NCJ Number
153773
Journal
Trial Volume: 31 Issue: 2 Dated: (February 1995) Pages: 20-25,27-29
Date Published
1995
Length
9 pages
Annotation
Hate groups can spawn racist violence even when such groups do not directly participate the crime; attorneys for victims can fight bias-motivated violence in civil court with common law claims of aiding and abetting and civil conspiracy.
Abstract
Hate crimes have no geographic boundaries and they pose unique threats; victims are much more likely to endure severe physical and psychological harm than victims of other violent crimes. Compounding the problem, hate crimes have the potential to convulse an entire community, as illustrated by the Rodney King beating. Hate crimes are typically committed by young people who are only marginally employed and who have no resources of their own. Organized hate groups commit 15 percent of all hate crimes, and they also influence many more people to follow their violent example. If a hate crime victim wants to bring a civil action, several sources of law may afford a remedy. Federal law provides civil remedies for discriminatory interference with federally protected rights. The trend toward enacting hate crime statutes has been important in enabling communities to express their opposition to hate crimes. Further, the aiding and abetting theory assigns liability to defendants who did not carry out the attack but provided substantial assistance or encouragement to those who did. Victims can also use the civil conspiracy theory to assign liability to those responsible for bias crimes. First amendment issues related to hate crimes are discussed, and obstacles in the trial of persons accused of committing hate crimes are noted. 32 notes