NCJ Number
172573
Journal
Law Enforcement Quarterly (May-July 1997) Volume: Issue: Dated: Pages: 9-12
Date Published
1997
Length
4 pages
Annotation
After reviewing California law pertinent to hate crimes, this first of a two-part article advises police on procedures for investigating possible hate crimes.
Abstract
Generally, civil rights crime, commonly termed "hate crime," is "any unlawful action against the person or property of another, committed because of the victim's actual or perceived race, color, religion, ancestry, national origin, disability, gender or sexual orientation." The details of such crimes are specified in a number of California statutes that not only pertain to bias-related violence but also to bias-related vandalism and threats. When dealing with a possible hate crime, investigators must make a two-step analysis. First, the investigator must determine whether a crime was committed. In many cases this involves distinguishing between an "incident," in which a person engages in hateful speech protected by the First Amendment, and a crime that consists of a bias-motivated threat. If the investigator concludes that a crime was committed, then the next question is whether it was bias-motivated. Even though the investigator may determine that no crime was committed, any bias-motivated incidents should be documented by investigators, since such information may be relevant to any future actions by the involved person that may constitute hate crimes. Civil remedies for injurious, bias-motivated behavior are also briefly described. Hypothetical scenarios distinguish between constitutionally protected hateful free speech and spoken or written threats that constitute hate crimes under California law.