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HATE CRIMES: Investigative Review Chief Thomas Kilcullen SUNY Geneseo Police Department
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STATEMENT ON HATE CRIMES The University Police Department is dedicated to addressing the issue of hate and promoting diversity to achieve tolerance among all community members.
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STATEMENT ON HATE CRIMES It is the strategy of the University Police Department to maximize efforts, ensuring all residents of the university community enjoy the right to live free of crime motivated by the victims race, ethnicity, gender, national origin, religion, disability or sexual orientation.
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STATEMENT ON HATE CRIMES We believe the unique nature of Hate Crimes require special attention from our agency. Hate crimes are given a priority status.
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OBJECTIVES Develop a partnership between law enforcement agencies and community groups to effect successful prosecution of hate crime perpetrators. Identify and track emerging patterns in bias related crimes.
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OBJECTIVES Educate the community on the consequences of hate crimes. Promote mutual trust and respect among the community and law enforcement agencies seeking to address the issue of hate.
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OBJECTIVES Provide comprehensive reform and uniform documentation on hate crimes and hate related activity. Create support network to aid and assist survivors of hate crimes.
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WHAT IS A HATE CRIME? A hate crime is a criminal offense committed against a person, property or society that is motivated, in whole or in part, by an offender’s bias against an individual's or group’s perceived race, religion, ethnic/national origin, gender, age, disability or sexual orientation.
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WHAT IS A HATE CRIME? A hate crime is a criminal offense committed against a person, property or society that is motivated, in whole or in part, by an offender’s bias against an individual's or group’s perceived race, religion, ethnic/national origin, gender, age, disability or sexual orientation.
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WHAT IS A HATE CRIME Hate Crimes may consist of: Graffiti Verbal intimidation or threats Harassment Trespass and stalking Property damage Hate mail including e- mail Murder Physical assaults and threats Attacks and weapons Arson
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PL 485.05 Hate Crimes “Listing Specific Offenses” 1. A person commits a hate crime when he or she commits a specified offense and either: a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of a person regardless of whether the belief or perception is correct.
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PL 485.05 Hate Crimes “Listing Specific Offenses” 1. A person commits a hate crime when he or she commits a specified offense and either: b) Intentionally commits the act or acts constituting the offense in whole or in substantial part because of the belief or perception regarding the race, color, national origin, ancestry, gender, religion, religious practice, age disability, or sexual orientation of a person regardless of whether the belief or perception is correct.
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PL 485.05 Hate Crimes “Listing Specific Offenses” 2. Proof of race, color, national origin, ancestry, gender, religion, religious practice, age, disability or sexual orientation of the defendant, the victim or of both the defendant and the victim does not by itself constitute legally sufficient evidence satisfying the people’s burden under paragraph (a) or (b) of subdivision one of this section.
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SPECIFIC OFFENSES IN GENERAL: Assault Aggravated Assault Menacing Reckless Endangerment Strangulation Unlawful Imprisonment Kidnapping Coercion Burglary Arson Petit Larceny Aggravated Harassment Manslaughter Murder Stalking Rape Criminal Sex Act Sexual Abuse Aggravated Sexual Abuse Criminal Trespass Criminal Mischief Grand Larceny Robbery
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COMMUNITY TRAUMA Hate Crimes victimize the entire community and may involve: – Victimization to all community members – Sense of group vulnerability – Community fear and tension – Loss of trust in criminal justice system
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COMMUNITY TRAUMA – Possibility of reactive or copycat incidents – Redirection of law enforcement resources – Community polarization – Public damage; eg: buildings such as churches (Interfaith Centers)
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VICTIM TRAUMA Should you believe that you are a victim of a Hate Crime of have witnessed a Hate Crime, you are strongly encouraged to contact your local police. Be sure to provide specific details that would qualify the event as a hate crime (ie: the use of racial or ethnic slurs by the perpetrator during the event).
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HATE CRIMES Case Study: Racist Grafitti
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