provide support for collaborative, community-driven and informed efforts, such as
community-based diversion programs outside of the criminal justice system,
increasing access to resources to support the right to counsel, and developing
community-driven and informed prevention programs or responses to violent crime.
Preventing and Combating Hate Crimes
Hate crimes (sometimes called bias-motivated crimes) are criminal offenses
motivated by some form of bias toward victims based on their perceived or actual
race, color, ethnicity, religion, national origin, sexual orientation, gender, gender
identity, or disability. Hate crimes have a devastating effect beyond the harm
inflicted on any one victim. They reverberate through families, communities, and
the entire nation as others fear that they too may be threatened, attacked, or forced
from their homes because of what they look like, who they are, where they worship,
who they love, or whether they have a disability. As with most other crimes, hate
crimes in the United States are primarily investigated under state law and
prosecuted by local, state, and tribal authorities. However, reluctance from victims
and witnesses to contact law enforcement about hate crime incidents may arise
from perceptions of bias, distrust of law enforcement or the criminal justice system,
or barriers such as language or concerns about immigration status. Hate crimes are
chronically underreported to and under-identified by law enforcement. Tools such
as the
U.S. Bureau of Justice Statistics’ National Crime Victimization Survey
(NCVS) and the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting
(UCR) program shed some light on trends among those hate crimes reported to law
enforcement or through NCVS. Although hate crimes are often underreported, in
recent years, there have been alarming spikes in hate crimes and threats of
violence across the country, often fueled by online hate forums. In 2021 and 2022,
there were several attacks on houses of worship, threats against Historically Black
Colleges and Universities, and increased attacks on Asian Americans. Though
many jurisdictions are facing significant increases in hate crimes and hate
incidents,
a recent research study and survey from the National Institute of Justice
(NIJ) indicates that many state and local law enforcement agencies do not have
adequate tools to identify, investigate, and respond to hate crimes, and only 23
percent of law enforcement agencies that responded to the survey reported any
hate crime investigations in 2018.
In September 2022, Attorney General Merrick Garland announced that all 94 U.S.
Attorneys’ offices would be implementing the United Against Hate Program and
emphasized that eliminating hate and bias-motivated crimes is one of DOJ’s top
priorities, and combating hate crimes and promoting trust and accountability in law
enforcement was one of the Department’s priority goals for fiscal year 2023. BJA
encourages JAG recipients to utilize funding to promote change and accountability
by supporting state, local, and tribal efforts to prevent hate crimes, improve data
collection and reporting of hate-related criminal offenses and incidents, and
promote efforts to fully investigate and prosecute hate crimes when they do occur.