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HATE CRIME A Prosecutor

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HATE CRIME A Prosecutor s Guide Presented by: Governor s Commission on Discrimination & Hate Crimes Illinois Attorney General Jim Ryan Peoria County State s ... – PowerPoint PPT presentation

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Title: HATE CRIME A Prosecutor


1
HATE CRIME A Prosecutors Guide
  • Presented by
  • Governors Commission on Discrimination Hate
    Crimes
  • Illinois Attorney General Jim Ryan
  • Peoria County States Attorney Kevin W. Lyons
  • Cook County States Attorney Richard A. Devine

2
Cook County States Attorney Office Procedure
  • All cases are vertically prosecuted in Community
    Prosecutions Division
  • Notification to Supervisor and/or Deputy
    Supervisor of the Community Prosecution Division
  • In each suburban district a designated Assistant
    States Attorney is responsible for notifying
    Supervisor and/or Deputy Supervisor of Community
    Prosecutions Division

3
Approval and Tracking of Hate Crime Cases
  • Felony Review
  • Felonies
  • Rejected felonies-misdemeanors
  • Re-Review of rejected Cases
  • Preliminary Hearings/Grand Jury
  • Disposition
  • Record Keeping

4
Victims Rights and Civil Remedies
  • Designated Victim Witness Specialist
  • Notification to Victim of Their rights to pursue
    civil remedies- referrals
  • Illinois Crime Victims Compensation Act

5
Special Services
  • Meaningful Community Service placement for hate
    crime offenders to include sensitivity training
  • Increase in partnerships with victim service
    providers
  • Police Training

6
The Illinois Hate Crime Statute (720 ILCS
5/12-7.1)
  • Enumerated misdemeanors become chargeable as
    Class 4 felonies
  • First offense-Class 4 subsequent offenses are
    Class 2 felonies
  • When committed by reason of the actual or
    perceived race, religion, national origin, sexual
    orientation physical or mental disability or
    gender
  • When probation is imposed, mandatory community
    service minimum 200 hours

7
Aggravated Factors/Extended Term Sentences
  • If an offender is convicted of a felony or
    felonies other than hate crime, the States
    Attorneys Office can argue for a longer sentence
    because the crimes were motivated by the same
    factors, plus age.
  • The bias can only be used once,either by charging
    hate crime or in aggravation at sentencing,
    because of double enhancement.

8
Enumerated Misdemeanors
  • Assault
  • Battery
  • Theft
  • Criminal damage to property
  • Criminal trespass to vehicle
  • Telephone Harassment
  • Disorderly Conduct
  • Mob Action

9
First Amendments Challenges
  • R.A.V. v. City of St. Paul
  • Wisconsin v. Mitchell

10
Legal Issues
  • Actual or perceived
  • Mixed motives
  • Association
  • Accountability
  • Dont have to prove actual hate or prejudice by
    reason of
  • Defendant can be convicted of crime against group
    that he/she belongs to (in re B.C.)

11
Pretrial Procedures in Hate-Motivated Cases
  • Work closely with police investigators and offer
    guidance to help build the case
  • Charge must be worded to indicate relationship
    between the hate crime and the predicate offense
  • Ensure he safety of victims and witnesses

12
REVIEWING AND FILING CHARGES
13
Investigation
  • Checklist of questions to ask.
  • Did the offender(s) use words, symbols or acts
    that are may be offensive to an identifiable
    groups?
  • 2. Are the victim and offender members of
    different racial or ethnic groups? If so, has
    there been past hostility or tension between
    these two groups? Has the victims group been
    subject to prior similar criminal acts or
    harassment?
  • 3. Is the victim the sole member of his or her
    group, or one of a small number of members living
    or present in the neighborhood where the crime
    occurred?

14
  • 4. Has the victim recently moved to the area in
    which the incident took place?
  • 5. Does the incident appear timed to coincide
    with any holiday or observance of significance to
    a certain group or community, such as a religious
    holiday or ethnic celebration?
  • 6. Has the victim or the victims group been
    involved in recent public or political activity
    that makes the group a likely victim of
    hate-motivated violence?

15
  • 7. Does the offender appear to belong to or does
    the manner of the commission of the crime appear
    to involve an organized hate group such as the Ku
    Klux Klan or a Neo-Nazi organization? When the
    offender is wearing clothing that indicates
    membership in such a group, the arresting agency
    should seize the clothing as evidence. If the
    offender has tattoos indicating such an
    affiliation, photos of the tattoos should be
    taken at the time of charging.
  • 8. Does the defendant, in a post-arrest interview
    or in statements made before of or during the
    commission of the crime, recognize the victim to
    be a member of a potential target group?

16
  • 9. Has there been recent news coverage or media
    exposure of similar events?
  • 10. Does the defendant have a prior history
    involving hate-motivated conduct?
  • 11. Is the attack particularly vicious?

17
Victims have anxiety about filing a complaint
alleging bias on the part of their attacker
because
  • not aware that the bias-motivation will affect
    the charges
  • fear retaliation
  • fear of discovery

18
Defining Offender Motivation, Not Victim Status
  • Motivation is an element of a hate crime which
    must be proved beyond a reasonable doubt
  • Proof may be direct or circumstantial

19
  • Statutory requirement that the predicate offense
    be committed by reason of the ....will be
    satisfied where the crime is so motivated in
    whole or in part
  • Statute criminalizes the selection of victims
    based on specified criteria and covers both the
    actual or perceived status of the victim

20
Hate Crime charge in the indictment or
information should describe the elements of the
predicate offense as well as the hate motivation
21
  • The defendant committed the offense of _____ by
    reason of the victims actual or perceived
    _______ status
  • Hate crime can be committed against persons
    because of their actual or perceived affiliation
    with persons in the classes protected by the
    statute

22
Reluctant Victims and Witnesses
  • Fear retaliation for bringing charges
  • Humiliating publicity
  • Indifference or
  • Punishment from law enforcement officials
  • Reluctance to prosecute can be overcome
  • Community groups as a resource

23
Filing Multiple Charges
  • Additional counts and charges should be added
    with a more serious felony, prosecutor should
    approve both charges

24
PRETRIAL RELEASE
25
Bond Hearings
  • Hate motivation for the defendants conduct must
    be brought to the attention of the judge
  • Impose special conditions of bond
  • Give to the victim

26
Bail Requests
  • Factors in seeking a substantial bond
  •  
  • The highly motivated offender is likely to repeat
    the conduct

27
  • The hate-motivated crime is in every sense a
    crime against the well-being of the entire
    community and warrants detention of any violent
    offender
  • 725 ILCS 5/110-5(a) specifically states that
    whether the offense was based on racial,
    religious, sexual orientation or ethnic hatred
    is a matter that the court is to consider in
    determining bail or conditions of release

28
TRIAL ATTORNEYS
29
Contact and Support of the Victim and Witnesses
  • involve the victim
  • Victim-witness specialists

30
Assuring the Safety of Victims and Witnesses
  • Conditions of Bond and Orders of Protection
  • Police Protection and Relocation of Victims

31
Knowledge of the Hate Crime Statute
  • Limited experience prosecutors and judges

32
COURTROOM STRATEGIES
33
Pretrial Motions and Preparation
  • Motions (essentially the same as those in any
    felony case) there are three notable exceptions
  • Suppress testimony or evidence regarding
    motivation along First Amendment lines
  • Suppress the same by arguing a lack of
    sufficiency for the searches that uncovered such
    evidence
  • Venue

34
Prosecution is for violations of the criminal
code with a prohibited motive
35
Preparations of Witnesses
  • Standard trial preparation techniques used for
    any important felony case will apply with certain
    caveats
  • Police witnesses
  • Victim comes from an unpopular group

36
Standard of Proof in Hate Crime Cases
  • Each element of a hate crime must be proved
    beyond a reasonable doubt. A prosecutor need not
    establish that the defendants bias was the sole
    motivation for the offenses.

37
Mixed Motive Cases
  • Causation but for, a hate crime can be charged
    even if the underlying offense resulted from a
    mixture of discriminatory and nondiscriminatory
    motives.
  • Premeditation is not a requirement under the hate
    crime statute.

38
Other Crimes Used as Evidence
  • Evidence of a prior act or offense is
    admissible if it is relevant to show motive,
    knowledge, intent, identity, absence of mistake
    or accident, common scheme, plan or design or
    modus operandi.

39
Accountability
  • Active participation in an offense is not a
    prerequisite to establishing accountability
  • Words of agreement are not essential to establish
    a common purpose to commit a crime
  • Evidence regarding the events surrounding and
    following the commission of the crime is
    competent to show participation in the crime
    itself

40
  • Defendant voluntarily and knowingly attached
    himself to a group bent on illegal acts supports
    the inference that he shared the common purpose
    and will sustain a conviction based on
    accountability principles
  • Irrelevant that the defendant may not have
    intended to commit the particular crime with
    which he was charged

41
JURY TRIALS
42
Jury Selection
  • In camera individual voir dire may be advisable.
  • Ask Are you prejudiced against ______ people?
    When the defendants section in a case is
    directed against a group of people who are either
    generally or temporarily unpopular.

43
Trial Issues
  • Both hate crime and other felonies have been
    charges, go to trial on all charges or dismiss
    the hate crime or other charges

44
COMMUNITY RELATIONS
45
Community Representatives can be helpful by
providing the following services
  • Locating witnesses and encouraging them to come
    forward.
  • Locating victims.
  • Emotional support to victims.
  • Acting as informal interpreters during pretrial
    interviews and determining the effectiveness of
    the court-appointed interpreters.

46
  • Acting as expert witnesses at the sentencing
    hearing.
  • Identifying significant dates relevant to
    premeditation of the perpetrator.
  •   
  • Informing prosecutors of other relevant
    information.
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