FlipBook Review January 2024

HATE CRIMES INVESTIGATION

GUIDEBOOK CREATED BY DR. BROOKE KAMMRATH DR. CLAIRE GLYNN

ATTORNEY ELAINE PAGLIARO PROFESSOR KENNETH ZERCIE RESEARCH ASSOCIATE TIANYIN YU RESEARCH ASSOCIATE ALEXANDER KLEIN

EDITED BY: ALEXANDER KLEIN

TABLE OF CONTENTS General Outline of Hate Crimes Flipbook Chapter 1) Overview of the problem --a. Definitions 1.

Definitions

2.

Hate Crimes

3.

Types of Hate Groups

4.

Extremism

5.

Neo-Nazis

6.

Lone wolfs

7.

Radical far-right & Oath Keepers

8.

White Supremists

9.

Extremists in law-enforcement

10. How we combat it 11. White House Proclamation Countering Domestic Terrorism a. Laws b. Sources for information

TABLE OF CONTENTS Chapter 2 Report, investigation and prosecution of hate crimes a. Overview – prevention and investigation of hate crimes b. Special considerations for hate crimes c. Special units d. State or federal guidelines links for investigations e. Working with community leaders and communication during investigations Chapter 3 Physical Evidence in hate crimes (general considerations) a. Importance of physical evidence (some case examples included) b. Crime scene procedures (general – Crime Scene Guidebook) i. Observations and identification of evidence ii. Documentation iii. Collection & preservation iv. Links to federal guidelines for crime scenes.

Chapter 4 Police-Involved Shooting Incidents - (Workshop 1) a. Identification of problem and background case examples from news, state report, etc. b. Scene investigation of shooting incidents i. Special considerations of identifying & documenting evidence ii. Links to videos, ppts, handouts of procedures c. Issues in documentation d. Community relations during police shooting investigations e. CT office of the inspector general – what it is, how it works, link to last year’s report from the office. f. Other approaches (if info available on how this is done in other jurisdictions) & in federal situations.

TABLE OF CONTENTS Chapter 5 Hate Crimes Scene Analysis and Evidence (Workshop 2) a. Overview of the common scenarios and types of evidence encountered b. Special considerations for documentation and preservation of evidence / avoiding contamination; best collection methods c. Field Testing i. Tests for chemical components – explosives, powders, liquids (link to demos of field tests they had available at the workshop) ii. Tests for biological components – Alternate light, screening tests for blood and body fluids, confirmatory tests for blood d. Portable Instrumentation – demo videos & other –Brooke will assist with this Chapter 6 Digital / e-crimes evidence in Hate Crimes (Workshop 3) TBD a. Overview i. Use of electronic evidence in hate crimes (importance to show linkage) ii. Types of software available and uses iii. Legal restrictions on use of digital evidence e.g., GPS, texts, browser history b. Case examples c. Examples of search software

CHAPTER 1 OVERVIEW OF THE PROBLEM

WHAT TO EXPECT 1. Definitions

2. Types of Hate Groups 3. Extremism 4. Neo-Nazis 5. Lone wolfs 6. Radical far-right & Oath Keepers 7. White Supremists 8. Extremists in law-enforcement

9. How we combat it 10. White House Proclamation Countering Domestic Terrorism

DOMESTIC TERRORISM

DEFINING HATE CRIMES

HOW DOES CONNECTICUT DEFINE A HATE-CRIME

• Connecticut’s sentencing enhancements for hate crimes apply when a perpetrator commits crime with the specific intent to harass or intimidate an individual because of their actual o perceived race, religion, ethnicity, disability, sexual orientation, gender identity, or gender expression (Conn. Gen. Stat. sec. 53a-181j(a)).

Source: Violence & Harassment | Hate Crimes | Connecticut. (2022) Glad Legal Advocates and Defenders. https://www.glad.org/overview/hatecrimes/connecticut/#:~:text=Besides%20the%20police%2C%20who%20can,(800)%20479%2D2949.

WHAT IS A BIAS INCIDENT? • A bias incident will include any act of aggression or hostility against an individuals solely from an ethnocentric narrowminded view. Some characteristics include different race, ethnicity, sexual orientation, gender, religion, nationality, national origin and more.

Examples:

• Name calling; using a racial, ethnic, or other slur to identify someone; or using degrading language.

• Creating racist or derogatory images/drawings.

• Imitating someone with a disability, or imitating someone’s cultural norm or practice.

Source: What’s the Difference between a Hate or Bias Crime and a Bias Incident? (2022). Department of Justice. https://www.doj.state.or.us/oregon-department-of-justice/civil-rights/bias-and-hate/whats-the-difference-between-a-hate-orbias-crime-and-a-bias-incident/

Source: What’s the Difference between a Hate or Bias Crime and a Bias Incident? (2022). Department of Justice. https://www.doj.state.or.us/oregon-department-of-justice/civil-rights/bias-and-hate/whats-the-difference-between-a-hate-or-biascrime-and-a-bias-incident/

CT Annual Bias Crime Report 2020

Race

6,406

White

3,365

Black or African American

1,532

American Indian or Alaska Native

68

Asian

58

Native Hawaiian or Other Pacific Islander

22

Group of Multiple Races2 Unknown Race

425 936

Ethnicity Total

5,443

Hispanic or Latino

547

Not Hispanic or Latino

1,801

Group of Multiple Ethnicities4 Unknown Ethnicity

103 2,992

Age Total

5,599

Total known offenders 18 and over

4,734

Total known offenders under 18

865

The 2020 FBI Hate Crime statistics for the nation are based on data received from 15,138 of 18,625 law enforcement agencies in the country that year.

Source: Hate Crime in the United States Incident Analysis. (2020). Federal Bureau of Investigation, Crime Data Explorer. https://crime-data-explorer.fr.cloud.gov/pages/explorer/crime/hate-crime

OFFENDER RACE CT 2020

SOURCE: HTTPS://CRIME-DATA-EXPLORER.FR.CLOUD.GOV/PAGES/EXPLORER/CRIME/HATE-CRIME (SEARCH CONNECTICUT 2020)

CONNECTICUT

HATE CRIME STATUTES

1.If the attacker “causes serious physical injury” to a person, the crime is a Class C Felony (Conn. Gen. Stat. sec. 53a-181j(b)).

2.If the attacker either: (1) causes any physical contact with their victim; (2) damages, destroys, or defaces their victim’s property or personal affects; or (3) credibly threatens to do either (1) or (2), the crime is a Class D Felony (Conn. Gen. Stat. sec. 53a-181k).

3.If the attacker is found to act without malice, but nonetheless either: (1) damages, destroys, or defaces their victim’s property or personal affects; (2) credibly threatens to damage, destroy, or deface their victim’s property or personal affects, or encourages another person to do so, the crime is a Class A Misdemeanor (Conn. Gen. Stat. sec.

53a-181l).

Source: Violence & Harassment | Hate Crimes | Connecticut. (2022) Glad Legal Advocates and Defenders. https://www.glad.org/overview/hatecrimes/connecticut/#:~:text=Besides%20the%20police%2C%20who%20can,(800)%20479%2D2949.

ADDITIONAL REFERENCES CHECK OUT THESE ARTICLES • Rovella, James. (2020). CONNECTICUT BIAS CRIMES 2020 ANNUAL REPORT. Department of Emergency Services and Public Protection Crimes Analysis Unit, Division of State Police, Commissioner. https://portal.ct.gov/hatecrimes/-/media/Hatecrimes/2020-DraftHate-Crime.pdf

• Hate Crime in the United States Incident Analysis. (2020). Federal Bureau of Investigation, Crime Data Explorer. https://crime-data-explorer.fr.cloud.gov/pages/explorer/crime/hate-crime • https://crime-data-explorer.fr.cloud.gov/pages/explorer/crime/hate-crime

HATE GROUPS Does the FBI investigate hate groups in the United States?

The FBI investigates domestic hate groups within guidelines established by the attorney general.

Investigations are conducted only when a threat or advocacy of force is made; when the group has the apparent ability to carry out the proclaimed act; and when the act would constitute a potential violation of federal law.

(FBI, 2020) https://www.fbi.gov/about/faqs/does-the-fbi-investigate-hate-groups-in-the-united-states

DOMESTIC TERRORISM (WHITE HOUSE REPORT)

Under Federal law, “domestic terrorism” is defined as “activities that involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; appear to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping; and occur primarily within the territorial jurisdiction of the United States.”

-White House (Whitehouse, 2021) https://www.whitehouse.gov/briefing-room/statements-releases/2021/06/15/factsheet-national-strategy-for-countering-domestic-terrorism/

TYPES OF HATE GROUPS

EXTREMISTS

Extremism •

DEFINITION

Extremism is a concept used to describe religious, social or political belief systems that exist substantially outside of belief systems more broadly accepted in society (i.e., "mainstream" beliefs). Extreme ideologies often seek radical changes in the nature of government, religion or society. Extremism can also be used to refer to the radical wings of broader movements, such as the anti-abortion movement or the environmental movement. Not every extremist movement is "bad""the abolitionist movement is one example of an extreme movement that had admirable goals"but most extremist movements exist outside of the mainstream because many of their views or tactics are objectionable.

Glossary of Extremism & Hate, 2023. https://extremismterms.adl.org/glossary/extremism

NEO-NAZI GROUP FLORIDA RALLY 2023

NEO-NAZI HATE GROUPS RISING Going International • US Neo-nazi fought in Ukraine he is from Florida • Claims fought in Azov regiment in Ukraine

• Spreading internationally • McLellan’s Claims • In an interview with a far-right podcast on 18 August 2023, McLellan said he travelled to Ukraine in 2014 and 2015 to participate in fighting alongside two far-right military units — Right Sector and the Azov Regiment — that hosted radical foreign fighters in their ranks. McLellan said he was recruited to fight in Ukraine by Gaston Besson, a French military veteran who helped organize international recruitment efforts for Azov in 2014. Besson, a resident of Croatia, passed away in 2022.

• (Bellingcat, 2023) https://www.bellingcat.com/news/2023/09/13/us-neo-nazi-says-he-fought-in-ukraine-records-place-him-in-florida/

OATH KEEPERS (POLITICAL)

JANUARY 6TH CAPITOL RIOT: WHO ARE THE OATH KEEPERS AND WHY ARE THEY ON TRIAL?

FAR-RIGHT EXTREMISM Former Army paratrooper and Yale Law School graduate took the microphone at a small rally just outside of Boston to introduce his new self-styled militia.

"I'm Stewart Rhodes," he said. "And I'm the founder of Oath Keepers.“ A pro-gun, anti-government group launched in 2009, the Oath Keepers began with a rally in Lexington, Massachusetts - site of one of the first battles in the Revolutionary War.

WHAT DID THE OATH KEEPERS DO ON 6 JANUARY 2021?

Prosecutors say Mr. Rhodes began a campaign to reject the results of the November 2020 presidential election two days after the vote, while ballots were still being counted.

On 5 November, the Oath Keepers' leader told supporters on Signal, a private messaging app: "We aren't getting through this without a civil war. Too late for that. Prepare your mind, body, spirit.“ According to a federal indictment, Mr. Rhodes and others bought thousands of dollars of weapons and gear over the next two months, made plans to stash guns, and organised members into militarystyle units.

ANTI-GOVERNMENT MILITIAS Far-right militias The Intelligence Project at the SPLC works to expose, prevent, counter and remedy hate and extremism in the U.S. today. The SPLC is the premier U.S. organization monitoring the activities of domestic hate groups and antigovernment hard right extremists – including the Ku Klux Klan, white nationalists, the neo-Nazi movement, antigovernment militias, anti-LGBTQ groups, antisemitic movement, anti-Muslim groups and others.

Retrieved 2023 https://www.splcenter.org/issues/hate-and-extremism

SUBTITLE HERE

LAW-ENFORCEMENT

WHITE SUPREMISTS In Law-enforcement

Active Links

• Extremism in Law-enforcement hidden in plane sight

• Alarmingly, internal FBI policy documents have also warned agents assigned to domestic terrorism cases that the white supremacist and anti-government militia groups they investigate often have “active links” to law enforcement officials.

• In 2017, the FBI reported that white supremacists posed a “persistent threat of lethal violence” that has produced more fatalities than any other cegory of domestic terrorists since 2000

Source: • https://www.brennancenter.org/our-work/researchreports/hidden-plain-sight-racism-white-supremacyand-far-right-militancy-law

The FBI’s 2015 Counterterrorism Policy Directive and Policy Guide warns that “domestic terrorism investigations focused on militia extremists, white supremacist extremists, and sovereign citizen extremists often have identified active links to law enforcement officers.”

HATE GROUP IMPACT

HATE GROUPS POSE A THREAT •

Hate groups divide our country. The United States of America is a melting pot of cultures, religions, beliefs, and ethnicities.

Dividing our country is only aiding our adversaries. Our enemies want us to be divided because they want us to be destroyed from within. Hate groups erode our country’s unity and institutions. We are allowed to agree or disagree on ideas in the country. When hate groups incite violence they are then classified as domestic terrorists by statute.

•

There are over 1003 hate groups catalogued in the United States. These hate groups are in some cases are domestic terrorists. The FBI, and Department of Homeland Security have task forces in place to combat these groups.

•

Hate groups undermine social cohesion in the country and encourage division. In turn, they are destabilizing our democracy.

•

Hate groups target minority and vulnerable populations. In a professional setting this will create hostility in work places and can possibly incite violence within a government setting such as January 6, 2021.

HOW WE’RE COMBATING DOMESTIC HATE GROUPS Joint Terrorism Task Force

The FBI’s Joint Terrorism Task Forces, or JTTFs, are our nation’s front line of defense against terrorism, both international and domestic. They are groups of highly trained, locally based, passionately committed investigators, analysts, linguists, and other specialists from dozens of U.S. law enforcement and intelligence agencies. When it comes to investigating terrorism, they do it all: chase down leads, gather evidence, make arrests, provide security for special events, collect and share intelligence, and respond to threats and incidents at a moment’s notice.

(FBI, 2023) https://www.fbi.gov/investigate/terrorism/jointterrorism-task-forces

WHITE HOUSE COUNTERING DOMESTIC TERRORISM The Department of State will continue to assess whether additional foreign entities linked to domestic terrorism can be designated as Foreign Terrorist Organizations or Specially Designated Global Terrorists under relevant statutory criteria.

The Department of the Treasury, in coordination with law enforcement, is exploring ways to enhance the identification and analysis of financial activity of domestic terrorists. The Department of Homeland Security (DHS) is enhancing its analysis of open-source information to identify threats earlier and will create a structured mechanism for receiving and sharing within government credible non-governmental analysis.

(WhiteHouse, 2023) https://www.whitehouse.gov/briefingroom/statementsreleases/2021/06/15/fact-sheetnational-strategy-for-counteringdomestic-terrorism/

HOW CITIZENS CAN HELP Promote social cohesion and discourage biases focusing on race, ethnicity, religion or characteristics of individuals.

Exchange ideas, promote social cohesion and not negativity or violence.

CHAPTER 2 Report Investigation Prosecution of Hate Crimes

IN THIS CHAPTER a. Overview – prevention and investigation of hate crimes b. Special considerations for hate crimes c. Special units d. State or federal guidelines links for investigations e. Working with community leaders and communication during investigations

REPORT A HATE CRIME In an emergency, dial 9-1-1 or your local police to get immediate help.

To report a hate crime: If you believe you are the victim of a hate crime or that you witnessed a hate crime—

STEP 1: Report the crime to your state or local police.

•Dial 9-1-1 or call your local police station.

•Police officers may reach out to you for more information as they investigate the crime.

STEP 2: Quickly follow up this report by reporting the crime to the Federal Bureau of Investigation (FBI).

•Online: You can report a hate crime to the FBI online at: tips.FBI.gov.

•Follow the instructions on the pop-ups and fill out the online form to report a hate crime.

•By Phone: Call the FBI at 1-800-CALL-FBI (1-800-225-5324).

•You can also reach out to your local FBI field office. Find the phone number for the FBI field office closest to you at www.fbi.gov/contact-us/field-offices.

•The FBI may reach out to you for more information as they investigate the crime.

Source: https://www.justice.gov/hatecrimes/report-a-hate-crime

STATISTICS Hate Crimes include: Crimes Against Persons Crimes Against Property

Crimes Against Society Learn more about the statistics here: https://www.justice.gov/hatecrimes/statedata/connecticut

NON-CRIME RELATED INCIDENTS Your Voice Matters: Not every hate incident involves a crime. You can report any incident to the Civil Rights Division at civilrights.justice.gov.

Possible outcomes include: •Following up for more information, •Starting a mediation or investigation, •Directing you to another organization for further help, or •Informing you that we cannot help.

People and communities impacted by the incident may also still qualify for the relief outlined below.

VICTIM CONNECT RESOURCE CENTER https://victimconnect.org/learn/types-of-crime/hate-crimes/ Victim Services Mission We provide confidential resources and referrals to empower crime victims to regain control, navigate their options, and determine their next steps. The VictimConnect Resource Center serves all individuals who reach out for assistance regardless of race, ethnicity, national origin, immigration status, religion, age, disability, sex, gender identity, gender expression, sexual orientation, or when the crime occurred.

Victim Services Values Demonstrate Dependability We hold ourselves accountable to both our colleagues and those we serve by providing reliable information and modeling professionalism at all times. We lead by example and work together openly and honestly. We do this by communicating any changes in schedule to the supervisor on call, keeping our calendars up to date, and being respectful of the group environment.

Support Personal Resiliency We promote victim and staff wellness through recognizing the importance of self-determination, balance, and commitment to self-care. We do this by checking in with ourselves, recognizing our triggers, and maintaining a healthy work-life balance.

Engage in Continuous Learning We encourage curiosity and continual learning in order to expand our knowledge of the victim services field. We strive to improve the quality of service we provide through evaluating gaps, recognizing trends, and incorporating best practices in our work. We believe that critical reflection allows us to provide compassionate and trauma-informed services.

Advocate Passionately and Intentionally We believe in creating positive and lasting impact. We support fairness and respect for all people and are committed to empowering others by expanding access to services in underserved communities. We do this by participating in active listening during all interactions and making sure each conversation is visitor guided.

Build a Collaborative Environment We value the unique strengths and experiences of each other and foster communication and partnership. We recognize that cooperation and participation leads to innovation. We do this by acknowledging our colleagues’ expertise, recognizing each individual’s history, and explaining our own thought processes behind decisions.

PROSECUTING HATE

This Photo by Unknown Author is licensed under CC BY-NC

PROSECUTION OF HATE CRIMES

WHAT IT TAKES TO BE LABELED A HATE CRIME

WHAT IT TAKES TO BE LABELED A HATE CRIME

DR. LEE INTERVENTION & INVESTIGATION OF HATE CRIMES

Click this link to watch Dr. Lee’s lecture at the 45th Annual Advanced Homicide Symposium on Hate Crime Investigation & Intervention https://vimeo.com/792327443/920ce94119

HATE CRIMES CONFUSION “The number of reported hate crimes are going up while the number of reported hate crimes is going down,” Judge Levine.

Listen to Judge Levine's full lecture here. https://vimeo.com/799201709/9ee5644c5d

SOURCE: HTTPS://PORTAL.CT.GOV/DESPP/DIVISION-OF-STATE-POLICE/CRIMES-ANALYSIS-UNIT/CRIMES-ANALYSIS-UNIT

Crimes Analysis Unit The Crime Analysis Unit provides various analytical services to the Connecticut State Police, the Connecticut Department of Emergency Services and Public Protection, Connecticut municipal police departments, the Federal Bureau of Investigation, the media, and other consumers of Connecticut crime and traffic statistics.The Crime Analysis Unit oversees several state-mandated programs, including the Connecticut Uniform Crime Reporting (UCR) Program, also referred to as the National Incident-Based Reporting Program (NIBRS), the Connecticut Family Violence Reporting Program, and the Connecticut Bias (Hate) Crime Reporting Program. In addition to these mandated programs, the Crime Analysis Unit maintains statistical and summary data on motor vehicle enforcements, accidents, and related traffic events handled by the Connecticut State Police.

For other inquires, please email Crimes Analysis at CTNIBRS@ct.gov.

•For current documents select a file from the list (see below) •For historical documents prior to 2017 click this link: Publications and Queryable Statistics •Additional queryable data is also available at: Crime in CT Spreadsheet •To obtain official, published FBI statistics for other states or the entire US: Crime Data Explorer •For American Rescue Plan Act (ARPA) Data: ARPA - American Rescue Plan Act - Data

TRAINING BY CCADV Connecticut Crime Online (interactive) •Data is preliminary and may be incomplete. It reflects data that the contributing agencies have provided.

Crimes Analysis Files •Family Violence Program: DPS-230-C Family Violence Offense Report •Training Video for filling out Family Violence Form: Click Here •Law Enforcement Personnel: AGENCY FORM 10

DOCUMENT LIST • 2022

• 2021

• Crime in Connecticut 2022 Report

• Crime in Connecticut 2021 Report

• Family Violence Detailed Report

• Crime in Connecticut Overview By Town

• Family Violence Arrest Report

• Crime in Connecticut Arrest Trends

• Family Violence Homicide Report

• Crime in Connecticut Arrests

• Bias Crime Report

• Family Violence Detailed Report

• Crime in Connecticut Overview by Town

• Family Violence Arrest Report • Family Violence Homicide Report • Bias Crime Report

DOCUMENT LIST • 2020 • Crime in Connecticut Arrest Trends • Crime in Connecticut Arrests • Crime in Connecticut Arrests By Town Juvenile

• 2019 • Crime in Connecticut Arrest Trends

• Crime in Connecticut Arrests

• Crime in Connecticut Arrests By Town Adult

• Crime in Connecticut Offenses

• Crime in Connecticut Offenses

• Crime in Connecticut Report

• Crime in Connecticut Offenses By Town

• Family Violence Arrest Report

• Crime in Connecticut 2020 Report • Family Violence Arrest Report • Family Violence Detailed Report • Family Violence Homicide Report • Bias Crime Report

• Family Violence Detailed Report • Family Violence Homicide Report • Bias Crime Report

DOCUMENT LIST • 2018

• 2017

• Crime in Connecticut Report

• Bias Crime Report

• Family Violence Arrest Report

• Crime in Connecticut Report

• Family Violence Detailed Report

• Family Violence Arrest Report

• Family Violence Homicide Report

• Family Violence Detailed Report

• Bias Crime Report

• Family Violence Homicide Report

CHAPTER 3 Physical Evidence in hate crimes (general considerations)

CHAPTER 4

Police-Involved Shooting Incidents (Workshop 1)

CHAPTER 5 Hate Crimes Scene Analysis and Evidence (Workshop 2)

CHAPTER 6 Digital / e-crimes evidence in Hate Crimes (Workshop 3)