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Federal prosecutors declined to prosecute 82% of hate crimes

Dept. of Justice report doesn’t disclose how many suspects not prosecuted for a hate crime were prosecuted for underlying criminal offense

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Robert F. Kennedy U.S. Department of Justice building, Washington D.C. (Blade file photo)

WASHINGTON – Federal prosecutors declined to prosecute 82 percent of 1,864 suspects investigated for violating federal hate crime laws in all 50 states and D.C. during the years of 2005 to 2019, according to a newly released report by the U.S. Department of Justice’s Bureau of Justice Statistics.

The 15-page report, released on July 8, cites insufficient evidence as the reason suspects were not prosecuted in 55 percent of the federal hate crime cases. The report says “prioritization of federal resources” was the reason for a decision not to prosecute 15 percent of the suspects. 

It says 13 percent of the suspects were not prosecuted by U.S. Attorneys because the suspect was “subject to the authority of another jurisdiction,” and another 13 percent were not prosecuted because the federal government lacked legal jurisdiction to file a hate crime charge. 

The report, entitled Federal Hate Crime Prosecutions, 2005-2019, does not disclose the category of the victims targeted for a hate crime by the suspects whose cases were or were not prosecuted. 

In its annual hate crimes report as required under the U.S. Hate Crimes Statistics Act, the Federal Bureau of Investigation, (FBI), provides information on hate crimes based on a victim’s race/ethnicity/ancestry; religious affiliation; sexual orientation; gender identity; disability; and gender.

The FBI’s most recent hate crimes report released in November 2020 which covers the year 2019, shows that hate crimes based on a victim’s sexual orientation represented 16.8 percent the total number of hate crimes reported to the FBI for that year, the third largest category after race and religion. 

The FBI report shows that 4.8 percent of the total hate crimes reported to the FBI in 2019 were based on the victim’s gender identity. 

These figures suggest that at least some of the hate crimes cases that U.S. Attorneys declined to prosecute were cases involving LGBTQ people as victims. 

The Bureau of Justice Statistics report also does not disclose whether or how many of the suspects who were not prosecuted for a hate crime violation were prosecuted for the underlying criminal offense that was investigated by federal prosecutors as a possible hate crime.

Law enforcement officials, including Washington D.C. police officials, point out that a hate crime is not a crime in and of itself but instead is a designation added to an underlying crime such as assault, murder, destruction of property, and threats of violence among other criminal offenses. Most state hate crimes laws, including the D.C. hate crimes law, call for an enhanced penalty, including a longer prison sentence, for a suspect convicted of a crime such as murder or assault that prosecutors designate as a hate crime. 

Tannyr M. Watkins, a spokesperson for the DOJ’s Bureau of Justice Statistics, told the Blade in response to a Blade inquiry that the bureau did not have access to data it received from U.S. Attorney’s offices throughout the country about whether hate crime suspects were prosecuted for an underlying crime when federal prosecutors declined to prosecute the suspect for a hate crime.

The Bureau of Justice Statistics report released last month says that out of the 17 percent, or 310, of the hate crime suspects who were prosecuted between 2005-2019, 92 percent, or 284, whose cases were brought before a U.S. District Court, were convicted. And 85 percent of those convicted received a prison sentence, the report says. 

“Forty percent of the 284 hate crime convictions during 2005-2019 occurred in federal judicial districts in six states – New York (30), California (26), Texas (19), Arkansas (15), Tennessee (13), and Pennsylvania (12),” the report states. It says that during this 15-year period all but 10 states saw at least one hate crime conviction. In addition, there were two federal hate crime convictions in D.C. during that period, according to the report.

The U.S. Attorney’s Office for the District of Columbia, unlike U.S. Attorneys in the 50 states, prosecutes criminal offenses under both D.C. law and federal law under D.C.’s limited home rule government. In the 50 states, most hate crimes are believed to be prosecuted by state and local prosecutors.

Former D.C. U.S. Attorney Jessie Liu has stated that the D.C. Office of the U.S. Attorney has prosecuted most criminal cases in which a hate crime arrest was made but the office dropped the hate crime designation due to lack of sufficient evidence. Liu said the office has continued to prosecute the suspect for the underlying charge, which often included a charge of assault or destruction of property.

The Bureau of Justice Statistics report says U.S. Attorneys use five federal hate crimes related statutes to prosecute suspects for hate crimes. Among them is the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009, which is the only federal hate crimes law that includes protections for LGBTQ people.

LGBTQ activists hailed the Shepard-Byrd law as an important breakthrough because it authorizes federal prosecutors to prosecute anti-LGBTQ hate crimes in states whose hate crimes laws do not cover hate crimes based on the victim’s sexual orientation or gender identity.

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Indiana GSA sues school district that banned Pride flags over another ban

“The treatment aimed at PHGSA by administrators is unwarranted- these students must be treated in the same manner all others are treated”

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Pendleton Heights High School in Pendleton, Indiana (Screenshot via WTHR NBC 13 News)

INDIANAPOLIS – A student led Gay-Straight Alliance at Pendleton Heights High School in Pendleton, Indiana filed suit against their school and the South Madison Community Schools District for banning public announcements and adverts in-school for their club.

Last Spring officials in the Schools District, in this suburban community 30 miles northeast of Indianapolis, ordered faculty members at Pendleton Heights High School to remove Rainbow Pride flags from classrooms. The Schools District labeled the flags “political paraphernalia”  and instructed the Spanish, French and art teachers to get the flags out of their classrooms saying the flags violate their school district’s “political paraphernalia” policy.

In the suit filed last Wednesday by the American Civil Liberties Union of Indiana on behalf of the Pendleton Heights High GSA, in U.S. District Court for the Southern District of Indiana, the ACLU noted that the principal at Pendleton Heights has stated that the PHGSA cannot publicize its existence on school bulletin boards or on the school’s radio station, while other curricular and non-curricular clubs at the school are able to do so. 

“This group aims to create an environment that provides support to students, during a time that otherwise might be increasingly difficult for LGBTQ students,” said Kit Malone, advocacy strategist at ACLU of Indiana. “The differential treatment aimed at Pendleton Heights Gay-Straight Alliance by administrators is unwarranted and these students must be treated in the same manner that all other student groups are treated.” 

Pendleton Heights Principal Connie Rickert has the authority to decide what student groups are allowed to meet at the school and which ones are deemed to be “official.” Last Spring she deflected on the apparent anti-LGBTQ+ messaging the order to remove the flags sent telling one media outlet; ““Teachers are legally obligated to maintain viewpoint neutrality during their official duties to ensure all students can focus on learning and we can maintain educational activities and school operations,” she said. “Our counselors are trained to respond to any student who desires support.”

While she has allowed the GSA club to meet, her banning announcements and notifications for the GSA runs contrary to her statements last Spring that that her school prides itself on creating a welcoming environment for all. 

“Students at Pendleton Heights High School may participate in non-curricular clubs recognized by the school,” said Ken Falk, ACLU of Indiana legal director. “By creating additional hurdles for Pendleton Heights Gay-Straight Alliance such as censoring the group’s promotions and prohibiting fundraising, the school is infringing on these students’ rights.” 

The South Madison Community Schools District has declined comment.

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Texas

Alarming numbers of Texas Trans kids in crisis over litany of anti-Trans bills

“Under the guise of protecting children- Texas legislators are directly harming thousands of transgender & nonbinary youth”

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LGBTQ youth protest anti-Trans bills at the Texas Capitol building (Photo Credit: Equality Texas)

NEW YORK – The Trevor Project received nearly 4,000 crisis contacts from transgender and nonbinary youth in Texas in 2021, with many directly stating that they are feeling stressed and considering suicide due to anti-trans laws being debated in their state.

This new data comes during a year when Texas lawmakers have proposed nearly 70 anti-LGBTQ bills, including more than 40 bills that specifically target transgender and nonbinary youth — far more than any other state.

The Texas State Senate passed its anti-trans sports ban SB3 this week, and the companion bill HB10 is now moving forward in the Texas House. 

Republican Texas Governor Abbott has prioritized SB 3 and called for a third consecutive special session of the legislature to consider this bill, which would ban transgender student-athletes from playing on sports teams consistent with their gender identity.

“The Trevor Project’s crisis counselors have been hearing from transgender and nonbinary youth in Texas who are scared and worried about anti-trans laws being debated in their state — and some have even expressed suicidal thoughts. This is a crisis. We urge Texas lawmakers to consider the weight of their words and actions — and to reject HB10/SB3,” said Amit Paley, CEO and Executive Director of The Trevor Project.

  • Between January 1 and August 30, 2021, The Trevor Project received more than 10,800 crisis contacts (calls, texts, and chats) from LGBTQ young people in Texas looking for support. More than 3,900 of those crisis contacts (36%) came from transgender or nonbinary youth.
  • Crisis contacts from LGBTQ young people in Texas seeking support have grown over 150% when compared to the same time period in 2020.
  • While this volume of crisis contacts can not be attributed to any one factor (or bill), a qualitative analysis of the crisis contacts found that:
  • Transgender and nonbinary youth in Texas have directly stated that they are feeling stressed, using self-harm, and considering suicide due to anti-LGBTQ laws being debated in their state.
  • Some transgender and nonbinary youth have expressed fear over losing access to sports that provide important acceptance in their lives.

“As a transgender young person in Texas, this new data from the Trevor Project is not surprising, but it’s nonetheless harrowing and alarming to see this representation of the detrimental impact Texas Lege is having on our community — especially our kids. Lawmakers and proponents of bills like SB3 and HB10 should be alarmed by these statistics, too,” Landon Richie a Trans youth activist and GenderCool Youth Leader from Houston told the Los Angeles Blade.

“Under the guise of protecting children and promoting fairness, Texas legislators are directly harming thousands of transgender and nonbinary youth, denying them the dignity, respect, and childhoods that they deserve. It’s never an exaggeration to say that the passage — and merely debate — of these bills will cost lives,”  Richie added.

National mental health organizations like The Trevor Project and state LGBTQ equality groups including Equality Texas and Transgender Education Network of Texas (TENT) are raising concerns about the impact of such legislation on the mental health and wellbeing of transgender and nonbinary youth.

The Trevor Project’s 2021 National Survey on LGBTQ Youth Mental Health found that more than half (52%) of transgender and nonbinary youth seriously considered suicide in the past year and 1 in 5 attempted suicide. Further, Trevor released a new research brief earlier this month on LGBTQ youth participation in sports, which found that a majority of LGBTQ young people (nearly 66%) do not actively participate in sports — with many citing fear of bullying and discrimination as a key factor for not participating.

If you or someone you know needs help or support, The Trevor Project’s trained crisis counselors are available 24/7 at 1-866-488-7386, via chat at TheTrevorProject.org/Help, or by texting START to 678678. 

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Utah

2nd largest school district in Utah bans Pride & BLM flags as ‘too political’

“We have to have a politically neutral classroom, and we’re going to educate the students in the best possible way that we can”

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Davis School District Offices in Farmington Utah (Photo Credit: Davis School District)

FARMINGTON, Ut. – Administrators this week in the Davis School District, which is Utah’s 2nd largest school district with 72,987 students, banned LGBTQ Pride and Black Lives Matter flags, saying they are ‘politically charged.’

According to the Salt Lake City Tribune, Davis Schools spokesperson Chris Williams told the paper; “No flags fly in our schools except for the flag of the United States of America.” Williams later walked that statement back adding a clarification that some of the Districts schools have flags from sports team or international countries which are considered “unrelated to politics.”

“What we’re doing is we’re following state law,” said Williams. “State law says that we have to have a classroom that’s politically neutral.”

Amanda Darrow, Director of Youth, Family, and Education at the Utah Pride Center in Salt Lake City, told multiple media outlets the school district is “politicizing the rainbow flag” which doesn’t belong on a political list.

“That flag for us is so much more,” said Darrow. “It is just telling us we’re included in the schools, we are being seen in the schools, and we belong in these schools.”

KUTV CBS2 News in Salt Lake City checked with the Utah State Board of Education. In an email, spokesman Mark Peterson said, “There is nothing in code that specifically defines a rainbow flag as a political statement so it would be up to district or charter school policies to make that determination.”

The local Utah chapter of the American Civil Liberties Union also weighed in saying in a statement;

Whether or not a school district has the legal ability to ban inclusive and supportive symbols from classrooms, it is bad policy for them to do so,” the advocacy organization said in a statement. “Utah schools have an obligation to ensure that all students, regardless of their sexual orientation or gender identify, feel welcome inside a classroom. We urge school administrators and teachers to adopt policies that make all students feel safe and included.”

Williams insisted the policy is not meant to exclude anyone and that all students are loved and welcomed – they just want to keep politics out of school he told the Tribune and KUTV.

“We have to have a politically neutral classroom, and we’re going to educate the students in the best possible way that we can,” said Williams.

A Utah based veteran freelance journalist, writer, editor, and food photographer weighed in on Twitter highlighting the negative impact of the Davis Schools decision on its LGBTQ youth.

Davis County School District bans LGTBQ and BLM flags as ‘too political’

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