The Enforcement Function

1. The Enforcement Function Hate Crimes © 2005 Hi Tech Criminal Justice, Raymond E. Foster

2. Hate Crime Defined • The FBI defines a Hate Crime as a crime against a person or property motivated by bias toward race, religion, ethnicity/national origin, disability, or sexual orientation

3. Federal Statues • Title 18, United States Code (U.S.C.), Section 241 (Conspiracy Against Rights) • Title 18, U.S.C., Section 245 (Interference with Federally Protected Activities) • Title 18, U.S.C., Section 247 (Damage to Religious Property; Obstruction in Free Exercise of Religious Beliefs) • Title 42, U.S.C., Section 3631 (Criminal Interference with Right to Fair Housing)

4. Conspiracy Against Rights • This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

5. Conspiracy Against Rights • Acts Under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties.

6. Conspiracy Against Rights • This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

7. Conspiracy Against Rights • Most of the FBI's color of law investigations would fall into five broad areas: • excessive force; • sexual assaults; • false arrest/fabrication of evidence; • deprivation of property; and • failure to keep from harm

8. Interference with Federally Protected Activities • This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their participation in a federally protected activity.

9. Federally Protected Activities • A voter, or person qualifying to vote • Participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States • Applicant for federal employment or an employee by the federal government

10. Federally Protected Activities • Juror or prospective juror in federal court • Participant in any program or activity receiving Federal financial assistance. • student or applicant for admission to any public school or public College • Participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government

11. Federally Protected Activities • Participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government • Applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall

12. Federally Protected Activities • Traveler or user of any facility of interstate commerce or common carrier • Patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters, or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises. • Juror or prospective juror in state court

13. Church Arson Prevention Act of 1996 • Prohibits (1) intentional defacement, damage, or destruction of any religious real property, because of the religious, racial, or ethnic characteristics of that property, or (2) intentional obstruction by force or threat of force, or attempts to obstruct any person in the enjoyment of that person's free exercise of religious beliefs. If the intent of the crime is motivated for reasons of religious animosity, it must be proven that the religious real property has a sufficient connection with interstate or foreign commerce. However, if the intent of the crime is racially motivated, there is no requirement to satisfy the interstate or foreign commerce clause.

14. Freedom of Access to Clinic Entrances • prohibits the use of force or threat of force or physical obstruction, to intentionally injure, intimidate or interfere with or attempt to injure, intimidate or interfere with any person or any class of persons from obtaining or providing reproductive health services; • the use of force or threat of force or physical obstruction to intentionally injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship • intentionally damages or destroys the property of a facility, or attempts to do so, because such facility provides reproductive health services or intentionally damages or destroys the property of a place of religious worship.

15. Hate Crime Climate • poor or uncertain economic conditions • racial stereotypes in films and on television • hate-filled discourse on talk shows or in political advertisements • the use of racial code language such as "welfare mothers" and "inner city thugs," • Individual's personal experiences with members of particular minority groups.

16. Hate Crime Victims • African Americans, who constitute the single largest minority group in the Nation, are more likely to be targets of hate crimes than members of any other group. Of the nearly 8,000 hate crimes reported in 1995, almost 3,000 of them were motivated by bias against African Americans. Other typical victims are Jews, homosexuals, Muslims, and, increasingly, Asian Americans

17. Hate Crime Perpetrators • Not by members of an organized hate group but by individual citizens. • Scapegoating - resent the growing economic power of a particular racial or ethnic group and react to a perceived threat to the safety and property value of their neighborhood. • Thrillseekers - those who randomly target interchangeable representatives of minority groups for harassment and violence, • Mission offenders -those who believe they are on a mission to rid the world of some perceived evil.

18. Hate Crime Trends • Difficult to forecast trends • Many jurisdictions do not count • Some do not have specific laws • Lack training to identify • Victims fail to report

19. Victims Fail to Report • Homosexual victims may decide not to report hate crimes to police because of fears of reprisals or a belief that they will be forced "out of the closet." • Some victims have little confidence that authorities will bring the perpetrators to justice. • Immigrant hate crime victims may not be proficient in English or may be undocumented aliens who fear that any contact with police will increase their risk of deportation. • Other immigrants come from cultures that mistrust law enforcement agencies, or they believe that victims of bias-motivated crime are somehow stigmatized. • Some victims refuse to report such crimes because they want to avoid the humiliation of recounting the event

20. Source: Southern Poverty Law Center

21. Hate Groups - California Source: Southern Poverty Law Center

23. Potential Hate Groups • The following is a list of websites and other electronic mediums which advocate violence, separatism and hostility towards groups and individuals based on race, religion, ethnic background, gender or sexual orientation.

24. Potential Hate Groups • Adams Bible • Adelaide Institute • Aggressive Christianity • American Defense League • American National Action Party • American Nazi Party • American Resistance • Race Traitor

25. Potential Hate Groups • American Resistance Corps • American White Knights • American White Patriot • American’s Invisible Empire • America’s Promise Ministries • Angry Arian Website

26. Potential Hate Groups • Aryan Nations • Aryan Nation’s Church of Jesus Christ • Aryan Nation’s Texas • IaHUShUA Ha-MaShIaCh • Chinese swastika method • Be Wise as Serpents • Blood and Honor UK Note: This is only a small sampling of groups with the word “Aryan” or phrase “KKK”

27. Potential Hate Groups • Blood and Honor USA • Brotherhood of the Klans • Call to Freedom • Campaign for Radical Truth in History • Children of Yahweh • Christian Defense League • Christian Holocaust

28. Potential Hate Groups • Christian Separatist Church Society • Christian White Knights • Aryan Nations Church of Jesus Christ Christian • Church of the National Knights of the KKK • Church of the First Born • Church of the Sons of YHVH

29. Potential Hate Groups • Church of True Israel • Adolph Hitler and Me • The International Conspiratological Association • The Couch Potato Show • Council on Domestic Relations • The Creativity Movement • Creators Rights Party

30. Potential Hate Groups • Crosstar • Crusader Kids • David Duke Online • www.anti-gay.com • Diehard Records • Dixie Dolls • Dragonland’s Aryan Restoration Troops

31. Potential Hate Groups • East Coast Aryan Nation • The Enslavement of Mankind • Ethnic Survival Kit • Ethnic Cleansing • White Civil Rights • Exterminance • Storm Front • Racist Games

32. Potential Hate Groups • Faction 88 • Father’s Manifesto • Third World Planet • Final Conflict • Final Conflict International Fanzine • Final Solution 88 • Final Stand Records • Final Amendment Exercise Machine

33. Potential Hate Groups • Focal Point Publications • Forward Area • Free Knights of New York • Free Knights – Realm of North Carolina • Free Knights Realm of Georgia • Free Your Mind • Resistenci Aria • Gerald Smith

34. Potential Hate Groups • German Cross • God Hates Fags • Goyfire • Hail Victory • The Hal Turner Show • The Heritage Front • Hindu Unity • Holocaust History News

35. Potential Hate Groups • Holy War • New Nation News • The Racial Compact • Racial Nationalist Library • Radio Islam • Remove Jews.com • The Revisionist Clarion • Society for Cutting Up Men

36. Bibliography • www.fbi.gov • Holden, D., Lawrence, P. Moran, L., Kapler, M. & Ferrante, J. (1999) A Policymaker's Guide to Hate Crimes. National Institute for Justice • Southern Poverty Law Center • Hate Crimes Research Network • Franklin, R. (2005), The hate directory, Woodstock, MD