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Striking Back at Bigotry - Remedies Under Federal and State Law for Violence Motivated by Racial, Religious, and Ethnic Prejudice

NCJ Number
105678
Date Published
1986
Length
169 pages
Annotation
This report identifies and explains all Federal and State laws that can be applied against racially or religiously motivated violence as of December 1, 1985.
Abstract
The Federal criminal statutes reviewed encompass conspiracy to interfere with civil rights, the deprivation of civil rights under the color of law, forcible interference with civil rights, and willful interference with civil rights under the Fair Housing Act. Among the Federal civil causes of action are conspiracy to deprive persons of equal protection of the laws and interference, coercion, or intimidation in violation of the Fair Housing Act. The review of common law causes of action addresses assault and battery, intentional infliction of emotional distress, trespass, nuisance, defamation, punitive damages, and injunctive relief. Relevant State criminal statutes pertain to interference with civil rights, heightened penalties for injury to persons or property motivated by racial or religious animus, property damage to religious facilities and cemeteries, the disruption of religious ceremonies, and anti-Klan statutes. Applicable State civil and 'generic' statutes are also reviewed. A catalog of State statutes is provided. The appendix contains a review of relevant court cases for 1980-1985.