perpetrator profiles
* Elements of a hate crime
* Criteria for determining a hate crime
* The impact of hate crimes on the community
* Initial response procedures
* Addressing the special needs of hate crime victims
* Interviewing procedures
* Reporting procedures
* Community relations resources
* Investigative strategies
* Common investigative and procedural mistakes
* Scenarios and role-playing
http://www.adl.org/learn/learn_main_training/Hate_Crimes_Training.asp?LEARN_Cat=Training&LEARN_SubCat=Hate_Crimes_Training
Since 1990, the FBI has been the primary source for national figures and statistics on hate crime offenses. Investigation and control of hate crimes start with the community affected and the officers sworn to protect that community. Even though there are laws in place that help deter hate crimes and protect victims, there are still questionable gaps in the law to be filled. I understand that no law can effectively prevent bigotry; however, hate crime violence can be fought by imposing stricter penalties upon those that commit these crimes. Expanding prosecutors ' jurisdiction in appropriate cases and collecting more accurate data about hate motivated violence. "The 20th century saw major progress in outlawing discrimination, and most Americans today support integrated schools and neighborhoods, but stereotypes and unequal treatments persist, an atmosphere often exploited by hate groups." (www.tolerance.org)
Hate crime is normally prosecuted when a crime such as battery, assault, aggravated assault, criminal damage to property, criminal trespass to vehicle or property, looting, disorderly conduct or harassment by telephone occurs and a specific hate motive is established.
An important part of being able to investigate and prosecute hate crime is the need for it to be reported. As the text states, "Unwillingness to "come out" and be identified as Lesbian, Gay, Bisexual or Transgender (LGBT) by reporting a hate crime occurred is a valid reason for the underreporting of statistics." (Shusta, 2005) I feel there is a need for training in communities as well as law enforcement. Programs used to educate the police, schools, and citizens of the community about hate crimes helps create a safe environment. These type programs raise awareness of hate crimes and help in creating communities respectful of tolerance and diversity.
To control hate crime, the Community Relations Service was established by the U.S. Department of Justice. "CRS is a specialized federal conciliation service available to state and local officials to help resolve and prevent racial and ethnic conflict, violence and civil disorder." (Shusta, 2005) and (http://www.usdoj.gov/crs/pubs/htecrm.htm)
According to the text and the department of justice website, CRS is the only federal agency dedicated to preventing and resolving racial and ethnic tension, incidents and civil disorders. CRS gathers data in seven areas:
1. Demographic Balance
2. Administration of Justice
3. Employment
4. Education
5. Housing
6. Health and Welfare
7. Community Relationships
In order for police officers to develop greater cultural sensitivity, agencies must require mandatory diversity training in all areas. Law enforcement officers should show respect for culture and their language. It is important to take time and listen, actively. Take the time to make sure you understand and that you are understood. Ask questions and/or explain the situation clearly. Most everyone is proud of their heritage and find stereotypes extremely offensive, so officers should keep that in mind when having conversations with citizens as well as other officers.
In relation to hate crimes, cultural sensitivity trainings are a major component of hate crime prevention because they directly address the root of hate through education. Trainings and workshops for law enforcement officers is essential for improving relations with minorities. The way we look at other people and the perceptions we have of other cultures can really affect their lives. "Everyone has biases and prejudices, especially when it comes to cultures so different from our own." (DuPraw/Axner, 2005)
The recruiting and hiring of ethnic officers with a goal of having them serve and protect ethnic and minority communities is a major item of culturally sensitive policing. However, 'same background ' does not necessarily mean that officers would always show greater sensitivity. In cases like these, I feel it would be important for agencies to make sure these officers do not adopt a "heavy-handed" approach to people they consider to be bringing a negative view upon their communities.
"In addition to the need to ensure officer-to-officer sensitivity, to accurately represent its constituents, law enforcement officials need understanding, respect, and a willingness to communicate with all segments of the population." (adl.org)
Besides education and training, being respectful and courteous goes a long way towards building a culturally diverse relationship. In order to develop greater cultural sensitivity, officers must develop cultural competence. "Cultural competence is defined as a set of congruent behaviors, attitudes and policies that come together in a system, agency or among professionals and enables that system, agency or Professionals to work effectively in cross-cultural situations." (Cross et al., 1989; Isaacs & Benjamin, 1991).
The media plays an important role, both negatively and positively, in regards to perception of police by the public. It seems in the last few years, police misconduct has increased, but I feel much of this is related to increased media coverage. I believe much needs to be done to improve police-community relations and to reduce police misconduct incidents, including brutality and racial profiling.
There is no question that police misconduct occurs, there is no evidence, however, that points to widespread misconduct. I believe that officers who repeatedly commit human rights violations are a small minority that infects the entire police force.
I feel the most effective way to change the public image and attitude towards the police is to hold officers accountable for misconduct and improper actions. The community must be able to see that officers are not "above the law" when it comes to undesirable behavior and to make the disciplinary action available to citizens so that can see what is being done about it.
Thorough background checks during the recruiting process would be an excellent start to maintaining control and stressing accountability to other officers. Accountability also includes adequate supervision, in depth investigative procedures, enforcing rules, and breaking the code of silence.
"Officers with long records of abuse, policies that are overly vague, training that is substandard, and screening that is inadequate all create opportunities for abuse. Perhaps most important, and consistently lacking, is a system of oversight in which supervisors hold their charges accountable for mistreatment and are themselves reviewed and evaluated, in part, by how they deal with subordinate officers who commit human rights violations." (Human Rights Watch www.hrw.org) Police must be subjected to intense scrutiny because they are allowed, as a last resort, to use potentially lethal force to subdue individuals they apprehend. (principal 4)
Ultimately, policing and responsibility for the police is a local and state issue and not a federal issue. To maintain a positive public perception, citizens must have confidence in the ability of the police to police themselves.
According to the Human Rights Watch website, they recognize that police officers, like other people, will make mistakes when they are under pressure to make split-second decisions regarding the use of force. Even the best recruiting, training, and command oversight will not result in flawless behavior on the part of all officers.
References:
Hate Crime Statistics. Accessed: April 24, 2005
http://www.jewishvirtuallibrary.org/jsource/anti-semitism/hate02.html
Hate Crimes and Incidents at UCSB. University of California at Santa Barbara brochure. http://www.sa.ucsb.edu/osl/CampusRegulations/hatebroch.pdf
Perry, Barbara. In the Name of Hate. New York: Routledge, 2001
10 ways to fight hate. Accessed April 30, 2005
http://www.tolerance.org/10_ways/index.html
Shusta, Robert M., Deena R. Levine, Herbert Z. Wong, and Philip R. Harris. Multicultural Law Enforcement: Strategies for Peacekeeping in a Diverse Society. Upper Saddle River: Prentice Hall, 2005
United States Department of Justice.
Accessed April 24, 2005. http://www.usdoj.gov/crs/pubs/htecrm.htm
DuPraw, Marcelle E. and and Marya Axner. Working on Common
Cross-cultural Communication Challenges Accessed: May 1, 2005
http://www.wwcd.org/action/ampu/crosscult.html
Anti-Bias Training. Anti-Defamation League. www.adl.org
Accessed May 1, 2005.
http://www.adl.org/learn/learn_main_training/anti_bias_training.asp?LEARN_Cat=Training&LEARN_SubCat=Anti_Bias_Training
Cross T., Bazron, B., Dennis, K., & Isaacs, M. Towards a culturally competent system of care, volume I. Washington, D.C.: Georgetown University Child Development Center, CASSP Technical Assistance Center. 1989
Isaacs, M. and Benjamin, M. Towards a culturally competent system of care, volume II, programs which utilize culturally competent principles. Washington, D.C.: Georgetown University Child Development Center, CASSP Technical Assistance Center. 1991
General Provision Number 4. United Nations High Commissioner for Human Rights. Accessed: May 1, 2005
http://www.unhchr.ch/html/menu3/b/h_comp43.htm
Shielding from Justice. Human Rights Watch. Accessed: May 2, 2005
http://www.hrw.org/reports98/police/uspo14.htm