Abstract
Policy dilemmas such as citizen resentment, proliferation of prejudice, disproportionate prosecution of minorities, and social backlash invariably influence the enforcement and prosecution of hate crime statutes. Internal factors that influence the bias classification decision at the point of arrest include whether the police officer received training to assess bias motives and his or her personal beliefs in the efficacy of hate crime statutes. External factors also influence the bias classification decision including workload issues, the influence of the community and whether the police agency adopts a proactive hate crime enforcement policy. Issues that influence effective prosecution of hate crime statutes include whether the prosecutor can prove bias motivation beyond a reasonable doubt. This is particularly complicated in mixed bias and non-bias cases where bias is peripheral to the underlying offense.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
Pursuant to FBI UCR guidelines, it is recommended that police agencies adopt a two tiered bias investigation process with first and second level judgment officers.
- 2.
The parallel non-bias crime references the same crime absent the bias motivation. For instance, aggravated assault with and without bias motivation.
References
Adams, D. M. (2005). Punishing hate and achieving equality. Criminal Justice Ethics, 24(1), 19–30.
Criminal Justice Information Services, Division of Uniform Crime Reporting Program. (2015). Hate Crime Data Collection Guidelines and Training Manual, version 2.0.
Cronin, S. W., McDevitt, J., Farrell, A., & Nolan, J. J. (2007). Bias-crime reporting organizational responses to ambiguity, uncertainty, and infrequency in eight police departments. American Behavioral Scientist, 51(2), 213–231.
Freilich, J. D., & Chermak, S. M. (2013). Hate Crimes. Problem-oriented guides for police, Problem-Specific Guides Series, (72).
Gellman, S. (1992/1993). Hate crime laws are thought crime laws. Annual Survey American Law, 509.
Grattet, R., & Jenness, V. (2001). Examining the boundaries of hate crime law: Disabilities and the dilemma of difference. The Journal of Criminal Law and Criminology, 91, 653.
Lawrence, F. M. (1999). Punishing hate: Bias crimes under American law. Harvard University Press.
Levin, B. (1999). Hate crimes worse by definition. Journal of contemporary criminal justice, 15(1), 6-21.
Maldonado, M. (1992/1993). Practical problems with enforcing hate crime legislation in New York. Annual Survey American Law, 555.
Martin, S. E. (1996). Investigating hate crimes: Case characteristics and law enforcement responses. Justice Quarterly, 13(3), 455–480.
Mason, G. (2014). Legislating against hate. The Routledge International Handbook on Hate Crime, 59.
McDevitt, J., Levin, J., & Bennett, S. (2002). Hate crime offenders: An expanded typology. Journal of Social Issues, 58(2), 303–317.
Morsch, J. (1992). The problem of motive in hate crimes: The argument against presumptions of racial motivation. The Journal of Criminal Law and Criminology, 82(3), 659–689.
Nolan, J. J., & Akijama, Y. (1999). An analysis of factors that affect law enforcement participation in hate crime reporting. Journal of Contemporary Criminal Justice, 15(1), 111–127.
Nolan III, J. J, McDevitt, J., Cronin, S., & Farrell, A. (2004). Learning to see hate crimes: A framework for understanding and clarifying ambiguities in bias crime classification. Criminal Justice Studies, 17(1), 91–105.
State of Ohio v. Wyant 64 Ohio St. 3d 566 (1992).
Walker, S., & Katz, C. M. (1995). Less than meets the eye: Police department bias crime units. American Journal of Police, 14, 29.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
Copyright information
© 2017 The Author(s)
About this chapter
Cite this chapter
Pezzella, F.S. (2017). The Law Enforcement and Prosecution Dilemma. In: Hate Crime Statutes. SpringerBriefs in Criminology(). Springer, Cham. https://doi.org/10.1007/978-3-319-40842-2_7
Download citation
DOI: https://doi.org/10.1007/978-3-319-40842-2_7
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-40840-8
Online ISBN: 978-3-319-40842-2
eBook Packages: Law and CriminologyLaw and Criminology (R0)