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Hate Crimes in Tennessee

Goals of Today. The definition of hate/bias crime and the government's policy in addressing hate/bias crime.Describe the impact of hate crime on victims and the community.Identify ways for victim advocates to meet the needs of hate/bias crime victims.Identify ways for police and prosecutors to p

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Hate Crimes in Tennessee

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    1. Hate Crimes in Tennessee Lisa A. Beavers, PhD, LPC Shawn M. Stewart, PhD, HSP The Tennessee Equality Project Foundation Anti-Violence Project

    2. Goals of Today The definition of hate/bias crime and the government's policy in addressing hate/bias crime. Describe the impact of hate crime on victims and the community.  Identify ways for victim advocates to meet the needs of hate/bias crime victims. Identify ways for police and prosecutors to pursue offenders engaged in hate crimes. Identify the different types of hate/bias crime offenders. Identify specific needs of individual victims, and the community they represent, as well as ways that victim service providers can effectively meet such needs.

    3. Starting Out: What Is A Hate/Bias Crime? Group Activity

    4. Defining Hate/Bias Crimes Prejudice Discriminatory Behavior Hate Incidents Hate Crimes

    5. Hate/Bias Crimes A hate crime occurs when the perpetrator of the crime intentionally selects the victim because of who the victim is.  Hate crimes rend the fabric of our society and fragment communities because they target an entire community or group of people, not just the individual victim.  However, in most cases, current law prevents the federal government from assisting state and local authorities (The Human Rights Campaign).

    6. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) In 2007, 2,025 law enforcement agencies reported 7,624 hate crime incidents involving 9,006 offenses. There were 7,621 single-bias incidents that involved 8,999 offenses, 9,527 victims, and 6,962 offenders.

    7. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) An analysis of data for victims of single-bias hate crime incidents showed that: • 52.0 percent of the victims were targeted because of the offender’s bias against a race. • 17.1 percent were victimized because of a bias against a religious belief. • 15.9 percent were targeted because of a bias against a particular sexual orientation. • 14.1 percent were victimized because of a bias against an ethnicity/national origin. • 0.9 percent were targeted because of a bias against a disability.

    8. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) Racial bias Among the single-bias hate crime incidents in 2007, there were 4,956 victims of racially motivated hate crime. • 69.3 percent were victims of an offender’s anti-black bias. • 18.3 percent were victims of an anti-white bias. • 4.7 percent were victims of an anti-Asian/Pacific Islander bias. • 1.5 percent were victims of an anti-American Indian/Alaskan Native bias. • 6.1 percent were victims of a bias against a group of individuals in which more than one race was represented (anti-multiple races, group).

    9. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) Religious bias Of the 1,628 victims of an anti-religious hate crime: • 69.2 percent were victims of an offender’s anti-Jewish bias. • 8.7 percent were victims of an anti-Islamic bias. • 4.3 percent were victims of an anti-Catholic bias. • 4.1 percent were victims of an anti-Protestant bias. • 0.5 percent were victims of an anti-Atheist/Agnostic bias. • 9.1 percent were victims of a bias against other religions (anti-other religion). • 4.1 percent were victims of a bias against groups of individuals of varying religions (anti-multiple religions, group).

    10. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) Sexual-orientation bias Of the 1,512 victims targeted due to a sexual-orientation bias: • 58.9 percent were victims of an offender’s anti-male homosexual bias. • 24.8 percent were victims of an anti-homosexual bias. • 13.0 percent were victims of an anti-female homosexual bias. • 1.8 percent were victims of an anti-heterosexual bias. • 1.5 percent were victims of an anti-bisexual bias.

    11. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) Ethnicity/national origin bias Hate crimes motivated by the offender’s bias toward a particular ethnicity/national origin were directed at 1,347 victims. Of these victims: • 61.6 percent were targeted because of an anti-Hispanic bias. • 38.4 percent were victimized because of a bias against other ethnicities/national origins.

    12. National Statistics (2007, U.S. Department of Justice-Uniform Crime Report) Disability bias Of the 84 victims of a hate crime due to the offender’s bias against a disability: • 64 were targets of an anti-mental disability bias. • 20 were victims of an anti-physical disability bias.

    13. Tennessee Statistics (2007, Annual Tennessee Bureau of Investigation Hate Crimes Report) There were 445 Hate crimes in TN in 2007. Hate crimes are one of the only areas of increase in crimes in TN from 2006 -2008. Hate crimes increased 27.5% from 2006-07. 44.8% of Hate crimes in TN occurred in West TN.

    14. Tennessee Statistics (2007, Annual Tennessee Bureau of Investigation Hate Crimes Report) Victims Racial hates crimes are the most common in TN. African Americans are the most frequent victims of racial hate crimes. Males were the most frequently victimized in TN racial bias cases. 18 – 24 is the most common age of the victims. Offenders Most frequent race of the offenders was white. Most frequent gender of the offenders was male. Most frequent age of the offenders was 25 – 34.

    15. Issues with the Reported Statistics Only includes reporting agencies. Has to be included in the initial report. Lack of training and reporting documentation. Lack of computerized data. Double edged sword – increased training means increased reported crimes.

    16. Federal Policy and Hate/Bias Crimes The Local Law Enforcement Hate Crimes Prevention Act / Matthew Shepard Act S. 909, H.R. 1913 and H.R. 1913 The LLEHCPA was introduced in the 111th Congress by Representatives John Conyers (D-MI) and Mark Kirk (R-IL) in the House, and the Matthew Shepard Act was introduced by Senator Edward Kennedy (D-MA) in the Senate.  On April 29, 2009, the House of Representatives passed H.R. 1913 by a vote of 249-175.

    17. State Policy and Hate/Bias Crimes All but five states (Arkansas, Georgia, Indiana, South Carolina and Wyoming) have laws addressing hate crimes, but there is variation in the list of protected Classes HRC, 2009). 14 states have laws addressing hate/bias crimes, but do not include sexual orientation or gender identity (HRC, 2009). Alabama, Alaska, Idaho, Mississippi, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Utah (no categories listed), Virginia and West Virginia.

    18. State Policy and Hate/Bias Crimes 12 states (and D.C.) have a law that addresses hate or bias crimes which sexual orientation and gender identity. (HRC, 2009). California (1999), Colorado (2005), Connecticut (2004), District of Columbia (1989), Hawaii (2003), Maryland (2005), Minnesota (1993), Missouri (2001), New Jersey (2002/March 2008),New Mexico (2003), Oregon (2001/2008), Washington (2001/2009) and Vermont (2001).

    19. State Policy and Hate/Bias Crimes 31 states, including Tennessee, have a law that addresses hate or bias crimes based on sexual orientation but not gender identity (HRC, 2009). In addition to those previously listed, Arizona (2003), Delaware (2001), Florida (2001), Illinois (2001), Iowa (2002), Kansas (2002), Kentucky (2001), Louisiana (2002), Maine (2001), Massachusetts (2002), Michigan (2002-data collection only), Nebraska (2002), Nevada (2001), New Hampshire (2002), New York (2002), Rhode Island (2001), Tennessee (2001), Texas (2002), and Wisconsin (2002).

    20. Tennessee Public Policy and Hate/Bias Crimes SB 0253 HB 0335 * Enhancement factor - basis in gender identity or expression. Requires the court to consider whether a defendant intentionally chose a victim of crime based on gender identity or expression in determining whether to enhance a defendant's sentence. Thus, adds to present law advisory enhancement factor for sentencing a defendant who intentionally chose a victim of crime, in whole or in part, because of the victim's race, religion, color, disability, sexual orientation, national origin, ancestry or gender. (S: Marrero; H: Richardson)

    21. The Role of Law Enforcement Increased Knowledge on Diversity Issues and Hate/Bias Crimes Extremist Training Hate/Bias Crime Training Prevention and Reduction Victim Support Community Leadership and Education

    22. Hate/Bias Crime Offenders Offenders are can be placed into three different categories (Levin & McDermott, 1993): Thrill Seeking Offenders Reactive Offenders Mission Offenders

    23. Organized Hate Groups There are approximately 926 documented hate groups in the United States. (Southern Poverty Law Center, 2008). Hate group activities can include criminal acts, marches, rallies, speeches, meetings, leafleting or publishing (SLPC, 2008).

    24. Organized Hate Groups The SLPC has documented 38 active hate groups/organizations in Tennessee making it the 7th active in the United States (CA-84; TX-66; FL-56; SC-45; GA-40; NJ-40). The Southern Poverty Law Center has documented locations of these groups in Bartlett, Central, Chattanooga, Cleveland, Dandridge, Decaturville, Dunlap, Erwin, Franklin, Green Brier, Greenville, Henderson, Hickory Valley, Kingsport, Kodak, Lynchburg, Memphis (4 groups), Monterey, Mountain City, Nashville (2 groups), New Tazewell, Newport, Pulaski, Sale Creek, Telford, Tellico Plains, Watauga, Westpoint, Wildersville, Woodbury

    25. Impact of Hate/Bias Crimes on Community Disconnection within the community Disconnection with other parts of society and other groups Psychological effects on communities and society Real and perceived barriers to progress and healing

    26. Impact of Hate/Bias Crimes on Victims Physical injuries, financial loss and psychological traumas Symptoms of Posttraumatic Stress Disorder - intense feelings of vulnerability, anger, depression, physical ailments, learning problems, and difficult interpersonal relations (APA, 1998). Secondary injuries related to actual and perceived rejection of community support and intervention

    27. Victim Assistance Professionals: Counseling and Advocacy Research has found some hate crime victims have needed as much as 5 years to overcome their experience (compared to a reduction in symptoms in victims of non-bias crimes after two years) (Herek, 1997). Hate/Bias crime victims may heal more quickly when appropriate support and resources are made available soon after the incident occurs.

    28. Victim Assistance Resources and Organizations Advocates must be skilled and trained in meeting client needs Counselors must understand traumatic effects and need for “holistic” support Advocates and counselors must be aware of barriers to supporting clients Advocates and counselors must have a deep understanding of cultural issues and impact of the crime on the individual and community.

    29. Prevention: Understanding Causes Prejudice and Discriminatory Behavior The “isms” The “phobias”

    30. Prevention: The Role We Play Identifying your role Understanding Privilege Understanding all of our actions – do words really matter?

    31. Promising Practices National and state advocacy Organizational support and education Public Policy and Legislation Data Tracking Education

    32. Activity What can you do?

    33. Questions

    34. Thank you! Lisa A. Beavers, PhD, LPC drlisahccs@yahoo.com Shawn M. Stewart, PhD, HSP drstewhccs@yahoo.com The Tennessee Equality Project www.tnep.org

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