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March 23, 2015 1

New FBI Hate Crime Training Manual Published

This week the FBI pub­lished an updated hate crime train­ing man­ual. The excel­lent new guide is the sin­gle most impor­tant, most inclu­sive hate crime train­ing resource avail­able for law enforce­ment officials

DOJ sealThis ver­sion of the Bureau’s Hate Crime Data Col­lec­tion Guide­lines and Train­ing Man­ual  includes new def­i­n­i­tions, train­ing sce­nar­ios, and a spe­cial con­sid­er­a­tions sec­tion to help police offi­cials effec­tively iden­tify and report the new cat­e­gories of crime man­dated for col­lec­tion for 2015 – includ­ing hate crimes directed at Arabs, Sikhs and Hin­dus. The first edi­tion of the man­ual, pub­lished in early 2013, included guid­ance on how to define and iden­tify gen­der and gen­der iden­tity hate crimes, based on require­ments set forth in the Matthew Shep­ard and James Byrd, Jr. Hate Crimes Pre­ven­tion Act(HCPA).

The FBI has been track­ing and doc­u­ment­ing hate crimes reported from fed­eral, state, and local law enforce­ment offi­cials since 1991 under the Hate Crime Sta­tis­tics Act of 1990 (HCSA). The Bureau’s annual HCSA reports pro­vide the best sin­gle national snap­shot of bias-motivated crim­i­nal activ­ity in the United States. The Act has also proven to be a pow­er­ful mech­a­nism to con­front vio­lent big­otry, increas­ing pub­lic aware­ness of the prob­lem and spark­ing improve­ments in the local response of the crim­i­nal jus­tice sys­tem to hate vio­lence – since in order to effec­tively report hate crimes, police offi­cials must be trained to iden­tify and respond to them.

Although the newest data from the 2013 Hate Crime Sta­tis­tics Act report showed hate crimes have been declin­ing, the num­bers are still dis­turbingly high.  The addi­tion of anti-Arab, anti-Sikh, and anti-Hindu hate crimes for 2015 demon­strates the Bureau’s com­mit­ment to pre­vent­ing and coun­ter­act­ing these crimes.  After the tragic mur­der of six Sikh wor­ship­pers in Oak Creek, Wis­con­sin in 2012, col­lect­ing data on Arab, Sikh, and Hindu vic­tims of hate crimes became even more urgent. This updated FBI hate crime train­ing man­ual is a cru­cial step in the work to address these crimes.

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October 15, 2014 0

The Shepard-Byrd Hate Crimes Prevention Act: Five Years Later

The Matthew Shep­ard and James Byrd, Jr. Hate Crimes Pre­ven­tion Act (HCPA), enacted into law on Octo­ber 28, 2009, is the most impor­tant, com­pre­hen­sive, and inclu­sive fed­eral hate crime enforce­ment law passed in the past 40 years.Matthew_Shepard_and_James_Byrd,_Jr._Hate_Crimes_Prevention_Act

The HCPA encour­ages part­ner­ships between state and fed­eral law enforce­ment offi­cials to more effec­tively address hate vio­lence, and pro­vides expanded author­ity for fed­eral hate crime inves­ti­ga­tions and pros­e­cu­tions when local author­i­ties are unwill­ing or unable to act.  Impor­tantly, the HCPA adds sex­ual ori­en­ta­tion, gen­der, gen­der iden­tity and dis­abil­ity to the groups which pre­vi­ously had fed­eral pro­tec­tion against hate crimes – race, color, reli­gion and national origin.

For more than a dozen years, the Anti-Defamation League led a broad coali­tion of civil rights, reli­gious, edu­ca­tional, pro­fes­sional, law enforce­ment, and civic orga­ni­za­tions advo­cat­ing for the HCPA. The leg­is­la­tion was stalled by fierce oppo­si­tion from some con­ser­v­a­tive orga­ni­za­tions — and, for eight years, by Pres­i­dent George W. Bush — in large part because it pro­vided new author­ity for the FBI and the Jus­tice Depart­ment to inves­ti­gate and pros­e­cute cases in which mem­bers of LGBT com­mu­ni­ties were tar­geted for vio­lence.  Ener­getic sup­port by Pres­i­dent Barack Obama and Attor­ney Gen­eral Eric H. Holder, Jr.  was essen­tial to achiev­ing final pas­sage of the measure.

The HCPA has proven to be a valu­able tool for fed­eral pros­e­cu­tors.  The Depart­ment of Jus­tice has brought more than two dozen cases over the past five years – and has suc­cess­fully defended the con­sti­tu­tion­al­ity of the Act against sev­eral con­sti­tu­tional chal­lenges.

Enact­ment of the HCPA also sparked a wel­come round of police train­ing and out­reach – and the devel­op­ment of a num­ber of sig­nif­i­cant new hate crime train­ing and pre­ven­tion resources, includ­ing an updated Hate Crime Model Pol­icy pre­pared by the Inter­na­tional Asso­ci­a­tion of Chiefs of Police.

Yet, much work remains to be done.  Hate crimes remain a seri­ous national prob­lem. In 2012 (accord­ing to the most recent data avail­able) the FBI doc­u­mented more than 6,500 hate crimes – almost one every hour of every day. The most fre­quent were moti­vated by race, fol­lowed by reli­gion and sex­ual ori­en­ta­tion.  Of the crime moti­vated by reli­gion, more than 60 per­cent tar­geted Jews or Jew­ish institutions.

Unfor­tu­nately, more than 90 cities with pop­u­la­tions over 100,000 either did not par­tic­i­pate in the FBI 2012 data col­lec­tion pro­gram or affir­ma­tively reported zero (0) hate crimes. That is unac­cept­able. As FBI Direc­tor James B. Comey said in remarks to the 2014 ADL Lead­er­ship Sum­mit, “We must con­tinue to impress upon our state and local coun­ter­parts in every juris­dic­tion the need to track and report hate crime. It is not some­thing we can ignore or sweep under the rug.”

The fifth anniver­sary of the HCPA pro­vides an impor­tant teach­able moment.  It is a fit­ting occa­sion for advo­cates, the Obama Admin­is­tra­tion, and Con­gress to pro­mote aware­ness of the HCPA, to report on the progress our nation has made in pre­vent­ing hate vio­lence, and to reded­i­cate our­selves to effec­tively respond­ing to bias crimes when they occur.

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March 7, 2014 0

ADL-Led Coalition Defends The Hate Crimes Prevention Act

The Anti-Defamation League has filed an ami­cus brief in a case pend­ing before the Sixth U.S. Cir­cuit Court of Appeals on behalf of a broad coali­tion of civil rights, reli­gious, edu­ca­tional, and law enforce­ment orga­ni­za­tions in sup­port of the con­sti­tu­tion­al­ity of the Mathew Shep­ard and James Byrd Jr. Hate Crimes Pre­ven­tion Act (HCPA).  This is the first coali­tion brief defend­ing the Act, and it attracted some of the most promi­nent and impor­tant civil rights, reli­gious, law enforce­ment, LGBT, edu­ca­tional, and pro­fes­sional orga­ni­za­tions in the country. HCPA-brief

The cases involve Samuel Mul­let Sr., the self-appointed Bishop of an Old Order Amish sect in cen­tral east­ern Ohio, who ordered more than a dozen of his fol­low­ers to engage in vio­lent beard-and hair-cutting attacks against church mem­bers who had rebelled against his dom­i­neer­ing control.

The vic­tims of these religiously-motivated crimes were being pun­ished: they had not obeyed Mullet’s edicts and “strayed from the true path.”  Mar­ried men in this Amish com­mu­nity typ­i­cally grow long beards and the women grow their hair long and keep it cov­ered under a prayer bon­net.  Beards and hair are sacred sym­bols of their reli­gious identity.

The assailants invaded the vic­tims’ homes or lured them into the open before attack­ing them. They forcibly cut their hair and beards using a vari­ety of imple­ments, includ­ing horse shears and elec­tric beard trim­mers. The attack­ers took pic­tures of their assaults to com­pound and memo­ri­al­ize the vic­tims’ shame, and then buried the camera.

The attacks inspired fear through­out the Amish com­mu­ni­ties in the region. In Sep­tem­ber 2012, Mul­let and his fol­low­ers were tried and con­victed of fed­eral con­spir­acy, kid­nap­ping, and vio­lat­ing the HCPA. U.S. Dis­trict Judge Dan Aaron Pol­ster elo­quently described the defen­dants’ actions dur­ing sen­tenc­ing: “you did more than just ter­ror­ize, trau­ma­tize, dis­fig­ure your vic­tims, you tram­pled on the Con­sti­tu­tion, and par­tic­u­larly the First Amend­ment which guar­an­tees each and every Amer­i­can reli­gious freedom.”

The defen­dants, Mul­let and his fol­low­ers, are now appeal­ing the case, chal­leng­ing their con­vic­tions and sen­tences on the grounds that the HCPA is uncon­sti­tu­tional, a vio­la­tion of the First Amend­ment, and that the HCPA can­not apply to a case in which the per­pe­tra­tors and vic­tims are of the same religion.

The ADL coali­tion brief coun­ters each of these arguments.

First, the brief argues the fact that the per­pe­tra­tors iden­tify as the same reli­gion as the vic­tims does not shield them from cul­pa­bil­ity under the HCPA: “To exempt intra-faith crimes from the HCPA would ignore many acts of bias-motivated vio­lence that that dev­as­tat­ing effects on communities.”

Sec­ond, the brief clearly demon­strates that the HCPA does not infringe on the defen­dants’  reli­gious free­dom rights:  “Appel­lants are, and always have been, free to speak their minds and free to wor­ship in any way they wish.  They sim­ply are not free to tar­get vic­tims for vio­lent crimes because of religion.”

The list of orga­ni­za­tions join­ing ADL and the Lead­er­ship Con­fer­ence on Civil and Human Rights on this brief includes American-Arab Anti-Discrimination Com­mit­tee, Amer­i­can Asso­ci­a­tion of Peo­ple with Dis­abil­i­ties, Amer­i­can Asso­ci­a­tion of Uni­ver­sity Women, Amer­i­can Fed­er­a­tion of Teach­ers, Amer­i­can Jew­ish Com­mit­tee, Asian Amer­i­cans Advanc­ing Jus­tice, Bend the Arc: A Jew­ish Part­ner­ship for Jus­tice, B’nai B’rith Inter­na­tional, GLSEN, Cen­tral Con­fer­ence of Amer­i­can Rab­bis, Hindu Amer­i­can Foun­da­tion, Human Rights Cam­paign, Human Rights First, Inter­faith Alliance Foun­da­tion, Japan­ese Amer­i­can Cit­i­zens League, Jew­ish Coun­cil for Pub­lic Affairs, Jew­ish Women Inter­na­tional, Mus­lim Advo­cates, National Asso­ci­a­tion for the Advance­ment of Col­ored Peo­ple, National Cen­ter for Trans­gen­der Equal­ity, National Coun­cil of Jew­ish Women, National Dis­abil­ity Rights Net­work, National Orga­ni­za­tion of Black Law Enforce­ment Exec­u­tives, National Orga­ni­za­tion for Women Foun­da­tion, National Urban League, OCA – Asian Pacific Amer­i­can Advo­cates, Peo­ple For the Amer­i­can Way Foun­da­tion, PFLAG National, Police Exec­u­tive Research Forum, Sikh Amer­i­can Legal Defense and Edu­ca­tion Fund, Sikh Coali­tion, Soci­ety for Human­is­tic Judaism, South Asian Amer­i­cans Lead­ing Together, South­ern Poverty Law Cen­ter, Union of Reform Judaism, UNITED SIKHS, Women of Reform Judaism, and Women’s League for Con­ser­v­a­tive Judaism.

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