Why would it be difficult to charge someone with a hate crime? “Number two, where is the most impactful sentencing decision going to be able to be made? And sometimes that might be at the state level and the federal government might defer to the state before moving forward.” “Number one, what is readily provable? What do prosecutors believe they have the evidence to win and get past the jury?,” Williams said. There are also certain factors prosecutors consider when deciding to charge a case, Williams noted. “Before bringing federal hate crime charges, the attorney general must certify in writing that the prosecution won’t get in the way of a state case, or that it’s in the public interest for the feds to bring a case,” Williams said. The keffiyeh explained: How this scarf became a Palestinian national symbol (Photo by Lior Mizrahi/Getty Images) Lior Mizrahi/Getty Images In their first parliament election in a decade, Palestinians faced a historic choice Wednesday - give the corruption-tainted Fatah Party another chance to pursue an elusive peace deal with Israel or opt for confrontation and international isolation under the Islamic militant Hamas. Palestinians look for their names on the list before voting for the Palestinian Parliamentary elections at a polling station in the West Bank town of Hebron, Wednesday, January 25, 2006. Most states and US territories also have hate crime laws that are enforced by local and state courts.Įlliot Williams, CNN legal analyst and former deputy assistant attorney general at the Justice Department, said a person can be charged with a federal and state hate crime at the same time, but who prosecutes the charges depends on several factors, including where the crime took place.

Hate crime laws at the federal level involve crimes “committed on the basis of the victim’s perceived or actual race, color, religion, national origin, sexual orientation, gender, gender identity, or disability,” according to the Justice Department. Hate crimes can be prosecuted at the federal level and state level. What is the difference between a federal and state hate crime? This means the actual number of annual hate crimes in the US is likely underreported. The FBI collects and publishes data on hate crimes from state and local agencies but reporting statistics to the bureau is voluntary and only about 80% of agencies submit data.Īccurately tracking hate crimes is a challenge because fewer than half of victims report hate crimes to police, according to the FBI’s National Crime Victimization Survey. Of the incidents tracked by the FBI that were motivated by a single bias, 59.1% were based on race, ethnicity, or ancestry, 17.3% were based on religion and 17.2% were based on sexual orientation.Ĭrimes based on gender identity accounted for 4% of hate crimes, 1.5% were based on disability and less than 1% on gender. Reports of hate crimes in the US were already at record highs, in 4 chartsĪccording to the FBI, in 2022, 13,278 individuals were reportedly victims of hate crimes. Hate crime charges can also extend to someone plotting to or asking someone to commit the crimes even if the crimes are never actually committed. When used in this context, hate does not refer to anger or rage, but rather “bias against people or groups with specific characteristics that are defined by the law,” according to the DOJ.īias-motivated crimes are often violent and can include “assault, murder, arson, vandalism, or threats to commit such crimes,” the DOJ said. Sometimes, that’s quite clear based on things that might have been said by the defendant or things that may have been immediately present in an apartment or online, but we do need direct and great evidence to support that additional element.”Īt the federal level, a hate crime is a criminal act that is motivated by bias, according to the Justice Department. “It means we have to actually prove beyond a reasonable doubt an additional element of the crime. “When you add a hate crime enhancement that changes things,” George said at a news conference Monday. Families of the victims and civil rights groups have demanded the attack be investigated as a hate crime, linking the shootings to the concerning rise in anti-Muslim and anti-Arab bias incidents in the US since the latest war between Israel and Hamas began in October.īut Chittenden County State’s Attorney Sarah George, whose office would be tasked with prosecuting those charges, urged caution.

Burlington Police DepartmentĪuthorities have yet to determine a motive in the attack but said they are investigating whether the incident was motivated by hate. Jason Eaton pleaded not guilty to shooting 3 Palestinian students in Vermont.

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