Abstract
Hate crime investigations have been at the core of most police department due to the rising rates of globalization, mixing of cultures and dominance among groups in communities. This paper analyses the challenges affecting hate crime investigations. It also provides an analysis of effective hate crime investigations that are expected by law enforcement department and stakeholders.
Hate Crime Investigations
Police and investigative officers play a crucial role in reporting and managing hate crimes investigations in common and diverse societies. Their expectations are well defined and outlined in the work guides, which govern their relationship with the victims and perpetrators. For effective hate crime investigations, police officers are expected to provide the victims with contact to the stakeholders to whom they can put forward their issues and seek clarification regarding their welfare. The manual specifies the type of instructions they can provide to the victims and the agencies that can provide them based on the respective department that handle hate crimes. Additionally, the police officers are expected to provide constant updates to the victims on the progress of the investigations, including new insights acquired during the investigation. Constant updates offer hope and show the law enforcement agencies’ commitment to seeking justice for the crimes committed by the perpetrators. It is also the role of the investigative officers to create a good rapport and victim relationship with the victims to ensure that they are free and open to talk about the case and seek solutions to their problems. Creating solid relationships is instrumental for encouraging reporting of future events and portrays the police agencies as responsible for maintaining law and order in the community.
Discussion
The Federal government defines a hate crime as an action where a perpetrator chooses a victim or property due to the actual or apparent race, color, nationality, ethnicity, religion, sexual orientation, incapacity, or gender of any person (Bhat et al., 2020). The influence of hate crimes is enormous, demanding attention and priority of the special units that specialize in unveiling their causes and putting individuals found guilty behind bars. In 2020, there were over 8000 cases of hate crimes reported by law enforcement agencies, making it one of the top priority areas for the security agencies to focus and invest their time in. Since the enactment of the Hate Crime Statistics Act by congress in 1990, data on hate crime has been improving, providing a foundation for making the necessary budget allocations at the state and federal levels. However, more crimes are committed in societies than they are captured and recorded by the system (Myers & Lantz, 2020). While the procedure of conducting hate crime investigations are well enshrined in the American Judicial system and security agencies, the investigations are shaped and affected by various factors that revolve around the victims, the investigations, and the justice system in ensuring that the justice prevails.
One of the main factors that negatively affect hate crime investigations is bias by both the victims and investigative officers. Every criminal statute that investigates hate crimes is triggeed by the aspect of bias motivation. The difference between reporting hate crimes and the investigation’s success is the degree of bias placed on the investigations (Sanders et al., 2022). One of the indicators of bias indicators in hate crimes is whether the culprit and the claimer are people from diverse ethnic and racial groups. Racial groups are often not enough to support the conclusion that a given occurrence is a hate crime. Under proper circumstances supported by other indicators, an presence of any apparent motive for a crime places weight on the investigations. Another bias indicator is the historical animosity between two groups, as exhibited by the investigative officers during the reporting and while undertaking the investigations. Bias is also indicated in the comments, statements, and gestures made by the investigative officers and agencies during the reporting and investigations (Taylor, 2019). The negative gestures, comments, and feedback dictate the victims’ willingness to open up and provide information that would be instrumental in closing the investigations.
Specific drawings, graffiti, and symbols associated with crimes are also considered by the Hate crimes investigative agencies as bias indicators. The specific drawing and symbols portray a given type of expression, which directs indicators of a discriminatory intention on a precise perpetrator, especially when they are available in the commission of the hate investigative crime (Iwama, 2018). For instance, few people would confuse the existence of a burned cross in a flower garden as evidence of bias indicated as number one and a burned cross in a yard of an African-American family as evidence of bias indicated as two. The two indicators provide reasonable and prudent information to investigative officers to conclude that the offenders were motivated partially or wholly by bias as far as discrimination against the blacks are concerned. The investigative agencies can use other objectives that are universally less related with a hate crime to recognize the biased motive in a particular crime. However, investigative agencies often caution against concluding biased motives too simply or quickly for fear of dismissal by the court system (Tessler et al., 2020). Studies recommend case-by-case analysis whereby the confession statement from the perpetrator made earlier, throughout, and afterward are often the most unmistakable indicators of the presence and impact of bias motive that lead to committing a crime.
The unmistakable vulnerability of the victims in terms of the victim inferiority and status and the status of complainant who hail from a given demographic section of the populations also contribute to the type of success of the hate crime investigations. Most hate crime victims are people of diverse groups that are often already handling themselves from the existing extent of discrimination and seclusion to which the various acts of hate crimes are conducted (Jendryke & McClure, 2019). According to statistics from the F.B.I., hate investigative crimes are frequently motivated by racial characteristics, sexual orientation and religion. Most cases recorded are for race and religion, followed by those of sexual orientation. According to Pezzella et al., (2019), in some scenarios, the target groups are often at the center of all types of social controversies and conflicts, sometimes with the religious and political implications left to the investigators to determine and ascertain. The target victims in such a category often have difficulty in finding and reporting their cases to law enforcement agencies. They have less trust, possess minimal expectations, and are less motivated to seek justice through the system.
Lack of trust in law enforcement hinders hate crime investigations, especially the investigative department (Mills, 2021). Numerous hate crimes are often rarely reported to the police enforcement agencies despite their impact on societies and victims. A study conducted by the BJS indicated that approximately two-thirds of the crimes associated with hate were unreported to police departments due to a lack of trust in the systems and stakeholders by the victims. In the United States, the crimes are unreported and under-documented by the associated law enforcement agencies since the victims believe that the law enforcement agencies would be unwilling and unable to address their problem. Many, therefore, prefer to have such issues solved internally between families, friends, and on some other scenarios that fail to be addressed. Additionally, the few cases that are reported fail to yield the required substantive evidence as provided by the victims to stand prosecutions. Therefore, a failed trust system often wholly limits the ability of the police department and other agencies’ agents to undertake investigations for the presentation to courts for justice of the victims (Dancygier et al., 2022). It, therefore, demands law enforcement, prosecutors, and victim advocates to reach out to hate crime victims. Their weakness is often related to the shock and trauma they experience that is beyond any type of harm that the agencies report.
Another factor affecting the investigations of hate crimes is the failure of investigative agencies to place an extra degree of effort in investigating the level of cruelty and violence in some crimes compared to others (Jendryke & McClure, 2019). There are often differences in efforts placed in investigations between hate crimes and other crimes such as economic crimes. Even though bias-motivated hate crimes lack extreme violence for causing fear within the victims or vulnerable groups, research indicates that hate crimes motivated by bias are more disastrous than attacks that emerge from other motives. According to the BJS report of 2013, while the fierce non-hate crime victimization reduced in 2007 to 2011, the actual percentages of violent victimization increased (Bell, 2019). It, therefore, implies that there is a need for particular vulnerability of the hate crimes by the law enforcement to encourage and facilitate reporting and investigation of the numerous hate crimes that occur across the country. According to the standards and guidelines that guide law enforcement agencies, law enforcers are expected to protect all community members regardless of their characteristics and appearances. The overall function of the agencies is to pursue a positive working relationship leading to law and order in society.
The lack of effective communication compounds the lack of trust in the existing law enforcement and investigative agencies; the existing collaborative relationships with communities are negatively affected and impacted by the hate (Tessler et al., 2020). The ease and convenience of community members communicating with nearby communities determine how effective hate crimes are identified and managed by respective agencies. Some of the barriers to effective communication in the communities comprise the lack of a common language between the community member and officers, differences in cultural understanding, and the inability to send reliable intermediaries to facilitate the required discussion. Additionally, inability of existing agencies to understand the governing rules, resources, and systems needed by the communities also affects the communities. Furthermore, when police departments and other stakeholders desire to connect with the various society members, they are likely to not understand the types of groups or individuals to be included in the outreach. Finding the actual victims and groups of victims in an entire society governed by culture and robust belief systems is complicated (Bhat et al., 2020). The results may be the loss of the entire critical perspectives the agencies are established and funded to perform.
Another emerging issue affecting hate crime investigations is the identification and management of immigrant victims. Research has reported that immigrant communities possess fearful traits when reporting victimization to the police, especially when their immigration statuses have gaps that the police officers could quickly identify (Myers & Lantz, 2020). Immigrants are vulnerable communities within societies subjected to massive discrimination and prejudice that amounts to greatly unquestionable evidence of hate crime. Most of the victims base on the cost and benefits of reporting the crimes and opt for failing to report as the costs outweigh those of reporting. More importantly, members of communities that have a past associated with of negative practices with police departments on varied instances often lack the confidence that all type of police officers would focus on their reports of the hate crime or hate incident extremely (Sanders et al., 2022). They presume focus would be placed on questioning their migration status, which often has gaps that would subject them to deportation. With an advanced system for managing immigrants and an easy path to citizenship, the investigation agencies have a high probability of increasing the reporting rates of members from these communities.
Other barriers to effective hate crime investigations are the lack of understanding of proponents and aspects that constitute a hate crime. Ignorance can also be described as the nonexistence of awareness of how to communicate, the incapability of reporting, and reporting the hate crime incidence that do not qualify and satisfy the elements of the crime (Ishakhanna, 2021). The fatalities of purported crime may also not be well-versed of the full range of the available funds dispatched by the state and federal governments in addressing the different forms of hate that a community is experiencing. Some of the resources that may be available but not known by the victims may include access to mental and healthcare treatment, civil enforcement, and victim compensation. The state and federal governments often set aside adequate annual budgets that cater for the complete resources that are often needed in investigating hate crimes, as outlined in the Federal Bureau of Investigation (Bhat et al., 2020). The current ignorance level on the existing resources and composition of hate crime exists despite the extensive public awareness and educative programs conducted by agencies and other humanitarian organizations to the public.
Finally, cultural hurdles such as the feeling of inferior shame, cultural norms that discourage reporting, and misplaced belief of the aspects of hate crime negatively impact the reporting and investigations of complicated crimes. Such cultural hurdles are often challenging as managed and controlled by the investigative agencies that seek to contain hate crimes within the shortest period (Mills, 2021). For instance, bullying is a type of hate crime that, when reported, is addressed through bullying prevention initiatives that focus on the communities and societies that such cases are reported from. The affected communities fail to understand that bullying refers to any form of physical aggression, verbal harassment, the false spread of information, and facilitating of social rejection and isolation of a person. The ignorance of the forms of hate results in the inability of law enforcement agencies to track all the forms of hate incidents. The impact is not only felt by the communities and the government that provides law and order but also by the nongovernment organizations, especially ,members with strong connection to the affected societies, to start their goals and objectives of addressing hate in modes that are more reachable to the society members (Bhat et al., 2020). The non-governmental organization, for instance, deepen their ties with the communities and community members who turn to the organization for other assistances such as education, food, training, outreach, and healthcare resources.
Hate crime stakeholders and agencies however, play a crucial role in protecting the privacy of the victims and their families as possible during and after the investigation to ensure that their families are not discriminated against and prejudiced by the communities that they live in. Most hate crimes are often caused and shielded by the various customs and cultures that victims live in (Hahn, 2022). The minority and inferior nature of the victims often demand confidentiality and protection of the status and location for their safety and stay in the community. Appropriate and efficient hate crime investigations connect the victims to the suitable sustenance services, advocates, and entities when required. Most victims are emotionally and psychologically traumatized by various crimes that make them discouraged and inferior (Myers & Lantz, 2020). Connection to appropriate organizations and agencies that offer guidance, counseling therapy, and other types of support such as materialistic support is vital for continued existence and stay in the organization. More importantly, they are made to regain back at their initial state level before the occurrence of the crime.
Another role the effective hate crime investigative agencies play is engaging with the media partners and other stakeholders to restore victimized communities through sensitive and accurate reporting. Media outlets have proved essential in information sharing and sensitization, especially to communities with different perspectives and attitudes towards hate-associated practices (Ishakhanna, 2021). Restoration of victimized communities through sensitization and accuracy within the reporting is crucial in sharing information, targets restoring the image and reputation of the hate crime individuals. Finally, effective hate crime investigative agencies collaborate with community leaders to mobilize resources to aid victims and prevent future hate incidents. The role of the investigations has to go beyond conducting mere investigations to the prevention of crimes and incidents using other alternatives that directly impact the community and the victims within the communities (Sanders et al., 2022).
Conclusion
Therefore, hate crime investigations are affected by various factors that challenge effective investigations by the respective agencies. Hate crime victims often fear reporting hate crimes to the police because of bias, mistrust of the agencies, and interference with their lives. The police departments have been associated with corruption, negligence, and lack of commitment toward the management of hate-related crimes, thus discouraging their reporting. Additionally, ignorance on what constitutes hate crimes and cultural hurdles revolving around discrimination and prejudice influence the rate at which victims are likely to seek police services for justice against the various crimes committed against them. However, modern police departments are expected to provide high-quality hate crime investigations to ensure the victims get justice. The investigations extend beyond conducting paperwork to ensuring that the victims and communities are involved in managing the crimes. More importantly, engaging with the communities and collaborating with other stakeholders such as the media are part of corporate social responsibility and mechanisms for effective hate crime investigations. As outlined in the job description, hate crime investigative officers are vital determinants of the number and rate of hate crime reporting in communities.
References
Bell, J. (2019). The resistance & the stubborn but unsurprising persistence of hate and extremism in the United States. Indiana Journal of Global Legal Studies,26(1), 305-316.
Bhat, M., Bajaj, V., & Kumar, S. A. (2020). The crime vanishes: Mob lynching, hate crime, and police discretion in India. Jindal Global Law Review, 11(1), 33-59.
Dancygier, R., Egami, N., Jamal, A., & Rischke, R. (2022). Hate crimes and gender imbalances: fears over mate competition and violence against refugees. American Journal of Political Science, 66(2), 501-515.
Hahn, M. J. (2022). Using Digital Evidence to Strengthen Hate Crime Prosecutions. Dep’t of Just. J. Fed. L. & Prac., 70, 221.
Ishakhanna, D. (2021). Legal Framework To Combat Hate Crime In India. Nveo-Natural Volatiles & Essential Oils Journal| NVEO, 4464-4469.
Iwama, J. A. (2018). Understanding hate crimes against immigrants: Considerations for future research. Sociology compass, 12(3), e12565.
Jendryke, M., & McClure, S. C. (2019). Mapping crime–Hate crimes and hate groups in the USA: A spatial analysis with gridded data. Applied Geography, 111, 102072.
Mills, C. E. (2021). Gay visibility and disorganized and strained communities: A community-level analysis of anti-gay hate crime in New York City. Journal of Interpersonal Violence, 36(17-18), 8070-8091.
Myers, W., & Lantz, B. (2020). Reporting racist hate crime victimization to the police in the United States and the United Kingdom: A cross-national comparison. The British Journal of Criminology, 60(4), 1034-1055.
Pezzella, F. S., Fetzer, M. D., & Keller, T. (2019). The dark figure of hate crime underreporting. American Behavioral Scientist, 0002764218823844.
Sanders, T., Scouler, J., & Campbell, R. (2022). Sex W ork, Hate Crime@ TheAuthor (s) 2022. The Journal of Criminal Law, 86(2), 109-125.
Taylor, H. (2019). Domestic terrorism and hate crimes: legal definitions and media framing of mass shootings in the United States. Journal Of Policing, Intelligence And Counter Terrorism, 14(3), 227-244.
Tessler, H., Choi, M., & Kao, G. (2020). The anxiety of being Asian American: Hate crimes and negative biases during the COVID-19 pandemic. American Journal of Criminal Justice, 45(4), 636-646.
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