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1 1 (March 18, 2021)

handle is hein.crs/govectm0001 and id is 1 raw text is: InIoirnino¶h~ Ie~i~Aat~v dAy tet~ine~ l~14 9 Updated March 18, 2021 Department of Justice's Role in Investigating and Prosecuting Hate Crimes In 2019, law enforcement agencies reported 7,314 hate crimes involving 8,812 victims and 6,406 known offenders to the FederalBureau ofInvestigation(FBI). Most hate crimes are investigated by local law enforcement agencies and prosecutedby localdistrict attorneys' offices. However, in some cases hate crimes are investigated and prosecutedby theDepartmentof Justice (DOJ).In the wake of high-profile hatecrimes, policymakers might have an interest in the circumstances under which DOJhas jurisdiction over hate crime cases. This In Focus describes when DOJ can investigate hate crimes and how these investigations are conducted. What are hate crimes? DOJ defines hate crimes as acts of physical harm and specific criminal threats motivated by animus based on race, color, national origin, religion, gender, sexual orientation, gender identity, or disability. Federal Hate Crime Statutes DOJ identifies several statutes under which it can prosecute hate crimes. The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, 2009 (18 U.S.C. §249) Under this statute, it is a federalcrime to willfully cause bodily injury, or attempt to do so using a dangerous weapon, because ofthe victim's actual or perceivedrace, color, religion, or national origin. The statute also covers crimes committed because of the actual or perceived religion, national origin, s exualorientation, gender, gender identity, or disability of any person, if the crime affected interstate or foreign commerce or occurred within federal special maritime or territorialjuris diction. Through the enactment of Section 249, Congress expanded federaljuris diction over hate crimes to (1) address the limitations of existing federalhate crime statutes at the time, (2) allow the resources andexpertise of federallaw enforcement to aid hate crime investigations where there is joint federal-state jurisdiction, and (3) ensure that the federal government's interest in protecting civilrights can be upheld when states' laws or prosecutions do not adequately do so. A requirement in Section 249 limits DOJ's authority to prosecute hate crimes to cases where a substantial federal interest exists. Prosecutions under this statute cannot be undertaken without written certificationfromthe Attorney General (AG), or his designee, that(1) the state does not https :/crs report have juris diction, (2) the state has requested that the federal government assume jurisdiction, (3) the verdict or sentence obtained by the state left the federal interestdemonstrably un-vindicated, or (4) prosecution is in the public interest and necessary to secure substantialjustice. Damage to Religious Property, Church Arson Prevention Act (1 US.C. 247) Under this statute, it is a federal crime to intentionally deface, damage, or destroy realproperty due to its religious nature, where the crime affects interstate or foreign commerce, or because oftherace, color, or ethnic characteristics of the people associated with the property. The statutealso criminalizes the intentional obstructionby force or threat of force of any person in the enjoyment of that person's free exercise ofreligious beliefs. A prosecution under this statute cannot beundertaken without written certification fromthe AG, or his designee, that prosecution is in the public interest and necessary to secure substantialjustice. Violent Interference with Federally Protected Rights (18 U.S.C. §245) Under this statute, it is a federal crime to use or threaten to use force to willfully interfere with any person because of his orherrace, color, religion, or nationalorigin and because the person is participating in a federally protected activity, such as public education, employment, jury service, travel, or the enjoyment of public accommodations, or is helping another person to do so. Section 245 was the primary federalhate crimes statute prior to the enactment of Section 249. A prosecution under this statute cannot be undertaken without written certification fromthe AG, or an Assistant Attorney General (AAG) to whomthe AG has specifically delegated the power, that prosecutionis in the public interest andnecessary to secure substantialjustice. Conspiracy against Rights (I8 U.S.C. §24 I) Under this statute, it is unlawfulfor two or more persons to conspire to injure, threaten, or intimidate a person who is exercising any right or privilege secured to himorherby the Constitution or the laws of the United States. Criminal Interference with the Right to Fair Housing (42 U.S.C.§3631) Under this statute, it is a federal crime to use or threaten to use force to interfere with housing rights because of the victim's race, color, religion, sex, disability, familial status, or national origin. .congress.gov

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