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When Is a Crime a Hate Crime?

NCJ Number
172556
Journal
Law Enforcement Quarterly Volume: 26 Issue: 3 Dated: (Fall 1997) Pages: 9-13
Author(s)
T Santana
Date Published
1997
Length
5 pages
Annotation
When investigating hate crimes, police officers need to determine the motive or intent of the perpetrator because not all crimes committed against minorities, members of religious groups, or homosexuals are hate crimes.
Abstract
Generally, the strongest evidence of motive can be found in statements made by the suspect before, during, or after the crime. These statements may indicate that the victim's perceived status is a substantial motive for the crime. Just because the suspect makes derogatory comments during an incident, however, does not mean a hate crime has been committed. When investigating hate crimes, police officers should determine whether the victim and the suspect know each other and should realize that gathering evidence of a hate crime motive can be difficult. The proper investigation of hate crimes includes obtaining evidence to overcome common defenses and obstacles to successful prosecution. Because identifying the suspect in hate crimes is a major problem, some police agencies use gang investigation techniques to track and document White Pride, Aryan, Skinheads, and similar groups. Police officers should obtain sufficient corroborating evidence, attempt to interview the suspect and any witnesses, note the presence of tattoos on the suspect, take photographs if possible, search the suspect's belongings, realize witnesses may be afraid to testify against defendants who belong to gangs, safeguard the confidentiality of the investigation, and provide community follow-up. 3 figures and 2 photographs

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